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HomeMy WebLinkAboutCouncil Packet 08/08/20116:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 8, 2011 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance oi a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLLCALL OF MEMBERS APPROVAL OF MINUTES OF July 25, 2011 PROCLAMATIONS AND CEREMONIES 42nd Annual Wheat Ridge Carnation Festival Traffic Safety Month CITIZENS' RIGHT TO SPEAK a . Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b . Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC INPUT .L Opportunity for Public Input on the Budget PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 23-2011 -amending Chapters 4 and 17 of the Wheat Ridge Code of Laws concerning Animals Running At Large and Adopting Off-Leash Dog Park Rules and Regulations . ~ Council Bill 24-2011 -concerning Appeals from Decisions of the Director of Public Works . CITY COUNCIL AGENDA: August 8 , 2011 Page -2- ORDINANCES ON FIRST READING Q. Council Bill 25 -2011 -approving a Planned Commercial Development (PCD) Specific Outline Development Plan on property located at 7495 W . 29th Ave. (Case No. WZ-11- 04/MCPN). Council Bill 26-2011 -submitting a proposed Amendment to the Wheat Ridge Home Rule Charter to the Voters of the City pursuant to Charter Section 16.8 (b), setting the Ballot Title and Giving Notice and Call of an Election concerning the same. Council Bill 27-2011 -·amending the Wheat Ridge Code of Laws concerning Annexation of Real Property to the City. DECISIONS, RESOLUTIONS, AND MOTIONS 7 . Resolution 22-2011-authorizing the appropriate City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson , State of Colorado, and the City of Wheat Ridge , Colorado, regarding the Administration of their respective duties concerning the conduct of the Coordinated Election to be held on November 1, 2011 . 8 . Resolution 23-2011 -amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $1 ,850 for the renewal of the WRTV8 Scheduling Software. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO July 25, 2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00p.m. Council Members present: Karen Adams . Karen Berry , Mike Stites , Davis Reinhart , Joseph DeMott, Joyce Jay, and Tracy Langworthy. Also present: City Manager, Patrick Goff; Administrative Services Director, Heather Geyer; Parks and Recreation D i rector , Joyce Manwaring; Chief of Police, Dan Brennan ; Director of Economic Development; Steve Art; Director of Public Works , Tim Paranto; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl ; Minutes Specialist, Ann Lazzeri ; staff and interested cit izens. Council Member Wanda Sang was absent. APPROVAL OF MINUTES OF July 11, 2011 Motion by Mr. Stites for approval of the Minutes of July 11 , 2011 ; seconded by Mr. Reinhart; carried 7-0. PROCLAMATIONS AND CEREMONIES National Night Out Karen Thaler read the proclamation regarding National Night Out. Chief Brennan announced this year's event will be held in Haywood Park from 3 :00 p.m . to 7 :00 p .m . on August 1, 2011 . Recognition of Lifeloc Technologies Steve Art introduced Barry Knott, President and CEO of Lifeloc Technologies of Wheat Ridge . Lifeloc Technologies designs and manufactures breathalyzers used to detect and measure alcohol intoxication. These products are distributed locally , nationally and globally . On behalf of City Council , Mr. Art presented an award to Mr. Knott in recognition of Lifeloc Technologies' selection as one of the top 50 businesses to watch in the State of Colorado. CITIZENS' RIGHT TO SPEAK Karen Thaler announced her candidacy for the District One City Council seat at the November 1, 2011 municipal election . City Council Minutes July 25 , 2011 Page 2 ORDINANCES ON FIRST READING .1. Council Bill 23-2011 -amending Chapters 4 and 17 of the Wheat Ridge Code of Laws concerning Animals Running At Large and Adopting Off-Leash Dog Park Rules and Regulations . Council Bill 23-2011 was read and introduced by Council Member DeMott. Motion by Mr. DeMott to approve Council Bill No . 23-2011 on first reading , order it published , public hearing set for Monday, August 8 , 2011 at 7 :00p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Langworthy and Mr. Reinhart ; carried 7-0 . 2. Council Bill 24-2011 -concerning Appeals from Decisions of the Director of Public Works. Council Bill 24-2011 was read and introduced by Mr. Reinhart. Motion by Mr. Reinhart to approve Council Bill No. 24-2011 on first reading , order it published , public hearing set for Monday, August 8, 2011 at 7:00p.m . in the City Council Chambers, and that it take effect 15 days after final publication ; seconded by Ms. Berry; carried 7-0 . DECISIONS, RESOLUTIONS, AND MOTIONS d:_ Motion to approve payment to Ideal Fence Corporation of Erie , Colorado , in the not-To-Exceed amount of $16,749 for construction of a Post and Metal Fabric Fence surrounding a Two-Acre Dog Park in Fruitdale Park. Motion by Mr. DeMott to award payment to Ideal Fence Corporation of Erie, Colorado, in the not-to-exceed amount of $16 ,749 for construction of a Post and Metal Fabric Fence surrounding a Two-Acre Dog Park in Fruitdale Park ; seconded by Mrs. Langworthy ; carried 7-0 . 1. Resolution 24-2011 -amending the Fiscal Year 2011 Capital Investment Program Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $92,900 for the purposes of the 32"d Ave . Widening Project Design and awarding the Design Contract to Martin/Martin Consulting Engineers, Lakewood , CO , for a Not-To-Exceed amount of $92,900. Resolution 24-2011 was introduced by Mr. Stites. Motion by Mr. Stites to approve Resolution 24-2011 ; seconded by Mr. Davis and Mrs. Adams; carried 7-0. City Council Minutes July 25 , 2011 Page 3 CITY MANAGER'S MATTERS Mr. Goff announced the City received a federal grant in the amount of $3 ,000 ,000 for the 32"d Avenue widening project. Construction on the widening project is expected to begin in early 2012 . The Public Works Department has received a grant in an amount of just under $300 ,000 for the purpose of purchasing 30 new bus stop shelters . Those shelters should be installed by the end of this year. A grant in the amount of $500 ,000 has also been received to be used for a new pedestrian trail along Wadsworth . ELECTED OFFICIALS' MATTERS Mayor DiTullio read a letter into the record from City Clerk Michael Snow announcing a potential candidate 's forum to be held in the Council Chambers on Tuesday, July 26 , 2011 at 7 :00 pm . Mr. Stites reminded citizens of the Carnation Festival parade on August 20 and requested property owners along 38th Avenue to clean up their parking lots in preparation of the event. He commented that this is a good time to relocate a residence or business to Wheat Ridge. He reminded citizens to help their neighbors and try to "find it and buy it" in Wheat Ridge . Ms. Berry announced that the Wheat Ridge Fresh Fruits and Vegetable Task Force will hold a meeting from 5:30 to 7:00 p .m . at the home of John Lanterman at 1965 Union Street in Lakewood . Mr. Lanterman 's home garden is a great example of how to turn your front yard into a produce factory while making it visually attractive . All citizens are welcome to attend, bring a chair and enjoy garden. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON August 8, 2011 BY A VOTE OF __ to __ Tracy Langworthy, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e . they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions . . ' ... \ _ City of • JP'"VVheat~dge ITEM NO: DATE: August 8, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2011 AN ORDINANCE AMENDING CHAPTERS 4 AND 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ANIMALS RUNNING AT LARGE AND ADOPTING OFF-LEASH DOG PARK RULES AND REGULATIONS D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ~/ / I ' / /./ ,. l_....; •. City Attorney ISSUE: 0 ORDINANCES FOR 1sT READING (07/25/2011) [8] ORDINANCES FOR 2ND READING (08/08/20 11) D YES City Manager The City Council has been considering the creation and appropriate regulation of off-leash dog parks within the City for several months. This ordinance authorizes the creation of off-leash dog parks (and amendment and removal of the same) at Council 's direction and adopts rules and regulations to govern the use of such parks. PRIOR ACTION: The Off-Leash Dog Park Task Force recommendation report was presented to Catmcil at its December 6, 2010 Study Session. Council then directed staffto proceed with a neighborhood meeting and report back to Council on the input received. A neighborhood meeting was held on February 2, 2011. At Council 's March 7, 2011 Study Session, staff reported back to Council concerning neighborhood input. Council then directed that an ordinance be prepared authorizing off-leash dog parks and adopting the dog park rules and regulations recommended by the Task Force. FINANCIAL IMP ACT: The Wheat Ridge Rotary Club has donated $5,000 for construction of the dog parks and $20,000 is currently appropriated in the Open Space Fund budget for the off-leash dog parks. Council Action Form August 8, 2011 Page2 RECOMMENDATION: This Ordinance does two things: (1) it authorizes the City Council to direct the creation, alteration and removal of off-leash dog parks upon City property; and (2) it establishes rules and regulations governing any off-leash dog parks in existence. This approach permits Council to add and subtract off-leash dog parks in the future, as it deems fit , and to alter the boundaries of such parks in the future without going through an ordinance process. The Parks and Recreation Commission and the Animal Welfare and Control Commission recommend amending provisions of Chapter 4 and 17 of the Wheat Ridge Code of Laws concerning animals running at large and adopting off-leash dog park rules and regulations. RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2011, an ordinance amending various provisions of Chapters 4 and 17 of the Wheat Ridge Code of Laws concerning animals running at large and adopting off-leash dog park rules and regulations, on second reading, and that it takes effect 15 days after fmal publication." Or, "I move to table indefinitely Council Bill No. 23-2011 for the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 23-2011 2. Staff Report -Neighborhood Meeting Regarding Off Leash Dog Park 3. Wheat Ridge Off-Leash Dog Park Task Force recommendations, November 2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMOTT Council Bill No . 23 Ordinance No. ----- Series of 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 4 AND 17 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ANIMALS RUNNING AT LARGE AND ADOPTING OFF-LEASH DOG PARK RULES AND REGULATIONS WHEREAS, pursuant to Article XX of the Colorado Constitution and C.R.S. §§ 31- 15-401(1)(m) and 31-15-702(1)(a)(l), the City of Wheat Ridge ("City") possesses the authority to prohibit the running at large of animals and to regulate the use of public parks within the City; and WHEREAS, pursuant to this authority, the City , acting by and through its City Council (the "Council"), wishes to permit the use of certain designated areas within certain City parks as off-leash dog parks; and WHEREAS, the Council finds and determines that the imposition of rules and regulations specific to off-leash dog parks are necessary and desirable to minimize the potential impacts of such parks on neighboring properties and on the general public and to protect all people and animals using the parks ; and WHEREAS, the Council further finds that dog park rules and regulations should be codified within the Wheat Ridge Code of Laws ("Code") to permit the violators thereof to be prosecuted in the City's Municipal Court ; and WHEREAS, the Council therefore desires to amend certain provisions of Chapters 4 and 17 of the Code, concerning animals and parks, to establish rules and regulations for off-leash dog parks and to make other conforming amendments to said Chapter. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO: Section 1. The definition of "running at large" set forth in Code Section 4-1 is hereby amended as follows : Running at large means off the premises of the owner and not under the effective control of that owner, his agent, servant, or competent member of his family by means of a leash , cord , or chain not to exceed six (6) feet in length ; except that, for purposes of this definition , the "premises of the owner" shall not include common areas of condomin iums, townhouses and apartment buildings , and any animal not in the effective control of its owner upon the common area of a condominium , townhouse or apartment building , or the grounds thereof, shall be deemed to be running at large. A DOG THAT OT HERWISE MEETS THIS DEFIN ITION SHALL NOT BE CONSIDERED TO BE RUNNING AT LARGE WHEN SUCH DOG IS WITHIN AN OFF-LEASH DOG PARK ACCOMPANIED BY ITS OWNER OR HANDLER IN ACCORDANCE WITH THE REQUIREMENTS OF THIS CODE. Section 2. The definition of "animal shelter" set forth in Code Section 4 -1 is hereby amended as follows: Animal shelter means Table Mountain Animal Shelter, Inc., v1hich is hereby THAT FACILITY OR FACILITIES AS designated by the city FROM TIME TO TIME as the facility for the boarding and caring of any animal impounded under the provisions of his chapter or any other ordinance or law of the state . Section 3. Section 4 -8 of the Code is hereby amended as follows : Sec. 4-8. Running at large; OFF-LEASH DOG PARKS. (a) A person who is a dog owner shall be guilty of dog at large if such dog runs at large within the city . (b) For purposes of subsection (a) above and section 4-16 , animals injured or killed in the street shall be considered as running at large ; the community services officer shall remove all such animals and , at his discretion, take those needing medical attention to a veterinarian or to the animal shelter. Injured animals may be destroyed humanely if it is determined by the animal shelter or the attending veterinarian that the animal has sustained critical injuries , is suffering extreme pain , and/or has a poor prognosis for recovery. The animal shelter shall consult with a veterinarian as to the disposition of injured animals when the animals' prognosis cannot be ascertained by the animal shelter with reasonable certainty . The animal owner shall be liable for all expenses for the treatment, impoundment and/or destruction of any animal. The city and any of its employees, the animal shelter and any of its employees, and any veterinarian consulted shall be immune from liability for any actions taken pursuant to this subsection . (C) THE CITY COUNCIL MAY, FROM TIME TO TIME , DIRECT THE CREATION, ALTERATION AND REMOVAL OF OFF-LEASH DOG PARKS WITHIN THE CITY. OFF -LEASH DOG PARKS SHALL BE LOCATED ON CITY PROPERTY AND SHALL BE GOVERNED BY AND POSTED WITH SIGNS GIVING NOTICE OF THE FOLLOWING RULES AND REGULATIONS . IT SHALL BE UNLAWFUL TO VIOLATE ANY PROVISION OF THIS SUBSECTION (C). CONVICTION OF ANY PROVISION OF THIS SUBSECTION (C) MAY ALSO RESULT IN A LOSS OF PRIVILEGE TO THE OWNER, HANDLER OR SUBJ ECT DOG T O USE THE CITY'S O FF-LEASH DOG PARKS: 2 (1) OFF-LEASH DOG PARKS ARE OPEN TO THE PUBLIC DURING THE SAME HOURS THE SURROUNDING CITY PROPERTY IS OPEN TO THE PUBLIC . (2) ALL DOGS MUST BE UNDER THE EFFECTIVE CONTROL OF THEIR OWNERS OR HANDLERS BY MEANS OF A LEASH , CORD, OR CHAIN NOT TO EXCEED SIX (6) FEET IN LENGTH WHEN ENTERING AND LEAVING THE DESIGNATED DOG PARK AREA. (3) ALL DOGS MUST DISPLAY A CURRENT RABIES TAG AFFIXED TO THE COLLAR. (4) ALL DOGS BELONGING TO CITY RESIDENTS MUST DISPLAY A CURRENT JEFFERSON COUNTY DOG LICENSE AS REQUIRED BY CODE SEC . 4-31 (C). (5) ALL DOGS MUST BE ACCOMPANIED BY A PERSON SEVENTEEN (17) YEARS OF AGE OR OLDER. (6) DOG OWNERS AND HANDLERS ASSUME FULL RESPONSIBILITY FOR THEIR DOGS AND MINOR CHILDREN WITHIN THE DOG PARK AREA. (7) DOG OWNERS AND HANDLERS MUST REMAIN WITHIN THE OFF-LEASH DOG PARK AREA AND WITHIN SIGHT OF THEIR DOGS AT ALL TIMES. (8) DOG OWNERS AND HANDLERS MUST REMOVE AND PROMPTLY DISPOSE OF ANY FECES DEPOSITED WITHIN THE DOG PARK AREA BY THEIR DOGS. (9) DOGS MAY NOT CHASE OR OTHERWISE HARASS WILDLIFE. (10) THE FOLLOWING DOGS ARE NOT PERMITTED WITHIN OFF-LEASH DOG PARKS : (A) AGGRESSIVE DOGS , AS DEFINED BY CODE SEC . 4- 1. (B) FEMALE DOGS IN HEAT. (C) DOGS WITHOUT A CURRENT RABIES TAG AFFIXED TO THE COLLAR OR WITHOUT A CURRENT JEFFERSON COUNTY DOG LICENSE , AS APPLICABLE. (D ) DOGS UNDER THE AGE OF FOUR (4) MONTHS. 3 (E) DOGS EXHIBITING VISIBLE SIGNS OF ILLNESS OR KNOWN BY THE OWNER OR HANDLER TO BE ILL. (F) DOGS THAT DO NOT RESPOND TO AND OBEY THEIR OWNERS ' OR HANDLERS ' SIGHT OR VOICE COMMANDS. Section 4. Section 17-29 of the Code , establishing rules governing animals within and upon City parks and recreation facilities, is hereby amended as follows: Sec . 17-29. Animals. (a) All animals must be under control by means of a leash, cord or chain not to exceed six (6) feet in length EXCEPTING DOGS PRESENT IN A DESIGNATED OFF-LEASH DOG PARK AREA UNDER THEIR OWNERS ' OR HANDLERS ' SIGHT OR VOICE CONTROL. (b) It shall be unlawful for the owner or custodian of any animal to allow such animal to defecate in any park , trail, recreational facility or other public place within the city, and to fail to clean up and remove from such park , trail, recreational facility or other public place such excrement or feces . (c) Horseback riding shall be permitted only upon areas specifically designated by the director. Horseback riding is prohibited in all turf areas. Section 5 . Safety Clause . The City Council he reby 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 6. 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 7. 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 7 to 0 on this 25th day of July, 2011 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 8 , 2011 , at 7 :00 o'clock p .m., in the Council Chambers , 7500 West 29th Avenue, Wheat Ridge , Colorado. 4 READ , ADOPTED AND ORDERED PUBLISHED on second and fina l reading by a vote of to , this day of , 2011 . SIGNED by the Mayor on this ___ day of _________ , 2011 . ATIEST: Michael Snow, City Clerk First Publication: July 28 , 2011 Second Publication : Wheat Ridge Transcript Effective Date : Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl , City Attorney 5 \ ~' City of ~Wheat&_dge _.VPARKS AND RECREATION TO: THROUGH: FROM: DATE: SUBJECT: ISSUE: Memorandum Mayor and City Council Patrick Goff, City ManagerQb- Joyce Manwi.ring , Parks and Recreation Director Df'f" February 25, 2011 (For March 7, 2011 Study Session) Neighborhood Meeting Regarding Off Leash Dog Park The Off Leash Dog Park Task Force Recommendation report was presented at the December 6. 2010, study session. In response to the report. City Council directed staffto proceed with a neighborhood meeting and report back to Council on the input received in order to obtain final approval prior to proceeding with a park at the proposed locations. Staff was also asked to research lighting options for the parks. Ordinance changes will be required to accommodate the off leash dog park rules and regulations. These changes will be presented to City Council for approval prior to the opening of either park . FINANCIAL IMPACT: The Wheat Ridge Rotary Club ha s donated $5 ,000 for construction of the dog parks, and $20,000 is currently appropriated in Fund 32 of the Open Space budget for the off leash dog parks. BACKGROUND: A neighborhood meeting was held on Wednesday, February 2, 2011 , to gather input for the two separate proposed locations for an off leash dog park. The first proposed location is the southeast end of Fruitdale Park at 491h and Miller Street. The second proposed location is the area west of the tennis court at Prospect Park , 441h and Robb Street. Flyers advertising the meeting were mailed to the residents and property owners in the neighborhoods near the two locations. Flyers were posted in the area apartment complexes. Attached is a map of the neighborhoods included in the mailing. There were 25 people in attendance. Attendees included 11 general public , five City staff, one elected official and eight members representing the Dog Park Committee and/or Parks and Recreation Commission. Attached is the original Off Leash Dog Park Task Force Recommendation report presented to City Council at the December 6, 20 II , study session and a list of the comments received at the February 2 meeting. Neighborhood Meeting Regarding Off Leash Dog Park February 25, 2011 Page 2 Summary of Comments Generally. there seems to be support for an off leash park at both locations. There was concern expressed by the neighbors located on the southwest side of the park that the dog park not be located directly behind their residences. Other concerns included parking, barking dogs. picking up after the dogs, and proposed locations. There was also support and confirmation regarding the need for an off leash dog park in Wheat Ridge and that a dog park helps neighbors get to know each other and builds community. RECOMMENDATIONS: I) Fruitdale Park Staff recommends: A. locating the fenced, off leash dog park further north than the original proposal (see Exhibit A on Page 9 of the report), inside the existing soft surface trail area. An aerial map of the proposed location is attached. This location will : 1) allow residents to continue to enjoy the walking trails by maintaining a contiguous trail through the park without additional construction costs incurred to relocate the existing trail. 2) locate the park away from the residences on the west border at the south end of the park. B. The possible addition of a parking area closer to the east side of the dog park after of evaluation of usage and a determination as to whether participants are willing to park in the existing lot on the west side of the park. Further design and development of this concept needs to occur prior to committing to a parking lot in this area of the park; C. installing solar lighting at this location; and D. giving the Fruitdale Park location first priority for funding. 2) Prospect Park Staff recommends: A. constructing a fenced, off leash park directly west of the existing tennis court per page 12 ofthe Off Leash Dog Park Task Force Recommendation report. B. utilizing existing parking which has been determined to be available and adequate; C. installing solar lighting at this location; and D. giving the Prospect Park location second priority for funding. Due to the Italians of America Car Show scheduled at Fruitdale Park for July, construction will not begin on the Fruitdale dog park until August 1, 20 II, after the conclusion of the show. ATTACHMENTS: 1) Wheat Ridge Off Leash Dog Park Task Force Recommendation Report 2) Neighborhood Meeting Comments 3) Fruitdale Park -Revised Location Recommendation Map Wheat Ridge Off Leash Dog Park Task Force Recommendation November 2010 Rules and Regulations The Task Force has fmalized a draft of rules and regulations to put in place for the dog parks. All dog parks in the area have a set of rules and regulations and there are standards available from various sources. The Task Force has used a combination of these resources to come up with the Rules and Regulations for the Wheat Ridge dog parks. OFF LEASH DOG PARK ENCLOSURE RULES Wheat Ridge Off Leash Dog Park Rules and Regulations are designed to protect all dogs and people visiting the park. • Off leash dog park will be open for the same hours as Fruitdale Park. • Dogs must be leashed when entering and leaving the enclosure. • Dogs must have current rabies tag affixed to the collar. All Wheat Ridge residents are required by ordinance to license dog(s) through the Jefferson County Dog License Program. [Reference Section 4-31 (c) Dog and Cat licenses.] • Dogs must be accompanied by a person 17 years or older. • Dog owners/handlers assume full responsibility for their dog(s) and minor children. • Dog owners/handlers must be in the enclosed area within view of their dog(s) at all times. • Dog owners/handlers must clean up dog feces and dispose of waste in provided receptacles . • Dogs are not allowed to harass or chase wildlife. THE FOLLOWING ARE NOT ALLOWED fN THE OFF LEASH AREA: • Aggressive dogs will not be permitted • Female dogs in heat • Dogs without current rabies vaccinations/ attached to the collar or a current Jefferson County Dog License. • Dogs too young to vaccinate against rabies. Per the Wheat Ridge Municipal Code Section 4-10, Rabies Control (a) all dogs over the age offour (4) months shall be inoculated by a licensed veterinarian against rabies. • Dogs exhibiting signs of illness or known to be ill • Dogs not under voice or sight control Failure to abide by park rules may re s ult in a s ummon s to court and loss of privileges. Owners/handlers assume the legal respons ibility for damage, injury or disease to persons, dogs or property caused by his/her dog. WR Dog Park Task Force Recommendation _November 2010 _ v4 rev030211.doc 5 I I. l· I ,. I j. I· I ~ . , _.. • .. City of • p WheatR.i_dge ITEM NO: 3. DATE: August 8, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE : COUNCIL BILL NO. 24-2011 -AN ORDINANCE CONCERNING APPEALS FROM DECISIONS OF THE DIRECTOR OF PUBLIC WORKS D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING (07 /25/2011) rgj ORDINANCES FOR 2ND READING (8/08/2011) QUASI-JUDICIAL: D YES ~7 /~;I . /'7/'Jr-Ll /) /J s City Attorney ISSUE: An ordinance providing for a right of appeal to the Board of Adjustment from certain decisions of the Director of Public Works , and repealing an obsolete provision of Chapter 13 in connection therewith. PRIOR ACTION: Council discussed this issue in a study session. The City Attorney and Public Works Director met with Council members Reinhart and Berry. The attached ordinance is the product of that meeting. FINANCIAL IMPACT: None BACKGROUND: The Public Works Director is given authority under variou s chapters of the Code of Laws to enforce those Code sections. Under Chapter 26, the Public Works Director makes certain administrative decisions following fmal approval of a development application by the Council or Planning Commission. The attached ordinance creates a right of appeal of these decisions to the V :\Form s\CAFtemplate Council Action Form August 8 , 2011 Page 2 Board of Adjustment, which may grant the appeal based on proof of hardship. The ordinance also deletes an obsolete provision of Chapter 13 referring to the "street committee of the City Council," which no longer exists. RECOMMENDATION: Adopt the ordinance as attached. RECOMMENDED MOTION: "I move to approve Council BilrNo. 24-2011, an ordinance concerning appeals from decisions of the Director of Public Works, on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 24-2011 for the following reason(s) Gerald E. Dahl, City Attorney ATTACHMENTS: 1. Ordinance No. 24-2011 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 24 Ordinance No. ---- Series 2011 AN ORDINANCE CONCERNING DECISIONS OF THE DIRECTOR OF PUBLIC WORKS WHEREAS, the City of Wheat Ridge ("City ") is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution ; and WHEREAS, in the exercise of these powers, the City Council has adopted Chapter 26 of the Wheat Ridge Code of Laws ("Code") concerning zoning and development, and Chapter 13 concerning motor vehicles and traffic ; and WHEREAS, the City Council wishes to provide for a right of appeal from certain decisions of the Director of Public Works as authorized by said Chapter 26 and to delete an obsolete provision of Chapter 13 in connection therewith . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-115 of the Wheat Ridge Code of Laws , pertaining to the authority of the Board of Adjustment, is hereby amended by the addition of a new subsection E.3 , to read as follows : E. Interpreta tions . The board of adjustment is empowered to hold public hearings to decide upon requests for interpretation of certain provisions of this chapter in such a way as to carry out their intent and purpose . This authority shall extend only to the following : 1. The basic intent and purpose of words, phrases or paragraphs as applied to a specific proposal or instance . 2 . Use of property as an "other similar use ;" however in no instance shall the board make an interpretation that a particular use may be permitted in a zone district where that use is specifically enumerated in a higher, that is a more intensive, zone district. 3 . ADMINISTRATIVE DECISIONS TAKEN BY THE DIRECTOR OF PUBLIC WORKS FOLLOWING FINAL APPROVAL BY THE PLANNING COMMISSION OR CITY COUNCIL, AS APPROPRIATE , MAY BE APPEALED TO THE BOARD , WHICH IS EMPOWERED TO REVERSE OR MODIFY SUCH DECISIONS, IN WHOLE OR IN PART, UPON A SHOWING BY THE APPLICANT THAT THE EFFECT OF THE DIRECTOR 'S DECISION WOULD IMPOSE A PARTICULAR AND UNIQUE HARDSHIP UPON THE OWNER OF THE SUBJECT PROPERTY, AS DISTINGUISHED FROM MERE INCONVENIENCE, AND WHICH HARDSHIP HAS NOT BEEN CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE SUBJECT PROPERTY. Section 2. Section 13-1 of the Wheat Ridge Code of Laws , entitled "Standard manual ," is amended by the deletion of reference in subsection (c) thereof to the "Street Committee of the City Council," as follows : (c) Review for compliance; requests for placement or removal; appeals . All traffic regulatory signs and control devices shall be reviewed by the director of public works or his designee for compliance with the warrants stated in subsection (b) above . Any requests for placement or removal of regulatory signs (being defined as stop or yield signs) shall be completed by any person requesting review, and review shall be made by the public works director, or his designee, indicating what criteria or warrants as specified above have been met, or not met, which review shall contain a recommended action to be taken. AU suoh reoommendations shall be submitted to the street oommittee of the oity oounoil , whish shall review and disouss the reoommendation . Any person aggrieved by the deoision of the oity oounoil 's street oommittee to approve or disapprove said reoommendation may appeal suoh deoision to the oity oouncil for the purpose of obtaining a final deoision from the oity oounoil. It is expressly stated herein that the appeal prooess shall relate only to Warrant No. (5) speoified in subseotion-tet. Section 3. Severabilitv. Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 4. Effective Date. This Ordinance shall take effect fifteen (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 7 to 0 on this 25th day of July, 2011, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge , and Public Hearing and consideration on final passage set for August 8, 2011 at 7 :00 p.m ., in the Council Chambers , 7500 West 291h Avenue , Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011 . SIGNED by the Mayor on this __ day of _____ , 2011 . ATTEST: Michael Snow , City Clerk First Publication : July 28 , 2011 Second Publication : Wheat Ridge Transcript Effective Date: Jerry DiTullio , Mayor Approved as to Form Gerald E. Dahl , City Attorney ~ . .( _.. ., Cily of JP'WheatRL_dge ITEM NO: Li. DATE: August 8, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 25-2011 -AN ORDINANCE APPROVING A PLANNED COMMERCIAL DEVELOPMENT (PCD) SPECIFIC OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 7495 W. 29th AVENUE (CASE NO. WZ-11- 04/MCPN) 0 PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS (2J ORDINANCES FOR 1ST READING (08 /08 /2011) 0 ORDINANCES FOR 2ND READING (09/12/2011) QUASI-JUDICIAL: (2J YES D NO l tA__ <. --<.~1f-t.-k . I . Community DevelopmeniDirector ¥~~ ISSUE: The applicant is requesting approval of an amendment to a Planned Commercial Development (PCD) Specific Outline Development Plan (ODP) for property located at 7495 W. 29th Avenue for construction of a medical clinic. This case is being processed as a "specific" ODP which establishes development standards as well as preliminary site planning for the property and architecture of the structure. If approv ed , the applicant can proceed to administrative Final Development Plan (FDP), platting and building permit. The Planning Commission recommended approval of this request at a public hearing held on July 21, 2011. Adoption of the attached council bill on first reading sets the public hearing to consider the Specific Outline Development Plan on September 12, 2011. Case No. WZ-11 -04 /MCPN Council Action Form August 8 , 201 1 Page2 PRIOR ACTION: The property was rezoned from R-2 to Planned Commercial Development pursuant to Case No. WZ-05-1 0. The approved ODP document was heavily conditioned with items pertaining to use areas and maintenance of the then-existing structures. A subsequent Specific ODP for construction of a restaurant, retail and office was approved pursuant to Case No. WZ-08-01 but was never built. The applicant, Metro Community Providers Network (MCPN), is requesting approval of a Specific Outline Development Plan for an approximate 46,000 square-foot medical clinic so they can proceed to administrative FDP, platting and building permit. Planning Commission reviewed this request at a public hearing held on July 21, 2011. A recommendation of approval was given for the following reasons: 1. Due to changed market conditions, the property is no longer appropriate for retail. 2. The proposed Specific ODP is consistent with the Wadsworth Subarea Plan and Envi sion Wheat Ridge. 3. The proposed site design and architectural e levations are consistent with the Commercial/Industrial Design Standards in the Architectural and Site Design Manual. 4. The zone change evaluation criteria support approval ofthis request. 5. With modifications recommended by Staff, all requirements of an Outline Development Plan have been met which will a llow administrative approval of an FDP for the property. With the following conditions: 1. Problems with the legal description be resolved prior to first reading 2. The app li cant continues working with Public Works to resolve drainage design on the site 3. The proposed materials and colors be specified on the architectural elevations where they are not indicated and a sample board be provided prior to City Council public hearing 4. On Sheet A4, the graphic be modified to show a detached sidewalk a long the entire length ofW. 29th Avenue 5. Redesign of 30°1 Avenue access to provide entrance to the north side of the s it e without connecting to Webster There were numerous attendees in the audi ence who gave public comment on the application. Copies of the Planning Commission staff report and meeting minutes will be provided at second reading. With regard to the conditions of approval in the Planning Commission motion, the applicant has agreed to the first four. Staff is working with the applicant to modify the s ite design to meet the intent of this fifth condition. 2 Council Action Form August 8, 201 1 Page 3 FINANCIAL IMP ACT: Fees in the amount of $1750 were coUected for the review and processing of Case No. WZ-11- 04. lfthe proposed Specific ODP is approved and the property develops accordingly, there would be an advancement of the City 's goals for economic development and a diverse and resilient tax base. BACKGROUND: The property addressed as 7495 W. 29°1 Avenue is located at the northeast comer ofW. 29th Avenue and Wadsworth and contains 4.6 acres. The property is surrounded by a variety of land uses. To the north and east are residential neighborhoods zoned R-IA and R-2. Immediately to the south is property containing the City Hall building and Hayward Park. To the west across Wadsworth is the Olinger Crown Hill Mortuary and Cemetery located in unincorporated Jefferson County. The property was rezoned to PCD in 2005 with a plan for general commercial, office and retail. The intent of the ODP document was to maintain several existing structures on the property while providing an area for new development. A change of zoning conditions for the property was approved in 2008 which allowed removal of the existing structures. A restaurant, office and retail space were proposed for the site but never built. The new development proposal is for construction of an approximate 46,000 square foot medical clinic which will offer medical, dental and mental health services. No emergency services will be provided. A departure from the two previously approved ODP documents is that West 30th Avenue access is from the north rather than from Wadsworth. This would require dedication of the southern half of30111 Avenue (25 ') and full-width street construction of301h between Wadsworth and Webster Street. However, this concept of extension of 301h from Wadsworth to Webster was not supported by Planning Commission due to potential impact on the neighborhood. Staff is working with the applicant to redesign access into the property which does not require West 30°1 to be fully extended to Webster. This design issue will be resolved prior to the September 12th City Council public hearing. This application has been through a standard City and outside agency refenal process. No major outstanding issues of concern have been raised. Guiding documents Subarea Plan The Wadsworth Corridor Subarea Plan, adopted by the Wheat Ridge C ity Council in 2007, is considered an addendum to the Comprehensive Plan for this portion of the City. The property is shown as Commercial on the Recommended Land Use' Map in the subarea plan. The subarea plan calls for the redevelopment of Wadsworth with a mix of uses which are pedestrian friendly and will enhance the corridor aesthetically. 3 Council Action Form August 8, 2 011 Page4 Comprehensive Plan Envision Wheat Ridge, the Comprehensive Plan adopted in 2009, also promotes the vision for Wadsworth as a priority commercial corridor appropriate for redevelopment. The goal for improving the appearance and function of the corridor is being met with this development proposal through upgraded landscaping, trees and architecture. The subject property is al so located within a neighborhood buffer area and should act as a transition between the low density neighborhood to the east and Wadsworth. RECOMMENDED MOTION:· "I move to approve Council Bill No. 25-2011 , an ordinance approving a request for a Planned Commercial Development Specific Outline Development Plan for property located at 7495 W . 29th Avenue on first reading, order it published, public hearing set for Monday, September 12 , 2011 at 7 :00p.m . in City Council Chambers, and that it take effect 15 da ys after final publication. Or, "I move to deny Council Bill No. 25-2011 , an ordinance approving a request for a Planned Commercial Development Specific Outline Development Plan for property located at 7495 W . 29th Avenue for the following reason(s) " REPORT PREPARED BY; Meredith Reckert, Senior Planne r Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 25-20 ll 4 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ______ _ Council Bill No. 25 Ordinance No. ---- Series of 2011 TITLE: AN ORDINANCE APPROVING A PLANNED COMMERCIAL DEVELOPMENT (PCD) SPECIFIC OUTLINE DEVELOPMENT PLAN ON PROPERTY LOCATED AT 7495 W. 29th AVENUE (CASE NO. WZ-11-04/MCPN) WHEREAS, the property located at 7495 W . 29th Avenue was rezoned from R-2 , Residential-Two, to Planned Commercial Development pursuant to Case No . WZ-05- 10; and, WHEREAS, a subsequent request for approval of a Specific Outline Development Plan was approved for the same property pursuant to Case No . WZ-08- 01 ; and , WHEREAS, neither of these approved development scenarios were constructed ; and, WHEREAS, a land use application has been filed for a Planned Commercial Development Specific Outline Development plan for said property in order to construct a medical clinic . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Metro Community Providers' Network (MCPN), approval of a Planned Commercial Development (PCD) Specific Outline Development Plan for property located at 7495 W . 29th Avenue , and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a PCD Specific Outline Development Plan is hereby approved for the following described property : A TRACT OF LAND IN THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON , STATE OF COLORADO , STATE OF COLORADO , BEING THE WEST 1/2 OF LOT 3, BLOCK 1, BARTH'S SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION ; THENCE SOUTH 02 DEGREES 55 MINUTES 34 SECONDS EAST, 661 .25 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WADSWORTH BOULEVARD, WHICH IS THE TRUE POINT OF BEGINNING ; THENCE SOUTH 00 DEGREES 19 MINUTES 32 SECONDS EAST ALONG SAID RIGHT OF WAY LINE 635 .80 FEET TO A POINT ON THE NORTH RIGHT-OF -WAY LINE OF WEST 29th AVENU E; TH ENC E NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE , 315.06 FEET ; THENCE NORTH 00 DEGREES 16 MINUTES 56 SECONDS WEST, 635 .39 FEET TO A POINT ON THE SOUTH RIGHT-OF -WAY LINE OF WEST 30th AVENUE ; THENCE SOUTH 89 DEGREES 54 MINUTES 45 SECONDS WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 315.54 FEET TO THE TRUE POINT OF BEGINNING . BASIS OF BEARINGS : THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 26 , BEING MONUMENTED ON THE NORTH END BY A 4" BRASS CAP IN RANGE BOX STAMPED "LS 13212" AND ON THE SOUTH END BY A 4" BRASS CAP IN RANGE BOX , ILLEGIBLE, AND HAVING A BEARING OF SOUTH 00 DEGREES 19 MINUTES 32 SECONDS EAST PER CITY OF WHEATRIDGE HORIZONTAL AND VERTICAL CONTROL BASE MAP . Section 2. Vested Property Rights. Approval of this zoning and Specific ODP approval does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the Ci t y of Wheat Ridge. Section 3. Safety Clause . The City of Wheat Ridge hereby finds , determines, and declares that th is ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health , safety , and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause , sentence , paragraph , or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction inval id , such judgment shall not affect application to other persons or circumstances . Section 5. Supersession Clause. If any provision , requirements or standard established by this Ordinance is found to conflict with similar provisions , requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance , the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication . INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 8th day of August, 2011 , 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 September 12, 2011 , at 7 :00 o'clock p.m ., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado . 2 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 1 ih day of September, 2011 . SIGNED by the Mayor on this ___ day of ________ , 2011 . ATTEST: Michael Snow , City Clerk 151 publication: 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio , Mayor Approved as to form by City Attorney Gerald Dahl , City Attorney 3 ~ 4 , ~" r City of _W"WheatRi_dge ITEM NO: 5. DATE: August 8, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 26-2011 AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16.8 (b), SETTING THE BALLOT TITLE AND GIVING NOTICE AND CALL OF AN ELECTION CONCERNING THE SAME D PUBLIC HEARING D BTDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: ~ ORDINANCES FOR l sr READING (08 /08/2011) 0 ORDINANCES FOR 2N° READING (08 /22/3011) D YES ~ NO City Manager The City Attorney's office recently advised that Charter Section 15.6 (a), which requires an election prior to the awarding of any franchise in the City, would be in violation of federal law as it relates to cable franchises. Specifically, the concern was that requiring an election prior to the awarding of a cable franchise might violate the federal cable act. Following a Council study session on the issue, the Council decided to initiate a Charter amendment pursuant to Chatter Section 16.8 (b). The proposed amendment to Charter Section 15.6 (a) does not conflict with federal law by specifically exempting cable franchises from the election requirement. PRIOR ACTION: The City Council considered this item at a study session and decided to initiate this Charter amendment pursuant to Charter Section 18.8 (b). Council Action Form August 8, 2011 Page2 FINANCIAL IMP ACT It eliminates the cost of an election prior to awarding a cable franchise. BACKGROUND: The following procedure applies now that the City Council has decided to initiate the Charter amendment: City Council has the authority to initiate a Charter amendment by ordinance. Charter Section 16.8(b); C.R.S. 31-2-210(1)(b). In order for the Charter amendment to appear on the November 1, 2011 ballot for the coordinated election, the Council must submit the ballot content by September 2 , 2011 at 3:00 p.m. See Intergovernmental Agreement between Jefferson County and the City of Wheat Ridge . The remaining regular meetings available for consideration of an ordinance submitting a proposed amendment to the voters on first and second readings are August 8 and August 22, respectively. The ordinance must set a ballot title (C.R.S. 31-2-210(l)(b)) and set out the proposed amendment in full. Charter Section 16.8 (b); C.R.S. 31-2-210 (l)(b). The proposed ordinance also sets the ballot question and directs the City Clerk to give notice of and call the election. A separate notice and call of the election on the amendment (containing the full text of the amendment) must be published within thirty days of adoption of the ordinance. Charter Section 16.8; C.R.S. 31-2-210 (4). RECOMMENDATIONS: Approve Council Bill No. 26-20 ll on first reading and set for second reading and public hearing. RECOMMENDED MOTION: "I move to approve Council Bill No. 26-2011 , an ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8 (b) setting the ballot title and giving notice and call of an election concerning the same, on first reading, order it published, public hearing set for Monday, August 22nd, 2011 at 7:00p.m. in City Council Chambers Or, "I move to postpone indefinitely Council Bill No. 26-2011 , an ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8 (b) setting the ballot title and giving notice and call of an election concerning the same, on first reading, order it published, public hearing s et for Monday, August 22nd , 2011 at 7:00p.m. in City Council Chambers for the following reason ( s) " Council Action Form August 8, 20 11 Page 3 REPORT PREPARED BY; Jerry Dahl, City Attorney ATTACHMENTS: 1. Ordinance No 26-2011 2. Form ofNotice and Call of Election (to be published and posted by the City Clerk not later than September 15, 2011) 3. Cable Franchise Application Process Memo, June 15, 2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 26 Ordinance No. ---- Series 2011 TITLE: AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16.8 (b), SETTING THE BALLOT TITLE AND GIVING NOTICE AND CALL OF AN ELECTION CONCERNING THE SAME WHEREAS, Section 16 .8 (b) of the City Charter ("Charter") of the City of Wheat Ridge ("City ") permits the City Council to initiate Charter amendments; and WHEREAS, the City Council wishes to place before the voters at the November 1, 2011 coordinated election a ballot question to amend Section 15.6 of the City Charter concerning the granting of cable franchises ; and WHEREAS, the Section 15.6 of the Charter requires that any grant of a franchise shall be approved by a vote of the majority of the registered electors voting thereon ; and WHEREAS, the current state of federal statutory and case law prohibits local jurisdictions from unreasonably refusing to grant a cable franchise ; and WHEREAS, the City Council has determined that requiring an election on the granting of a cable franchise may result in the unreasonable denial of a new cable franchise. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Text of Amendment. Pursuant to Charter Section 16 .8 (b ), the following proposed amendment to the Wheat Ridge Home Rule Charter is hereby submitted to the voters of the City for consideration at the coordinated election to be held Novembe r 1, 2011 . Amend Charter Section 15.6 (a) as follows : Sec. 15.6. Granting of franchises . (a) WITH THE EXCEP T ION OF CABLE FRANCHISES , Nno franchise shall be granted except upon approval by a majority of the registered electors voting thereon. Section 2. Ballot Title and Question. The ballot title and ballot question for the proposed Charter amendment shall read as follows : Ballot Title: AMENDING SECTION 15.6 (a) OF THE CITY OF WHEAT RIDGE HOME RULE CHARTER TO PROVIDE THAT NO ELECTION SHALL BE REQUIRED FOR THE GRANTING OF A CABLE FRANCHISE .. Ballot Question : SHALL SECTION 15 .6 (a) THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE , COLORADO , BE AMENDED TO PROVIDE THAT NO ELECTION SHALL BE REQUIRED FOR THE GRANTING OF CABLE FRANCHISES , THEREBY ENSURING COMPLIANCE WITH FEDERAL LAW? YES: NO: Section 3. Notice and Call of Election. Pursuant to Charter Section 16 .8 , the Council hereby directs the City Clerk to give notice of and call an election upon the proposed amendment. The election on the proposed amendment shall be coordinated with Jefferson County as part of the November 1, 2011 election . Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 8th day of August, 2011 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 22"d 2011 at 7 :00 p .m ., in the Council Chambers , 7500 West 291h Avenue , Wheat Ridge, Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this 22"d day of August, 2011 . SIGNED by the Mayor on this __ day of August, 2011 . ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl , City Attorney CITY OF WHEAT RIDGE, COLORADO NOTICE AND CALL OF ELECTION NOTICE AND CALL IS HEREBY GIVEN , pursuant to Wheat Ridge Charter Section 16.8 and C.R.S. § 31-10-501 of a regular municipal election for the purpose of: (1) electing municipal officers, and (2) an election upon one proposed amendments to the Wheat Ridge Charter, said election to be held on November 1, 2011 as a coordinated, mail ballot election as follows : • Date: November 1, 2011 • Ballot Box Open: 7 :00a.m . to 7:00p.m . • Qualifications of persons entitled to vote: 18 years of age , registered to vote , resident of the City for at least thirty days prior to the election . • Ballot Box Location(s): Officers to be elected: • Councilperson, District I Candidates : • Councilperson, District II Candidates : • Councilperson, District Ill Candidates : • Councilperson, District IV Candidates : Proposed Charter Amendment 1: Ballot Title AMENDING SECTION 15.6 (a) OF THE CITY OF WHEAT RIDGE HOME RULE CHARTER TO PROVIDE THAT NO ELECTION SHALL BE REQUIRED FOR THE GRANTING OF A CABLE FRANCHISE. Ballot Question SHALL SECTION 15.6 (a) THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE , COLORADO , BE AMENDED TO PROVIDE THAT NO ELECTION SHALL BE REQUIRED FOR THE GRANTING OF CABLE FRANCHISES , THEREBY ENSURING COMPLIANCE WITH FEDERAL LAW? YES: NO : Full text of Charter Amendment Amend Charter Section 15.6(a) as follows : Sec. 15.6. Granting of franchises. (a) WITH THE EXCEPTION OF CABLE FRANCHISES , Nno franchise shall be granted except upon approval by a majority of the registered electors voting thereon . Given this ___ day of ___ , 2011 . Office of the City Clerk By: Michael Snow , City Clerk Posted at the Wheat Ridge Municipa l Building : __ , 2011 Published in Wheat Ridge T ranscript: _____ , 2011 Mailed to the Jefferson County Clerk & Recorder: _____ , 2011 MURRAY DA~L KUii&:C~Ii&:NMii&:ll5Tii&:R Rli&:NAUD LLP TO : Mayor & Council FROM: Gerald E. Dahl, City Attorney DATE: June 15, 2011 RE: Cable Franchise Application Process The purpose of this memorandum is to advise you of my op1mon concerning the enforceability of Wheat Ridge Home Rule Charter Section 15 .6(a) to new or renewed cable franchises which might be granted by the City pursuant to the City's cable franchise application , review and evaluation process at Code Section 23-1 et seq . This matter is pertinent because the current Comcast franchise expires on April 1, 2013, and the negotiation process for renewal will commence soon . Wheat R idge Charter Section 15.6 provides as follows: (a) No franchise shall be granted except upon approval by a majority of the registered electors voting thereon . (b) The Council shall establish by ordinance the terms , fees , compensation , conditions, and any other matters related to the granting of franchises . As Council may be aware , the cable franchise application review and evaluation process adopted by the Council in 2007 does not include a requirement that a new franchise be approved by the registered electors as provided by Charter Section 15 .6(a). In consultation with the City's special counsel, Kenneth Fellman , I have concluded that it is likely that the Charter 15.6(a) election requirement is preempted by federal law. In particular, the federal cable act provides that local jurisdictions may not "unreasonably refuse" to grant new franchises . In the only reported Federal District Court case in Colorado on this particular point, the Court held that a similar charter provision in Boulder was preempted . While this decision is not binding upon the City of Wheat Ridge, it is my opinion and that of Mr. Fellman that it is likely the Federal District Court would reach the same conclusion were Wheat Ridge to attempt to impose an election requirement upon the granting of a new or renewed cable franchise . This is further supported by a Federal Communications Commission order which specifically critici zed the City of Colorado Springs for imposing an election as a precondition to the granting of a cable franchise in that jurisdiction . The purpose of this memorandum is to allow you to consider whether you wish to apply the Charter election requirement to new cable franchise applications and renewals, despite the potential for federal law preemption . Council options are: 1. Do not require an election on the franchise renewal , relying on the likelihood of federal preemption of the Charter requirement. I recommend this option . 2. Require an election which may well trigger a legal challenge from any potential franchisee , or 3. Place a ballot question on the November 2011 ballot to repeal Charter Section 15 .6(a). I will be happy to answer any questions you might have before or during the Council study session on June 20 . , • ~ ~.. City of _?'WheatRi_dge ITEMNO:~ DATE: August 8 , 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 27-2011-AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: /-ry-7 / // ~~ .. City Attorney ISSUE: [gj ORDINANCES FOR 1ST READING (08/08/2011) 0 ORDINANCES FOR 2ND READING (08/22/2011) D YES City Manager Ordinance adopting procedures for annexation and deannexation o f real propetty. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The Wheat Ridge Code of Laws does not currently specifY procedures for annexation of property to or deannexation of property from the City. The proposed ordinance incorporates state statutory procedures and requires Council approval by ordinance for any deannexation. RECOMMENDATIONS: Staff recommends adoption of the ordinance. V:\Fo rms \C AFtemplate Council Action Form August 8, 2011 Page 2 RECOMMENDED MOTION: "I move to approve Council Bill No. 27-2011 , an ordinance amending the Wheat Ridge Code of Laws concerning annexation of real property to the City, on first reading, order it published , public hearing set for Monday , August 22, 2011 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "I move to table indefinitely Cotincil Bill No. 27-2011 , an ordinance amending the Wheat Ridge Code of Laws concerning annexation of real property to the City. REPORT PREPARED BY: Gerald Dahl , City Attorney ATTACHMENTS: 1. Ordinance No. 27-2011 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ _ Council Bill No. 27 Ordinance No. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY WHEREAS, the City of Wheat Ridge is a home rule municipality operating under the constitution and laws of. the state of Colorado and a home rule charter adopted pursuant to the authority granted by Article XX of the Colorado Constitution ; and WHEREAS, the Wheat Ridge City Council (the "Council ") is empowered by the Wheat Ridge Home Rule Charter and the Colorado Constitution to adopt ordinances on matte rs of local concern ; and WHEREAS, the Council finds that it is necessary to specify the applicability of the Colorado Revised Statutes to annexation of property to the City . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amend ed by the addition of a new Article XII , entitled "Annexation ," to read in its entirety as follows : ARTICLE XII ANNEXATION Sec. 26-1201. Reserved. Sec. 26-1202. Annexation procedure. All annexations of real property to the city shall follow the requirements of Article 12 of Title 31 of the Colorado Rev ised Statutes , as amended. Sec. 26 -1202. Disconnection procedure. All requests for disconnection of real property from the city s hall follow the applicable requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended , provided , however, no such disconnection shall be initiated or completed unless and until the city council , acting in its sole and exclusive discretion , adopts an ordinance approving such disconnection . Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or claus e of this O rdinance 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 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 _ to _ on this __ day of , 2011, 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 , 2011 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 , 2011. SIGNED by the Mayor on this __ day of _____ , 2011. ATIEST: Michael Snow, City Clerk First Publication : Second Publication : Wheat Ridge Transcript Effective Date: Jerry DiTullio , Mayor Approved as to Form Gerald E. Dahl , City Attorney ~ ·'" . City of JP'WheatR_Ldge ITEM NO: '1. DATE : August 08 , 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 22-2011 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 1, 2011 D PUBLIC HEARING D BIDS/MOTIONS [gj RESOLUTIONS D ORDINANCES FOR I ST READING (mm/dd/yyyy) 0 ORDINANCES FOR 2ND READING (mm/ddlyyyy) QUASI-JUDICIAL: D YES Michael Snow, City Clerk ISSUE : T he City of Wheat Ridge will participate in a coordinated election on November 1, 2011. The attached Resolution and Intergovernmental Agreement must be executed prior to the election. The document s refer to the respective dutie s of the County and the City of Wheat Ridge regarding the administration of their duties concerning the conduct of the Coordinated E lection. The duties of the County Clerk include, but are not limited to ballot preparation, voter li sts , staff se lection and training, providing election supplies, counting ballots, and certification of results. The duties of the City of Wheat Ridge include , but are not limited to Call and Notice and ballot preparation. The C ity C lerk shall act as the City of Wheat Ridge 's "Election Officer" and the de signated election official. He shaH act as the primary liai son between the Ci ty of Wheat Ridge and the contact officer for the County Clerk and Recorder. V :\Forms\CAFte mplate Council Action Form August 08 , 2011 Page2 FINANCIAL IMPACT: The City of Wheat Ridge shall pay its pro-rated share of election costs for all election services, including, without limitation, staff time (regular and overtime), equipment, forms , materials and supply costs. In addition, the City shall pay its share of pro-rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the election at each employee's pay rate or, if such costs do not exceed $1 ,000, then $1 ,000, whichever is greater. The City's pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached to, and incorporated into this Agreement. BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law . RECOMMENDATIONS: The County Clerk and the City Clerk, of the City of Wheat Ridge, have determined that it is in the best interests of Jefferson County, the City and their respective inhabitants to cooperate and contract concerning the election upon the terms and conditions in the Intergovernmental Agreement. RECOMMENDED MOTION: "I move to approve Resolution No. 22-2011 , authorizing an Intergovernmental Agreement with the County of Jefferson regarding the administration of the respective duties concerning the conduct of the coordinated election to be held on November 1, 2011. Or, "I move postpone indefinitely Resolution No. 22-2011, authorizing an Intergovernmental Agreement with the County of Jefferson regarding the administration of the respective duties concerning the conduct of the coordinated election to be held on November 1, 2011 for the following reason(s) " REPORT PREPARED BY: Michael Snow ATTACHMENTS: 1. Resolution No . 22-2011 2. Intergovernmental Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 SERIES of 2011 TITLE: RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 1, 2011 WHEREAS, pursuant to Section 1-7-116(2), C .R.S ., as amended , the Jefferson County Clerk ("County Clerk") and the City of Wheat Ridge ("City ") shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 1, 2011 ("Election "): and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the "City Clerk") are authorized to conduct elections as provided by law ; and WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot election" as such term is defined in the Uniform Election Code of 1992 , C .R.S. Title 1, as amended ("Code ") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State , as amended ("Rules"); and WHEREAS, the City has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election ; and WHEREAS, the County Clerk and the City have determined that it is in the County's and City's best interests to cooperate in connection with the Election upon the terms and conditions contained in the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge : Section 1. The appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the County's and City's respective duties concerning the conduct of the coordinated election to be held on November 1, 2011 ("IGA"), attached hereto as Exhibit A. Section 2. For the purposes of the November 1, 2011 election and to carry out the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code of 1992. DONE AND RESOLVED on this 81h day of August, 2011 . Jerry D iTullio , Mayor ATTEST: Michael Snow, City Clerk EXHIBIT A Intergovernmental Agreement dated August 8, 2011 INTERGOVERNI\IENTAL AGREE~IENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is maJe and e nt e red int o thi s 8th day of Augus t , 20 II , by and be tween the CLERK AND RECORDER FOR TilE COUNTY OF JEFFERSON , STATE OF COLORADO ("County C l.e rk") a nd th e City of Wh e at Ridge ("Jurisdi c ti on"), co ll ccti ve ly referred to as th e "Parti es." WITNESSETH WHEREAS , pursua nt to C.R.S. § 1-7-11 6(2), as amended, the County Clerk a nd the Juri sdi c ti on s hall ente r into an agreement fo r th e ad mini s tration of their respec ti ve duties concerning th e co ndu c t of th e coordinated e lec ti o n to be he ld o n ove mb e r I , 20 11 ("Election"); and WHEREAS, the County C le rk anti th e Juri s di ct ion a re authorized to condu ct elections as provided by law; and WHEREAS , the County C le rk w ill co ndu c t th e Elect ion as a "coordinated mail ba ll o t e lecti o n" a s s uch tennis defined in th e Unifom1 Election Code of 1992, Tit le I, C.R.S., as amended ("Code") and the C urrent Rul es and Reg ulati o ns Govemjng Elec ti o n Procedures adopted by the Secretmy o f State, as amended ("Rules"); and WHEREAS, tbe Juri sdi c ti on ha s cert ain candidates, ballot iss ues and /o r ballot qu es ti o ns to present to it s eligible e lectors a nd s hall participate in thi s coo rdin a ted electi o n; anti WHEREAS, the County C lerk and th e Juri sd ic ti on ha ve determined that it is in th e best int erests of J e fferson County, th e Juri sdi ctio n and their respective inhab ita nt s to coopera te and co ntra c t conce rning the E lec ti on upon th e te rm s and co nditi ons contained herei n. NOW, THEREFORE, for and in co ns id e rati on of the pro mi ses he rein co ntained, the s uffici e ncy of which is hereby acknowledged, th e Parti es he reto agree as fo ll ows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose o f thi s Agreement is to set forth th e ta sks to be compl e ted by th e County C lerk and the Juri s di ctio n to co ndu c t th e E le c ti o n a nd to pro-rate the cost th ereof. l.02 Coordinated Election Official. The Co unty Clerk s hall ac t as the Coordinated Election Official in accorda nce with the Code and Rul es a nd as s uc h shall condu c t the Election for the Juri sdi c ti o n for all matters in the Code and the Rules w hi ch require ac ti on by th e Coordinated E l ec ti on Official. M \A TIORNEY\OFFICIALICLK&RCRD\11-Eiections\MUNI_11 .doc The Co unty C le rk d esig nates Joshua B . Liss as th e "Contact Offi cer" to act as th e prima ry liai so n be tween the C o unt y Cl e rk and th e Juri s di c ti o n . Th e Contact O ffi cer s ha ll a c t und e r th e autho ri ty o f the C ounty C le rk a n d s ha ll have th e prima ry res p o n s ibility fo r the coordination of th e E lecti o n w ith th e Juris dictio n and comple ti on o f procedures ass ig n ed to th e County Cle rk he re und e r. N o thing h e re in s h a ll b e d eeme d o r co ns tru ed to re li eve th e County C lerk o r the Juri s dic tion from th eir offic ia l respo n s ibiliti es fo r th e conduc t o f th e E lecti o n . 1.03 Designated Election Official. The Jurisd ic ti o n des ig na tes Michael D . Snow a s its "El ection Officer" to a c t as prima ry lia iso n be tween th e .Juri s di c ti o n and Cont act Office r. The Election Offic er s hall h ave prima ry resp o ns ibility fo r th e El ectio n procedures to b e ha ndl ed by the Juris di c ti on . Except a s o th e r w ise prov ide d in thi s J\g reem e nt , th e El ecti on Officer s hall act a s the "D esi g nate d E lecti o n Offi c ial " fo r a ll ma tte rs unde r th e Code and th e Rules w hi c h re quire a c ti o n by the Des ignated Electi o n Offic ia l. Fro m th e d a te of the las t pa rt y 's executi o n o f Lhi s A g reem e nt throug h c anvass o f th e Juri s di c ti o n 's e lecti o n fo ll owing th e El ection, the E lectio n Officer s hall be readil y avail a bl e a nd access ibl e dtning regulnr bus iness ho urs, and at o th e r tim es w he n no tifi ed b y C o ntac t Officer in ad va nce, fo r th e purposes o f cons ultatio n and d ec is io n -ma king o n be half o f the .Juri s di c ti o n. In a dditi o n , th e E lecti o n Orticer is respons ibl e for receiv ing and tim e ly res p o nding to inquiries made by th e ir vo t e rs o r o th e rs inte reste d in th e Juri s di c ti o n·s e lecti o n. 1.04 Jurisdictional Limitation . The Juris di c ti o n enc ompasses te rrito ry w ithin J e ffe rson C o unty. This A g reem e nt s hall be con s tnr e d to a pply o nl y t o th a t p o rti o n of the .Juri s di c ti o n w ithin Je ffe rs on C ounty. 1.05 Term . The te nn of thi s Agre eme nt s h a ll b e fro m th e d a te of th e last pmiy's executi o n until December 3 1,2011 a nd s ha ll a pply o nl y to th e Novembe r I , 20 11 e lectio n . ARTICLE fl DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. T h e C o unty C lerk s ha ll p e r-fo rm the fo ll ow in g duties fo r the Elec tio n for th e Juris dic ti o n: A. Voter Registration . I . S upe rv ise, a dmini s te r and provid e th e n cccssmy fac iliti es a nd fo m1 s fo r a ll re gular vo te r regis tratio n s ites. 2 . No tify th e Juris di c ti o n o f the certified numbe r o f reg is te re d e lectors res iding w ithin the Jutis diction a s o f th e close o f the regis tra tion book s o n th e twen ty - ninth (29th) day prior to the Electio n. B. Ballot Preparation. M:IA TIORNEY\O FFICIAL\CLK&RCRD\11·Eiections\MUN I_ 11 .doc 2 I . L ayo ut the tex t o f the ballo t in a fo rmat tha t co mplies w ith the Cod e an d the Rul es. 2. Prov id e ba ll o t printing la youts and tex t fo r proo fr eading a nd s ig nature app rova l by th e Juri s di c ti o n . 3. Certi fy th e ba ll o t co nte nt to th e pri nt e r(s). 4 . C ontract for ma il e d ballo t p a cke ts w ith a vendo r accepta ble to the C o unty Cle rk and re mit pay m e nt direc tl y to the vend o r. C. Voter· Lists. I . Up on re quest o f tb e Juri s di c ti o n, c re ate a li s t o f th e regi s te re d vo te rs c onta inin g th e na mes a nd addresses o f e a c h e lec to r regis te re d to vote in th e Juri s di c ti o n . The Juris di c ti o n s hall pay the County C le rk fo r th e cos t of s uc h li s t at th e County C le rk 's s tamlard rate. 2. U p o n reques t o f the Juris dic tion, c ertify the reg is tra ti o n li s t to th e d esign a te d re prescntati ve(s ) of th e Juri s dic ti o n . D. Staff. A ppo int a nd train a s ulTi c ie nt numbe r o f qualifie d s taff to ade qu a te ly serve th e numbe r o f e lec to rs reg is ter e d to vote a t th e coordinated e lecti o n. The JUJi s cli c tion s hall pay a p e rcenta ge o f th e to tal cos t for th e s ta ff (co st will be determine d hy using t otal h o u rs H·orked by s tr!fffrom the r egis tration Cll t-o.fr date a.{ O c t ober 3 , 201 I thro 11g h e l ecti o n d ay, NO\'em ber 1, 2 01 1). Su c h pe rcentage s hall b e d e te rmin ed by di v iding th e numbe r o f v o te rs i_n th e Juris di c ti o n by th e tota l number o f vote rs in th e Co unty (based 11p o n th e tow ln11m ber of register ed m t e r s at t h e Cll t-off d a te). E . Mail Ballots. Mail th e ballo t pac ke ts as re quire d by th e Cod e a nd th e Rules . F. Absentee Voting. I. Co nduc t absentee a nd e me r gency votin g in th e County C lerk's o ffi ce fo r th e Juris di c tion as re quire d by th e Cod e . 2. O bta in and provide a ll ba ll o ts a nd s uppli es necessary fo r a bsentee and e me rgency vo ting and re pl acem e nt ba llots . G. Election Supplies. Pro v ide all n ecessary equipme nt , fo rms a nd s uppli es to co nduc t !he Electi o n, inc ludrng the CoW1t y's e lectro ni c vote counting equipm e nt. The Juri s diction is t o be c harged th e pro-rat e d cos ts (a s d e fin e d in Arti c l e IV) o f a ny co mpute r programs w hi c h w ill c ount th e vot ed ballo ts as we ll as pre-election preventi ve m a inte nance a nd on-site technic al p e rso nn e l o n E lecti o n ni g ht. M:IA TIORNEY\OFFICIALICLK&RCRD\ 11·Eiections\MUNI _11 .doc 3 H. Election Day Preparation. I. Prepare a test deck for the pre-election lo gic and accuracy test to be conduc ted prior to th e counting of ballots in acco rdance w ith C.R.S. ~ 1-7-509(2) and th e Rules. ..._.. 2. Provide n ecessa ry e lectro ni c vote tabul a tin g eq uipment (computer), personnel properly tra in ed in e lectron ic tabula tin g equipment, racility and equ ipme nt and to arrange for compute r running time as necessa1y for the pre-e lec ti on logic and nccuracy test and for E lecti o n day. I. Voted Ballot Deposit I . Pro vide a ballot box and seal wi thin th e JLui sd iction's primary business loca ti on f o r the use by a ll county voters. 2. Provide daily business-day pi c k-up of th e sea led b a ll o t box conta ining voted ballots from all ass igned loca ti o ns, and provide a replacement empty ballot box and sea l. J. Election Day Activities. 1. Prov id e Election day te lep hone and in person s upport fi·om 6:00 a .m . to the conclusio n of the count o n E lect io n ni g ht. 2. In spect vo ted ballots, count th e ballots and fi.1mi s h th e Juri sd iction w ith unoffic ia l results of th e Election. K. Counting the Ballots. I . Conduct and over see the process of co unting th e ballots and reporting the r esults by Jurisd ic ti o n. 2. Estab li s h backup procedures and backup s ites for the counting of the E lec tion s ho uld th e countin g equipme nt fail during the count. Sh ould the eq uipme nt fail , a nd it is d e tennin ed tha t the cow1 ting procedures wi ll not be recovered within a rea son ab le period of time, the co unting procedures w ill be mo ved to a predetcnnined and pretested s ite for the duration of th e Election cou nting procedures. . 3. Prov id e pe rsonn e l to participate in th e ballot counting procedures as accomplished by any electronic vote tabulating equipment u sed in the Election. The Juri sd ictio n personnel s hall participate w ith personnel from th e County C lerk's Office to ensure Juri sdictio n participation in each of the e lectro nic vo te tab ulatin g procedures that s hall be used. L. Certification of Results . M \A TIORNEY\OFFICIALICLK&RCRD\1 1-Eiections\MUNI_11 doc 4 l . Appo int, instruct and otherw ise oversee th e board o f ca nvassers. 2. Certi fy the results o f the Juri sd iction's Electi o n within th e time re quire d by law a nd forthwith provide th e Juri s di c ti on w ith a co p y of a ll E lecti o n s tatements a n d certilicates w hi c h are to be c rea ted und e r th e Code. .., J. In the event a reco unt is necessary, co nduct a recount in acco rd a nce wi th th e la w. 4 . Conduct th e post-e lecti on a udit o f vo tin g equipme nt a nd vote- counting e quipme nt, in acco rd ance w ith C.R.S. §1-7-509 and the Rules. M. Storage and Records . I . S to re al l e lecti o n records as required b y law. Store a ll vo ted and un vo te d b a ll o ts fo r that tim e re quired by the C o de, s to re vo te r affidav i ts of e lectors w ho cast ballots in th e Election for a minimum of twenty-five (25) month s in s uc h a ma nn e r that they may be accessed by the Juris diction , if nec essa ry, to reso lve any cha ll e nge o r o th e r lega l ques ti o ns that mi g ht a 1i se rega rding th e Election. ? Capture th e vo te hi s to ry for th e County E l ect io n Department's vote hi s to ry fil e by Co unty precinct. No thing co ntain e d in tbj s Ag reement is inte nde d to ex p a nd th e duties o f the Coun ty Clerk beyond th ose duti es set fo rth in th e Code or th e Rules . 3.01 lo r th e Electi o n: ARTICLE Ill DUTIES OF JURISDICTION Jurisdiction Duties. The Juri sdi c ti o n shall perfom1 the to llowing duties A. Authority. Pro v id e the County C l e rk w ith a copy of the ordinance o r reso luti o n s ta ting that th e Juri s di c ti o n has adopted the Cod e and that th e Juri s dic ti o n w ill partic ip a te in th e coord inated E lectio n in nccord an ce w ith th e term s and co nditio ns of thi s Agreem e nt. The o rdinance or re solution s h a ll further a uth o ri ze th e presiding o ffi cer of th e Juti sdiction o r o th e r des ig nated person to execute this Agreement. B. Call and Notice. Publish a ll n o ti ces re lative to th e E lection a s require d by the Code, th e Rules, the Juris dic tio n's C h a rte r a nd any o th e r s tatute, rule or regulation. C. Voting Jurisdiction. Furnish th e County C lerk w ith maps or other legal desc riptions of each prec inct, ward and/o r vo ting juris diction no la te r th a n A ug u s t 23, 20 1 I. M:IA TIORNEY\OFFICIA L\CLK&RCRDI 11·Eiections\MU NI 11 .doc 5 D. Petition s, Preparation and Verification . Pe r fo rm a ll respo ns i bilities req u ir ed to certi fy a n y ca ndida t e a nd /or initia ti ve p e titi on(s) to th e ba ll ot. E. Ballot Preparation. l. S ubmit a cop y o f th e li s t o f Candida tes, Ba ll o t Issues a nd/o r Ba ll o t Q uesti o ns a nd t h e lili es a nd s umma ri es o f each Ba ll o t Issu e o r Ba ll o t Q ues ti on to th e County C le rk in co mpute r e m a il , C D o r di s k e tte fo rmat exactl y as the li s t is to be p r inted o n th e ba llo t pages n o la te r than Septe mbe r 2, 20 II a t 3:00 p .m . 2 . P roo f th e layout a nd tex t of the offi c ia l ba ll o t b efo re au tho ri z in g the printin g o f th e ba ll o t by s ig na ture approval to th e Co unty C le rk . F. Election Day Preparation . The Juri s dic ti o n s ha ll b e respon s ibl e fo r prov iding a minimum o f o ne (I) pe rson to re present th e Juri s di c ti o n a t th e pre-elec ti o n log ic a nd acc uracy tes t co nduc te d purs ua nt to C.R .S. ~ 1-7-509(2) a nd Ru le 11 .5; a nd a minimum o f o n e (I ) p e rson to re present th e Juri sdi c ti on o n th e Ca n vass B oa rd, w hi c h s ha ll b e esta bli s h e d as prov id e d in C.R .S. ~~ 1-10-202 thro ug h 1-10 -205 . The na m e o f th e re presenta ti ve s ha ll be s u b mitted to the Contac t Officer o n o r be fo r e O c to be r 17, 20 II , th e 151h d ay prio r to th e e lecti o n .·' G. Voted Ballot Deposit. I . Provid e a p ro mine nt loca ti o n fo r a seale d ba ll o t box in w hi c h all county vot er s m ay d e posit th e ir vo ted ball o t. [The ballot box must be available to voters from 7:00a.m. to 7:00 p.m . on Election Day.! 2. Prov id e constant s uperv is io n duting bus iness ho urs for th e ball o t box a nd assure tha t the b a ll ot box is at no time le ft un a ttende d . 3. P rov id e a secure , lock e d s to rage loca ti o n fo r the ballo t box during a ll no n -bu s in ess h ours. 4 . T he Juris di c ti on is respons ibl e for th e secure d e li very o f the re ma ining seal e d ba ll o t box to th e Co unty C le rk imm ediate ly a ft e r th e p o ll s c lose o n E lection Day . H . C ounting the Ballots. Partic ip a te in each o f th e e lectro ni c vo te ta bulating proced ures th a t s ha ll be used . 3.02 Cancellation of Election by the Jurisdiction. In th e event that th e .Juri s dic ti o n resol ves n o t to ho ld th e E lecti o n , th e n n o ti ce o f s u c h r esolutio n s h a ll b e provid e d to th e County C le rk imme diate ly. The Juri s di c ti o n s ha ll w itllin thirty (30) days pro mptly pay the Co unty C lerk th e full ac tu a l costs o f the acti v iti es o f th e Co unty C le rk re la ting to th e E lec ti o n in c urred bo th b e fo re and afte r th e County C le rk's receipt o f s uc h no ti ce. The Juri s dic ti o n s h a ll p rov id e n o ti ce by pu b li cat io n (as d c fm ed in th e Cod e) o f the cancell a ti o n o f th e Elec ti o n a nd a M:IA TIORNEYIOFF ICIAL\CLK&RCRDI11 -Eiections\MUNI _11 .doc 6 cop y of tb e no ti ce s hall b e pos ted in th e Office of t he County Clerk, in th e o ffi ce o f the D esign a te d El ec ti o n O ffi c ia l (as d e fin ed in th e Code), a t th e prim ary b uildin g of th e Juri s di c ti o n , and, if th e Juri sdi c ti o n is a spec ial di s tri c t , in th e o ffi ce o f th e d iv is io n of loca l govenu11 c nt. T h e Juri sd ictio n s hall n o t ca ncel th e E lection after the 25th day prior to t he E lect ion. ARTICLE IV C OSTS 4.0 I Election Costs. T h e Juris di c t ion s hall pa y t he pro -ra ted cos t s (defined below) fo r a ll serv ices, e quipme nt, fo rms and s upplies provided by th e County C lerk purs uant to thi s Agreem e nt. rn add iti o n, the Jurisd ictio n s hall pa y th e pro-rated costs fo r a ll County e mployee overtim e and te mpo rary employee regul ar a n d overtim e so le ly re lated to the pre paration a nd co nduc t of th e Elec ti o n at each cmployee·s ra t e o r On e Tho usand D o ll ars ($1 ,000), w hi c hever is g r eat er. T b e Juri s di c ti o n ·s pro-rated costs s hall be cl e tcJminc cl in acco rda nce w i th tl1 e formul a set fo rth in Ex hibit A a tt ac hed hereto a nd in corpora t ed h erein b y thi s refere nce. 4.02 Invoice. The County s ha JI s ubmit to th e Juris dic ti on a n ite mi zed invoice fo r all ex penses inc urre d under this Agreement a nd th e Juri sd ic ti o n s h all re mit to th e County th e to ta l pa y m e nt upo n receipt o f su c h in vo ice. A n y amo unt n o t p a id w ithin s ixty (60) d ays after the da te of the invo ice w ill be s ubjec t to late inte rest at th e lesser o f th e rate o f I Y2% p e r mo nth o r th e hi g h es t rn te permitte d b y applicab le l aw. ARTICLE V MISCELLANEOUS 5.01 Notices. A n y a nd a ll not ices req uire d t o be g iven to the Parties by thi s A g reement a r c d eem e d to have been received a nd lo b e e ffecti ve: (I) three (3) cl ays after th e sa me s hall ha ve been m ai led by certifi e d m ai l, re turn receipt re ques ted ; (2) imme di a te ly u pon ha nd deli ve1y; or (3) immediate ly upo n receip t o f co nfirmati o n that a fa x was received ; to the a ddress o f th e Parties a s set forth below or t o s uc h Party or a ddresses as may be des ig n a ted h ereafter in wtiting. To Coun ty C le rk: Pnmc la Y. A nder son J effe rso n County C le rk and Reco rd e r J effe rs o n Co unty Govcmmc nt Cente r 100 J e fferson County Parkway Go ld en , Co lo rado 804 19 M:\A TIORNEYIOFFIC IALICLK&RCRDI 1 Hlections\MUN1 _11 doc 7 w ith a co py to: T o Ju r is di c ti o n : Jefferso n Co unty Atto rn ey J e ffe rson Co unty Governme nt Center 100 J e ffe rso n Coun ty Pa rk w a y Go ld e n, Co lo ra d o 804 19 Michael D. Snow Wheat Ridge City Clerk City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 5.02 Amendment. Thi s Ag ree me nt may be a me nd e d o nl y in w riting a nd fo ll ow in g th e sam e fo nna lity as th e exec uti o n o f thi s Agr eem e n t. 5.03 Integration . The Pa rti es a cknow led ge th a t thi s Ag reem e nt con s titutes th e sol e ag reeme nt b e t ween them re la tin g to th e s ubj ect m a tt e r he reof a nd th a t no P a r ty is r e ly ing upo n any o ral re presentation made b y ano the r Party o r e mpl oyee, agent o r o f fice r o f th a t Party. 5 .04 Indemnification. T o the extent pe rmitte d b y law, each pa rty a g r ees to ind e mnify, d e fe nd a nd ho ld ha rml ess th e o th e r pa rty, it s agent s, o ffi cers a nd e mployees fr o m a n y and all losses, cos ts (in c luding a tto rn ey's fees and co urt cos ts ), d e ma nd s or ac ti o n s arisi ng o ut o f o r re late d to a n y acti o n s, e rro rs o r o mi ss io n s re la tin g to th e duti es a nd respo ns ib iliti es o f th e ind e mnify ing pa rty in th e conduct of the E lec ti o n . 5.05 Conflict of Agreement with Law, Impairment. In th e eve nt th a t a n y provision in tlli s Agreem ent conflic ts w ith the Cod e, o the r s ta tute o r va lid pri o r resoluti on o r ordina nce dul y a d o pte d by the Juri s di c ti o n, thi s Agreem e nt s ha ll be m o difie d t o con fo rm to s u c h law o r reso luti o n. No s ub sequent reso luti o n o r o rdin a nce o f th e Juris di c tion s ha ll impa ir the ti g ht s o f th e Co unty C le rk o r th e Juris di c ti o n he re unde r w itho ut th e co nsent o f th e o the r p a rty to thi s A g reem e nt. 5.06 Time of Essence. Time i s o f th e essen ce o f thi s Agreeme nt. The time require me nt s o f th e Cod e a nd th e Rul es s ha ll a pply to compl e ti o n o f the task s re quire d by thi s A g ree m e nt. IN WITNESS WHEREOF, th e Pa rti es h e re to have s ig ne d thi s Ag reem e n t. M·IA TIORNEY\OFFICIALICLK&RCRD\ 11-Eiections\MUNI 11.doc 8 ATTEST: APPROVED AS TO FORM: Dav id Wund e rli c h Assistant County Att o rn ey ATTEST: M:IA TIORNEYIOFFICIALICLK&RCRDI 11-Eiecbons\MUNI 11.doc CLERK AND RECORDER FOR THE COUNTY OF .J EFFE RSON STATE OF COLORADO By ________________________ _ Pam e la Y. A nd e rson Date ------------------------- .J U RJ S D!CTlON : Mi c ha e l Snow By ______ ~~~~~---------- Namc/Titlc City Clerk Da te ------------------------- 9 HOW T O FIG U R E O UT T H E E LECTION C O ST FOR 1\N ENTITY I ) Each ball o t s ty le is co mprised o f diffe re nt combinatio n s o f e ntities o n th e b a ll o t. Fo r exa mpl e b a ll o t s ty le I mig ht be th e County and S ta te o nl y, ballo t s ty l e 2 mig ht be Coun ty , S ta te , and th e Juri s dic ti o n. 2) The to ta l numbe r of vo te rs in each ba ll ot s ty le is d e te rm in e d . The s e numbe rs can be a scertaine d b y mnning a compute r pro gr a m o nce th e ballot style info rma ti o n is e ntered into th e s y s te m. The n th e to ta l numbe r o f vo te rs fo r eac h e ntit y in a ballo t s tyl e is d e te rmined b y ta king th e to tal numbe r of vo ters in e a c h ba ll o t s ty le a nd di v iding it by th e numbe r of e ntiti es in th e ba llot s ty le. If, us ing th e expl a n a ti o n in numbe r I , b a llo t style 2 ha d 100 voters , th e n each e ntity wo uld h ave 33 vo te rs beca use three e ntiti es s hare th e ball o t s ty le. 3) T he to ta l numbe r of vo te rs a certain e ntit y is res po n s ibl e fo r in a ba ll o t s ty le is d iv id e d by th e to ta l numbe r o f regis te r ed vo te rs. T h e dec im a l po int mu s t be m oved over two places to the ri g ht. This w ill d e te rmine th e pe rcentage th a t th e e ntity is respo ns ibl e fo r in that b a ll o t s ty le. 4 ) A ft e r a ll ballo t s ty les a re co mple te d , a running tall y o f th e pe rcentage numbe r s i s d o n e lo r each e ntity to gel th e g r a nd to ta l o f pe rcentage. Fo r exampl e, if th e .I uri s di c ti o n 's p e rcentage numbe rs in th e ba ll o t s ty les were .6%, .25%, a nd 3.5% th e gra nd tota l o f re s p o ns ibility would be 4 .125%. 5 ) Tha t p e rcentage g rand to tal is u sed to find o ut how mu c h th e e ntit y owes fo r th e e lecti o n . If th e Juri sd ic ti o n 's p e rcentage is 4 .125% and th e to ta l cost o f th e e lection is $200 ,000 , th e n the Juri s di c ti o n wo uld owe $8250.0 0 . The d ecima l po int mu s t be m oved back two pl aces to the le ft to m a ke i t w ho le d o ll a rs a nd no t pe rcent. T he re is a $l 000 tninimum so n o e ntity wo uld be c harged l ess th a n th a t. All numbe rs u sed in the a bove expla na ti o n are fo r exa mpl e and di scussio n purpo ses o nl y and a re no t to b e assum e d th e a mount owed o r the estima ted amount owed in a n e lecti o n . M·\A TIORNEYIO FFI CIALICLK&RCRDI 11-Ei ections\MUNI 11 doc Exhibit A Page 1 of2 10 STYLE NUMBER NUMBER OF VOTERS TOTAL (YEAR) (ELECTION TITLE) (ENTITY'S) DIVIDE BY TOTAL DIVIDE BY THE VOTERS TOTAL NUMBER PER NUMBER OF ENTITY OF ENTITIES BALLOTS ISSUED IN JEFFCO (000 ,000) TOTAL PERCENTAGE FOR (ENTITY) M:IA TIORNEY\OFFICIAL\CLK&RCRD\11 -Eiections\MUNI 11.doc PERCENTAGE PER ENTITY Exhibit A Pa!!e 2 of 2 ll '-A .f .~ • " City of • JP'" Wheat Rt__dge ITEMNO:i DATE: August 8 , 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 23-2011 - A RESOLUTION AMENDING THE FISCAL YEAR 2011 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,850 FOR THE RENEWAL OF THE WRTV8 SCHEDULING SOFTWARE D PUBLIC HEARING D BIDS /MOTIONS (g] RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES irector The City uses a software program provided by D. Co . Marketing, Inc., to schedule the programming on WRTV8. The City's contract with D. Co. Marketing, Inc. runs from September 1, 2011 to August 31, 2012. In order to continue to provide scheduling capability, staff is requesting approval of a supplemental budget appropriation in the amount of $1 ,850. The supplemental budget appropriation consists of transferring a total of $1 ,850 in Public Education Government (PEG) Fee revenues from the General Fund. PRIOR ACTION: City Council approves funding for the license renewal of the scheduling software for WRTV8 annually. FINANCIAL IMPACT: The requested amount of the supplemental budget appropriation is $1,850 for the renewal of the WRTV8 scheduling software. Council Action Form August 8, 2011 Page2 BACKGROUND: Per the City 's franchise agreement with Comcast, PEG fee revenues may only be utilized to support equipment, software and maintenance associated with the operation of WTV8. PEG fee revenues cannot be co-mingled with other General Fund revenues and the purpose of the funding is solely to support WRTV8 operations (not to include staff salaries or the purchase of programming). Additionally, staff tracks the balance of PEG fee funding. The current balance of available PEG fee funds is $202,233. This total includes the 2011 fust and second quarter PEG fee payments. PEG fee revenues have averaged approximately $42,000 per year. RECOMMENDATIONS: Staff recommends that City COtmcil approve the supplemental budget request. Funding for the software renewal is not budgeted in the General Operating budget since PEG fee funding can be utilized for this WRTV8 service. RECOMMENDED MOTION: "I move to approve Resolution No. 23-2011, a resolution amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amOtmt of $1,850 for the renewal of the WRTV8 scheduling software." Or, "l move to postpone indefinitely Resolution No. 23-2011, a re solution amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of$1 ,850 for the renewal of the WRTV8 scheduling software for the following reason(s) " REPORT PREPARED/REVIEWED BY: Nathan Mosley, Management Analyst Heather Geyer, Administrative Services Director ATTACHMENTS: I. Resolution No. 23-2011 2. D. Co. Marketing, Inc. Invoice for WRTV8 Scheduling Software Renewal CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23 Series of 2011 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2011 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1 ,850 FOR THE RENEWAL OF THE SCHEDULING SOFTWARE FOR THE WRTV8 WHEREAS, the City Council recognizes WRTV8 as an important communication tool in informing the community about City programming and services ; and WHEREAS, the use of PEG Fees can only be utilized for equipment, software and maintenance needed for operating Channel 8 ; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the renewal of the scheduling software for WRTV8. B . The City Council authorizes the transfer of $1 ,850 from the General Fund undesignated reserves to account 01 -111 -700-755 and amendment of the 2011 fiscal year budget accordingly. DONE AND RESOLVED this 8th day of August 2011 . Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk RECEIVED Invoice D.Co Marketing, Inc. 27665 Forbes Road Suite #6 2011 JUN 35 A 8: 2b CITY OF WHEAT RIDGE FINANCE Date Invoice # Laguna Niguel, CA 92677 Bill To City ofWheatridge 7500 W. 29th Avenue Attn: Accounts Payable Wheatridge, CO 80033 USA P.O. No. Terms TBA Upon Receipt Item Due Date ~~~ Description I) SML-ARF Show Maker Annual License. Covers from September I , 2011 to August 31,2012. Phone# Fax# Rep E-mail 6/28/20 It 16572 Ship To City ofWheatridge 7500 W. 29th Avenue Attn: Accounts Payable Wheatridge, CO 80033 USA Account# Ship Date 8/31/2011 Qty Rate I 1,850.00 t /t Ship-Via I. Internet -J Backordered Subtotal Sales Tax (0.0%) Total Payments/Credits Balance Due Web Site Project Amount 0 1,850.00 $1 ,850 .00 $0.00 $1 ,850.00 ' $0.00 .·$1 ,850.00 (949) 367-1700 (949) 367-1734 annemari e@d-co .com www.d-co.com