HomeMy WebLinkAboutCouncil Packet 08/22/20116:30 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August22,2011
7:00p.m.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF August 8, 2011
PROCLAMATIONS AND CEREMONIES
Pro Challenge Proclamation ··
September 11th Anniversary Proclamation
CALEA National Accreditation Presentation
CITIZENS' RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate P.UBLIC HEARING ROSTER before the item is called to be
heard.
APPROVALOFAGENDA
PUBLIC INPUT
1. Opportunity for Public Input on the Budget
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2 . 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.
CITY COUNCIL AGENDA: August 22, 2011 Page -2 -
DECISIONS, RESOLUTIONS, AND MOTIONS
~ Resolution 25-2011-amending the Fiscal Year 2011 General Fund Budget to reflect
the approval of a Supplemental Budget Appropriation in the amount of $15,000 for the
replacement of the Audio-Video Communications System in the Municipal Court.
4. Motion to approve payment of Murray Dahl Kuechenmeister & Renaud LLP July 2011
Invoices for Legal Services in the Amount of $17 ,836.63 .
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT to Study Session
-.-
CITY OF WHEAT RIDGE, COLORADO
August 8, 2011
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p .m . Council
Members present: Karen Adams, Karen Berry, Mike Stites , Davis Reinhart , Joseph
DeMott, Joyce Jay, Wanda Sang and Tracy Langworthy. Also present· City Clerk,
Michael Snow; City Manager, Patrick Goff; Administrative Services Director, Heather
Geyer; Parks and Recreation : Director, Joyce Manwaring; Chief of Police , Dan Brennan ;
City Attorney, Gerald Dahl; staff and interested citizens.
APPROVAL OF MINUTES OF July 25, 2011
Motion by Mr. Stites for approval of the Minutes of July 25 , 2011 ; seconded by Mr.
Reinhart; carried 7-0-1 with Mrs . Sang abstaining due to her absence .
PROCLAMATIONS AND CEREMONIES
42nd Annual Wheat Ridge Carnation Festival
Mrs. Wheat Ridge Karen Thaler, on behalf of Mayor DiTullio , read the
proclamation regarding the 42nd Annual Wheat Ridge Carnation Festival.
Senator Cheri Jahn was present on behalf of the Carnation Festival Committee.
Mayor DiTullio presented the committee with a donation of $12,500 from the City
of Wheat Ridge to support the event.
Traffic Safety Month
Mrs . Wheat Ridge Karen Thaler, on behalf of Mayor DiTullio, read the
proclamation regarding Traffic Safety Month . Chief Brennan spoke on-the
significance of traffic safety in our community and the educational and
enforcement programs beiog implemented by the Wheat Ridge Police
Department to minimize its-impacts .
CITIZENS' RIGHT TO SPEAK
Zachary Urban announced his intent to run for Council in District 2. He welcomed
citizens to contact him regarding his campaign. Information may be found on his
website, www.zachurban .org . Mr. Urban proposes a sales-tax holiday twice a year for
struggling families to help fund school supply expenses. He also proposes developing a
landlord school to teach rental owners how to properly manage their properties in the
City .
City Council Minutes August 8, 2011 Page 2
Claudia Worth spoke on behalf of the Wheat Ridge Historical Society and invited all
Council and citizens to attend the annual Wheat Ridge Heritage Days on Saturday,
August 13, 2011 from 1 Oam-4pm at the Baugh Homestead House, located at 44th &
Robb Street. The event this year will include live entertainment by the O'Brien Family
Band from 1-3pm and will showcase the complete restoration of the Baugh House.
Tom Slattery requested Council pledge the City's support again of the annual Election
Forum hosted by Wheat Ridge United Neighborhoods (WRUN) with the use of the
council chambers and videography services. The Forum will have a slightly different
format this year, rather than using a slate of secret questions revealed to candidates
only minutes before the forum . Instead, WRUN will solicit suggested questions for
candidates from the community at-large and openly publish the best of those to be used
in the Forum . Candidates will then randomly select from those questions on the night of
the forum.
Kim Calomino announced the next LiveLocal event and invited elected officials and
citizens to attend. The August event which takes place the second Thursday monthly,
will take place at Noodles & Co., 32nd Avenue and Youngfield Street from 6-9pm ,
Thursday, August 11, 2011.
PUBLIC INPUT ON THE BUDGET
Lloyd Levy spoke on behalf of Wheat Ridge 2020 and urged Council to continue to
fund the implementation of the Comprehensive Plan. He believes the budget should
continue to provide support of the organization's efforts to reach the City's revitalization
goals, specifically the 38th Avenue revitalization efforts and funding for its business loan
and grant programs as well as funding for capital improvements on 38th_
Kim Calomino believes the City's budget tells the story of its hopes and values in the
community. She would like to see that story shows Wheat Ridge is serious in
supporting the goals and vision outlined in the Comprehensive Plan and Neighborhood
Revitalization Strategy. She urged the Council to provide increased funding to WR2020
to support its programs that provide grants and loans for businesses and help cover the
administrative expenses to suppo_!t the organization 's efforts . ·
Motion by Mr. Stites to provide City support of the Wheat Ridge United Neighborhoods
Election Forum with use of the Council Chambers and videography services; seconded
by Mr. DeMott; carried 8-0.
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.
Mayor DiTullio opened the public hearing .
City Council Minutes August 8, 2011 Page 3
Council Bill 23-2011 was introduced on second reading by Mr. DeMott. City Clerk
Michael Snow assigned Ordinance No. 1490 .
No staff report was given.
No citizens were present to speak on the item.
Mayor DiTullio closed the public hearing.
Motion by Mr. DeMott to approve Council Bill 23-2011 (Ordinance 1490) on second
reading and that if take effect 15 days after final publication; second by Mrs.
Langworthy; carried 8-0.
3. Council Bill 24-2011 -concerning Appeals from Decisions of the Director of
Public Works.
Council Bill 24-2011 was introduced on second reading by Mr. Reinhart. City Clerk
Michael Snow assigned Ordinance No. 1497.
Motion by Mr. Reinhart to continue the hearing to September 12, 2011 at 7:00 pm;
seconded by Ms . Berry; carried 8-0.
ORDINANCES ON FIRST READING :
4. 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 25-2011 was read and introduced by Mr. Reinhart.
Motion by Mr. Reinhart to approve Council Bill No. 25-2011 on first reading, order it
published, public hearing set for Monday, September 12, 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 8-0.
5. 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 26-2011 was read and introduced by Mr. Stites.
Motion by Mr. Stites to approve Council Bill No. 26-2011 on first reading, order it
published, public hearing set for Monday, August 22, 2011 at 7:00p.m. in the City
Council Chambers; seconded by Mr. DeMott; carried 8-0.
City Council Minutes August 8, 2011 Page4
6. Council Bill 27-2011 -amending the Wheat Ridge Code of Laws concern ing
Annexation of Real Property to the City.
Council Bill 27-2011 was read and introduced by Mrs. Jay.
Motion by Mrs. Jay to approve Council Bill No. 27-2011 on first reading , order it
published, public hearing set for Monday, September 12, 2011 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication ; seconded by
Mr. Stites; carried 8-0.
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.
Resolution 22-2011 was introduced by Mr. DeMott. The Executive Summary was read
by Mr. Snow.
Motion by Mr. DeMott to approve Resolution 22-2011; seconded by Mrs. Adams; carried
8-0.
§. 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.
Resolution 23-2011 was introduced by Mr. DeMott.
Motion by Mr. DeMott to approve Resolution 23-2011 ; seconded by Mr. Stites; carried
8-0 .
CITY MANAGER'S MATTERS _
Mr. Goff announced that, as part of the City 's environmental sustainability efforts, audits
were conducted of the Active Adults Center and the Recreation Center. Funds for the
Active Adult Center audit were provided by a grant from the American Recovery and
Reinvestment Act (ARRA). Several upgrades have been recommended as a result of
this audit, for which staff will be recommending appropriations in the budget process for
2012 . The Recreation Center audit is also being provided for free. Group 14 will
perform the audit and is performing it for free as one of their first audits.
lhe Police Department has been awarded the coveted GALEA National Accreditation.
Fewer than 10% of Police Agencies in America have been awarded this accreditation.
City Council Minutes August 8, 2011 Page 5
The Recreation Center has a scheduled closure planned the week of August 22-26th_
Arrangements have been made with the City of Golden for Wheat Ridge patrons to use
their facilities during the closure.
ELECTED OFFICIALS' MATTERS
The 38th Avenue Revitalization community meeting will be held at the Recreation Center
on Tuesday, August gth at 6:30pm.
The Chili Cook-off will take place again as part of the upcoming Carnation Festival in
August. Restaurants are invited to participate by preparing two gallons of chili for the
event.
Information on the upcoming election and the candidates who are running for office may
be found on the City Clerk's webpage on the City of Wheat Ridge website.
Meeting adjourned at 7:50pm.
,M<~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON August 22, 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'WheatR!9ge
ITEMNO:~
DATE: August 22,2011
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 BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
City Attorney
ISSUE:
D ORDINANCES FOR 1ST READING (08/08/2011)
C8;) ORDINANCES FOR 2ND READING (08/22/3011)
D YES -C8;) NO
The City Attorney's office recently ~dvised 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 Charter
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 22 , 2011
Page 2
FINANCIAL IMPACT
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(1)(b)) and set out the proposed
amendment in full. Charter Section 16.8 (b); C.R.S. 31-2-210 (1)(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. 26-2011 on second reading and submit ballot language to
Jefferson County.
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 second reading, and that it will take effect immediately upon
adoption."
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 for the following reason (s)
"
REPORT PREPARED BY;
Council Action Form
August 22 , 2011
Page 3
Jerry Dahl, City Attorney
ATTACHMENTS:
1. Ordinance No 26-2011
2. Cable Franchise Application Process Memo, June 15, 2011
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
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, 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 W~eat Ridge Home Rule Charter is hereby submitted to
the voters of the City for consideration at the coordinated election to be held November
1,2011 .
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.
Attachment 1
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) OF 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 Cieri< 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 eharter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 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, 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 22nd day of August, 2011.
SIGNED by the Mayor on this __ day of August, 2011 .
ATTEST:
Michael Snow, City Clerk
First Publication: August 11, 2011
Second Publication :
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
MURRAY
DA!o-IL
Ku E:c H ~<:NME:ISTE:R
RENAUD 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 oprmon 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 Ridge Charter Section 15.6 pr_ovides 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 criticized
Attachment 2
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 o f •
?WheatRi__dge
ITEMNO:~
DATE: August 22,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 25-2011 - A RESOLUTION AMENDING
THE FISCAL YEAR 2011 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $15,000
FOR THE REPLACEMENT OF THE AUDIO-VIDEO
COMMUNICATION SYSTEM IN THE MUNICPAL COURT
D PUBLIC HEARING
D BIDS/MOTIONS
[8:1 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1 ST READING
0 ORDINANCES FOR 2ND READING
D YES
The current audio-video communication system located in the Courtroom has become unreliable
resulting in frequent inoperability and loss of Court time. Inoperability may also impact
prisoner detention days . The system is used multiple times per week to handle eligible prisoner
matters via audio-video conferencing between the Wheat Ridge Municipal Court or Edgewater
Municipal Court and Jefferson County Detention Facility. An audio-video communication
system has been in use for years and is an essential component of Court operations.
PRIOR ACTION:
In 1992, the initial audio-video communication system was installed via an intergovernmental
agreement with the City of Lakewood and the City of Arvada. The current audio-video
communication system was installed in 2007.
FINANCIAL IMPACT:
The requested amount of the supplemental budget appropriation is $15,000 for the hardware ,
installation, and training for a replacement audio-video communication system .
Council A ction Form
August 22 , 2011
Page 2
BACKGROUND:
The audio-video communication system is utilized when Court is in session to handle any
eligible prisoner matters via audio-video conferencing in lieu of transporting these prisoners
from the Jefferson County Detention Center to the Wheat Ridge Municipal Court. This
significantly reduces the liability issues associated with the transportation of prisoners. Handling
prisoner matters via audio-video conferencing is a more efficient use of Court time and reduces
safety concerns for the Court Staff and parties present for Court. There is a reduction in
transportation costs and Court Marshal staff time. Statistical data in 201 0 reflects the total
number of prisoner matters handled via audio-video conferencing was 267 , which is 76% of the
total prisoner matters handled for the full year. Without the use of an operable audio-video
communications system, the Municipal Court Marshals would conduct approximately 350
prisoner transports annually. The system is utilized by defendants who are unable to or choose
not to bond out of jail and the inoperative condition may contribute to unnecessary incarceration.
An IGA between the City of Wheat Ridge and the City of Edgewater was approved by City
Council in 2009 and authorizes the usage of the Wheat Ridge Municipal Court audio-video
communications system by Edgewater Municipal Court Staffto handle Edgewater Municipal
Court prisoners via audio-video conferencing on a weekly basis. The City receives revenue up to
$6000 annually from the City of Edgewater for audio-video communication system usage. The
rules of criminal procedure require a fully operational system and the current system is
frequently not meeting this standard.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget request.
RECOMMENDED MOTION:
"I move to approve Resolution No. 25-2011, a resolution amending the Fiscal Year 2011 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$15 ,000 for the replacement of the audio-video communication system in the Wheat Ridge
Municipal Court."
Or,
"I move to postpone indefinitely Resolution No. 25-2011 , a resolution amending the Fiscal Year
2011 General Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of$15 ,000 for the replacement of the audio-video communication system in the Wheat
Ridge Municipal Court for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Kersten Armstrong, Court Administrator
Christopher D. Randall , Presiding Judge
ATTACHMENTS:
1. Resolution No. 25-2011
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 25
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 $15,000 FOR THE REPLACEMENT OF THE
AUDIO-VIDEO COMMUNICATION SYSTEM IN THE WHEAT
RIDGE MUNICIPAL COURT
WHEREAS, the City Council recognizes utilization of an audio-video
communications system is important in the handling of prisoner matters in the Municipal
Court.
WHEREAS, the replacement of the audio-video communications system will
improve safety and meet criminal rule requirements.
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 replacement of the audio-video
communication system in the Municipal Court.
B. The City Council authorizes the transfer of $15,000 from the General Fund
undesignated reserves to account 01-117-800-809 and amendment of the
2011 fiscal year budget accordingly.
DONE AND RESOLVED this 22"d day of August 2011 .
Jerry DiTullio, Mayor
ATTEST:
Michael D. Snow, City Clerk
Attachment 1
"' City of JP'Wheat~dge
ITEM NO : ___:l_
DATE: August 22,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT OF MURRAY DAHL
KUECHENMEISTER & RENAUD LLP JULY 2011 INVOICES
FOR LEGAL SERVICES IN THE AMOUNT OF $17,836.63
D PUBLIC HEARING
rgj BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
City Attorney
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
D YES rgj NO
City Manager
Request to approve the July, 2011 invoices for legal services received from Murray Dahl
Kuechenmeister & Renaud LLP (MDKR). The MDKR services for the month of July exceed the
$15,000 limit on manager-approved expenditures; thus requiring Council approval.
FINANCIAL IMPACT:
MDKR is within the estimated budget for legal services as projected in the 2011 budget.
RECOMMENDATIONS:
Staff recommends approval of the invoices.
RECOMMENDED MOTION:
"I move to approve payment of the July 2011 invoices for legal services in the
amount of$17,836.63 payable to Murray Dahl Kuechenmeister & Renaud LLP."
Or,
V:\Forms\CAFtemplate
Council Action Form
August 22, 2011
Page2
"I move to table indefinitely the payment ofthe July 2011 invoices for legal services
in the amount of $17,836.63 payable to Murray Dahl Kuechenmeister & Renaud
LLP, for the following reason(s) "
REPORT PREPARED/REVIEWD BY:
Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. July 2011 MDKR Invoice
Murray Dahl Kuechenmeister & Renaud LLP
Attorneys at Law
1530 16th Street, Suite 200
Denver, CO 80202
Ph:303-493-6670 Fax:303-4 77-0965
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Attention: City Manager
Matter Description
53027 City Attorney: General
53027.19 Clear Creek Crossing
53027.2 Municipal Court
53027.3 Personnel & Litigation
Fees
$15 ,134.85
$1 ,870.00
$148 .50
$450.00
Totals: $17 ,603.35
Attachment 1
Disbs
$219.78
$13.50
$0.00
$0.00
$233.28
Jul31, 2011
Total
$15 ,354.63
$1 ,883.50
$148.50
$450.00
$17 ,836.63