HomeMy WebLinkAboutStudy Session Agenda 07-15-13STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
July 15, 2013
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.1. Staff Report(s)
2. Lease Agreement with Jefferson County for Purpose of Managing
Recreation Gold Panning
3. Ordinance amending the Wheat Ridge Municipal Code concerning the
Licensing of Dogs & Cats
4. Animal Welfare & Control Commission Discussion on Use of Meeting
Facilitator
5 . Jefferson County Regional Crime Laboratory-IGA
6. Sales and Use Tax Ballot Initiative Update
L Elected Official Report(s)
~·.(
... .... City of ~Wheat&_dge
__.YPARKS AND RECREATION
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Joyce Manwaring, Parks and Recreation Director
DATE: July 15 ,2013
SUBJECT: Lease Agreement with Jefferson County for the Purpose of Managing
Recreational Gold Panning
ISSUE:
There is an area ofland west ofi-70 and Youngfield St. at 41 st Avenue adjacent to Clear Creek
that is within the City of Wheat Ridge boundaries; this land is owned by Jefferson County. This
area is undeveloped and appears to be a continuation of open space, but is vacant land which is
included in the master plan area for the Clear Creek development project.
Because the land is neither County nor City of Wheat Ridge open space, the gold panning
activity that occurs in the creek is not managed. Due to the lack of management of this area,
equipment larger than what is considered recreational , as well as motorized equipment is being
used for dredging, and is causing damage to the creek bed and banks.
Recreational users of the site have been requesting for many years that rules be enforced in the
area for recreational gold panning only. These rules would not allow motorized equipment and
would limit the diameter of dredging hoses and locations for using the equipment, such as the
banks of the creek .
Jefferson County Open Space does allow gold panning in open space areas , specifically Clear
Creek located in the Clear Creek Canyon west of Golden. The City of Wheat Ridge does not
allow gold panning in Clear Creek within the Wheat Ridge Greenbelt.
The City has no authority to enforce its Park Rules and Regulations in this area on land that is
not owned by the City and is not designated as open space. The County does not manage this
area as open space and therefore, does not apply their gold panning rules to the area.
Users have been requesting clarification on whether gold panning is allowed in the area and if so ,
the development of rules to manage the type of gold panning allowed.
J efferson County has proposed to lease the area to the City of Wheat Ridge for the purpose of
managing and providing gold panning in the area.
Lease Agreement
July 15 ,2013
Page2
This lease will allow the City to create and enforce rules regarding motorized equipment, pipe
sizes , and locations for dredging. Leasing the land to the City will allow the Parks and
Recreation Department to develop rules to manage the gold panning and reduce the
environmental impacts to the creek banks .
PRIOR ACTION:
Jefferson County Administration staff, open space staff, and City of Wheat Ridge staffhave met
with stakeholders to reach a solution to this issue .
City Council accepted a trail corridor easement from the County through this area on March 14 ,
2011.
The City Attorney has reviewed and approved the lease as to form. Jefferson County
Commissioners approved the lease on June 2 5, 2013.
FINANCIAL IMPACT:
Financial impact will be approximately $500 for signage. Other indirect impacts will be staff
time to educate users and enforce rules. Maintenance impacts to this area will be minimal as the
City currently maintains the trail corridor in this area .
BACKGROUND:
Gold panning is an activity that has been occurring in this area of Clear Creek for more than 100
years. The area is historically referred to as the Arapahoe Bar. To access this area of the creek ,
users carry or trailer their equipment and walk in on the Clear Creek trail.
It is the intent of the County that this property remains in the master plan for the Clear Creek
Crossing development and all options for use of the property remain available .
ACTION:
Staffrecommends approval ofthis lease.
ATTACHMENTS:
1. Draft Resolution
2. Lease Agreement
2
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 00
Series of 2013
TITLE: A RESOLUTION APPROVING A LEASE AGREEMENT WITH
JEFFERSON COUNTY FOR THE PURPOSE OF MANAGING
CERTAIN REAL PROPERTY FOR RECREATIONAL GOLD
PANNING
WHEREAS, Jefferson County is the owner of certain real property described in
Exhibit A-1 and depicted, for reference purposes only in Exhibit A-2, both of which are
attached hereto and incorporated by reference (the "Lease Property") and;
WHEREAS, the County does not currently intend to develop the Lease Property
for open space , park or recreational purposes, but believes that such Lease Property
should be developed, maintained and operated for public recreational gold panning by
the City of Wheat Ridge; and
WHEREAS, the City, acting through its City Council, has determined it to be in
the interest of its residents to enter into a lease with the County to develop, operate and
maintain the Lease Property for public recreational gold panning.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
THE ATTACHED LEASE AGREEMENT WITH JEFFERSON COUNTY FOR THE
PURPOSE OF MANAGING CERTAIN REAL PROPERTY FOR RECREATIONAL
GOLD PANNING IS HEREBY APPROVED.
DONE AND RESOLVED this 22nd day of July 2013.
Jerry DiTullio, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease "), dated for reference purposes only this
__ day of , 2013 , is between the COUNTY
OF JEFFERSON , STATE OF COLORADO, a body politic and corporate (the
"County") and the CITY OF WHEAT RIDGE, a municipal corporation (the "Lessee").
RECITALS
A . The County is the owner of the property described in Exhibit A-1 and
depicted , for reference purposes only in Exhibit A-2 , both of which are attached hereto
and incorporated by reference (the "Lease Property"); and
B. The County does not currently intend to develop the Lease Property for
open space , park or recreational purposes , but believes that such Lease Property should
be developed , maintained and operated for public recreational gold panning by the
Lessee ; and
C . The Lessee is desirous of entering into a lease with the County to develop ,
operate and maintain the Lease Property for public recreational gold panning.
NOW, THEREFORE, in consideration of the mutual agreements,
conditions and provisions hereinafter set forth , the parties to this Lease agree as follows:
1. PROPERTY LEASED. The County leases to the Lessee and the Lessee leases
from the County the Lease Property. The Lease Property is leased "as is " without any
warranties.
2. TERM AND COMPENSATION. The term ofthis Lease shall be ten years from
the date of its execution by the Jefferson County Board of County Commissioners (the
"Board"), thereby ending on , 2023 , unless terminated earlier as
provided herein. No monetary compensation or lease payments are required ofthe
Lessee .
3. USE OF LEASE PROPERTY.
(a) The Lessee covenants and agrees to only use the Lease Property for public
recreational go .ld panning purposes. The County Open Space Program
will assist Lessee in establishing rules or guidelines and a monitoring
system for gold panning on the Lease Property . The Lessee is authorized
to adopt and enforce such rules , guidelines , and monitoring system at its
discretion .
Wheat Ridge Go ld Pan ning Lease .6-1 0-13 .doc
Attachment 2
(b) The Lessee may not alter the floodplain within the Lease Property.
(c) A 36" culvert ("Culvert") exists on the Lease Property , the location of
which is depicted on Exhibit B attached hereto and incorporated by
reference. The Culvert drains an adjoining wetland area for which the
County is responsible under the U.S. Corps of Engineers· jurisdiction.
The Lessee may not alter or obstruct the Culvert or its operation in any
way. The County shall have access to the Lease Property at all reasonable
times , without notice to the Lessee , including for access to the Culvert for
the purposes of operation maintenance , and repair.
(d) The Lessee shall not install any improvements or structures on the Lease
Property except for signs approved by the County.
(e) The County retains ownership of the land , water, water rights. wells and
any related improvements that are appurtenant to the Lease Property.
(f) The Lessee shall not use , keep, or permit any substance or material in or
about the Lease Property that may vitiate or endanger the validity of the
insurance thereof or increase the hazard or risk of fire or flooding.
(g) The Lessee shall keep the Lease Property clean and in a sanitary condition
and, to the greatest extent possible within its standard Police and Parks
and Recreation budgetary restrictions , shall not permit any disorderly
conduct, undue noise or nuisance on the Lease Property.
(h) The Lessee shall not use or authorize or permit others to use the Lease
Property for any purpose prohibited by the laws of the United States. the
State of Colorado , and the City of Wheat Ridge. The Lessee shall comply
with all current zoning regulations set forth in the Clear Creek Crossing
Planned Commercial Development, which permits open space and outdoor
recreation. The parties agree that gold panning is permitted on the Lease
Property , within the limitations as to nuisance and noise , and the
requirements imposed by Lessee. as elsewhere herein established or
permitted.
(i) Upon the termination or expiration of this Lease the Lessee shall , within
thirty (30) days thereof, remove any and all signs placed pursuant to this
Lease.
(j) The Lessee , and not the County , shall be responsible for the total
operation. management. and maintenance of the Lease Propet1y.
Whea t Ridge Gold Panni ng Lease .6-10-13.doc 2
4. TERMINATION .
(a) If at any time the Lease Property is not used for the public open space ,
park or recreation purposes authorized herein , this Lease shall promptly
and automatically terminate.
(b) If either party defaults or fails to keep any covenants or agreements to be
performed by such party , the non-defaulting party may declare this Lease
terminated; provided the non-defaulting party shall give the defaulting
party written notice of such alleged default, and the defaulting party shall
have a period of thirty (30) days to cure the alleged default.
(c) Either party may terminate this Lease without cause and for any reason
including, without limitation , if the County were to receive an offer to
purchase the Lease Property, by providing written notice to the other party
at least sixty (60) days prior to termination.
(d) Whenever this Lease expires or is terminated , all rights , duties and
obligations hereunder shall terminate except insofar as any duties or
obligations hereunder that are declared in this Lease to survive the
termination of this Lease , at which time the Lessee shall promptly
surrender and deliver up the Lease Property peaceably to the County in
accordance with this Lease, and in the same condition as the date of
execution of this Lease , ordinary wear, tear and damage by elements and
acts of God excepted. Upon the request of the County , the Lessee and the
County shall execute and the County may record a notification of a release
or termination of this Lease in the records of the Clerk and Recorder's
Office.
5. PRJORJTY TO COUNTY RESIDENTS. FEE DIFFERENTIALS. The Lessee
covenants and agrees that regarding the use of the Lease Property , including any
improvements thereon , the following shall apply:
(a) No Lessee resident shall be given preference concerning use of the Lease
Property or any activities therein.
(b) Jefferson County residents shall be given use priority preference over non-
County residents.
(c) No fee preference shall be given to the Lessee's residents over other
Jefferson County residents concerning use of the Lease Property.
(d) If fees are ever charged on the Lease Property , fee differentials shall be
charged for non-Jefferson County residents.
Wheat Ridge Go ld Pa nning Lease .6-l 0-13.doc 3
6. INDEMNIFICATION AND RELEASE. To the extent permitted by law, and
within the limitations imposed by the Colorado Constitution and statutes , the Lessee
agrees to and does hereby release, waive, discharge , indemnify and hold the County, its
officials, agents , employees, successors and insurers harmless from and against any
actual or alleged injury , liability , or damage , including attorneys ' fees , related to or
arising out of use of the Lease Prope1ty by the Lessee or any other person or entity. To
the extent the Lessee requires a public user of the Lease Property to execute a release ,
waiver or indemnification pertaining to its use of the Lease Property , the County shall
also be identified as a beneficiary of the instrument. The obi igations of this paragraph
shall survive termination ofthe Lease.
7 . ENVIRONMENTAL INDEMNIFICATION . To the extent permitted by law , and
within the limitations imposed by the Colorado Constitution and statutes , the Lessee
agrees to indemnify and hold harmless the County for any and all (I) civil , legal and
administrative costs ; (2) fines and penalties; (3) response , remedial and clean-up costs:
and (4) other costs (including attorneys· fees) or liability arising from the introduction by
the Lessee or any of its authorized agents or officers of any Hazardous Materials to the
Lease Property during the term of this Lease , except any Hazardous Material that may
have been directly introduced by the County. As used herein , the term "Hazardous
Materials" means flammable or explosive materials , petroleum or petroleum products ,
oil , crude oil , methane gas or synthetic gas usable for fuel , radioactive materials , asbestos
or any hazardous , toxic or dangerous substances. materials or wastes which are regulated
under any applicable county. municipal , state or federal law, rule , ordinance, direction , or
regulations as may be amended from time to time . The obligations of this paragraph
shall survive termination ofthe Lease .
8. INSURANCE. During the tem1 of this Lease. the Lessee shall maintain the
insurance coverages and comply with the requirements set forth in Exhibit B , attached
hereto and incorporated by reference.
9. NON-ASSIGNABILITY. This Lease is not assignable , nor may the Lessee
sublease an y portion of the Lease Property .
I 0 . FURTHER ASSURANCES. It is the intent of the parties that notwithstanding
anything contained to the contrary herein , all right, title and interest in the Lease Property
and any and all improvements located thereon or connected therewith , regardless of when
such improvements were placed upon the Lease Property , shall be fully vested in the
County as of the termination of this Lease. The Lessee , upon the request ofthe County ,
will at any time execute, acknowledge, deliver and record such further instruments as
may be necessary or proper to carry out this intent , and hereby irrevocably appoints the
County as its agent to execute and deliver such instruments as may be necessary.
II. LEASE PROPERTY ENCUMBRANCES. The County grants , and the Lessee
accepts. this Lease subject to all encumbrances, including, without limitation , any
easements, covenants and rights-of-way. The County reserves the sole and exclusive
right to grant or use additional encumbrances on , over, and across or under the Lease
Wheal Ridge Go ld Panmng Lcasc .6-I 0-I 3.doc 4
Property during the term of this Lease. The County shall give prior written notice of any
such encumbrances contemplated by the County after the date of execution of this Lease
to the Lessee.
12. FUNDING FOR LEASE PROPERTY. The Lessee shall obtain written approval
from the County Open Space Director prior to applying for grant funds or other third-
party funding for use at the Lease Property if any associated grant or funding document
may in any way encumber the Lease Property. For any grant or other funding the Lessee
seeks pertaining to the Lease Property that will not in any way encumber the Lease
Property , the Lessee shall simply copy the County Open Space Director on the grant or
funding application
13. ATTORNMENT. The Lessee agrees that if the interests of the County are
transferred for any reason , the Lessee shall be bound to and shall attorn to the successor
to the County 's interests under all of the terms , covenants and conditions of this Lease for
the balance of the term thereof remaining and shall recognize such successor as its
landlord hereunder.
14. MISCELLANEOUS PROVISIONS .
(a) This Lease may not be modified or amended except by an agreement in
writing signed by the parties.
(b) No term or provision hereof shall be deemed waived unless the waiver
shall be in writing and signed by both parties . Any failure by one party to
insist upon the other party 's strict performance of any of the terms of this
Lease shall not constitute a waiver of those or any other terms. Any delay
in exercising or enforcing any rights with respect to one party 's alleged
breach of this Lease shall not preclude the other party from exercising any
rights hereunder or at law or in equity.
(c) Time is of the essence with respect to this Lease.
(d) Any notice or communication given pursuant to this Lease shall be given
in writing, either in person or by certified mail , return receipt requested.
Such notice shall be deemed given at the time indicated on the duly
completed return receipt.
(e) Notice to the Lessee shall be delivered or mailed to:
or such other address as the Lessee may from time to time designate by
written notice to the County .
Wh ea t Rid ge Gold Panning Lease .6-l 0-13.doc 5
(f) Notice to the County, including any Certificates of Insurance , shall be
delivered or mailed to:
with a copy to :
Director, Jefferson County Open Space Division
700 Jefferson County Parkway, Suite I 00
Golden , CO 80401
Jefferson County Attorney's Office
I 00 Jefferson County Parkway
Golden , CO 80419-5500
or such other address as the County may from time to time designate by
written notice to the Lessee.
IN WITNESS WHEREOF. the parties have executed this Lease.
Wheat Ridge Gold Pan nm g Leasc .6-I 0-I 3.doc 6
ATTEST:
Deputy Clerk
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
COUNTY OF JEFFERSON
STATE OF COLORADO
By : ____________ _
Donald Rosier, Chairman
Board of County Commissioners
Subscribed and sworn to before me this day of _____ , 2013 , by Donald
Rosier as Chairman of the Jefferson County Board of Commissioners.
WITNESS my hand and official seal.
My Commission Expires: ______ _
APPROVED AS TO FORM:
Steven L. Snyder
Assistant County Attorney
Wheat Ridge Gold Panning Lease .6-l 0-13.doc
Notary Public
7
STATE OF COLORADO )
) ss .
COUNTY OF JEFFERSON )
CITY OF WHEAT RIDGE, a municipal
corporation
By ___________________ __
_________________________ .Mayor
The foregoing instrument was acknowledged before me this ___ day of
___________ ,2013by _____________________________ as
Mayor of the City of Wheat Ridge. a municipal corporation .
WITNESS my hand and official seal.
My Commission expires:
Notary Public
Wheat R1dge Gold Panmng Lease .6·1 0·13 .doc 8
CLEAR CREEK GOLD PANNING
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN TRACT C OF CLEAR CREEK CROSSING SUBDIVISION FILING
NO .1, AS RECORDED IN RECEPTION NUMBER 2011072532 OF THE JEFFERSON COUNTY
RECORDS AND ALSO LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 20 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN ,
CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON , STATE OF COLORADO AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
ALL THAT PART OF SAID TRACT C LYING NORTHERLY OF THE TRAIL EASEMENT DESCRIBED IN
RECEPTION 2011032502 OF THE JEFFERSON COUNTY RECORDS.
LAWRENCE L. PFIFER, PLS 27612
PREPARED FOR AND ON BEHALF
OF JEFFERSON COUNTY
JEFFERSON COUNTY OPEN SPACE
700 JEFFERSON COUNTY PARKWAY, SUITE 100
GO LDEN , CO 80401
(303) 271-5925
EXHIBIT A-1
EXHIBIT A-2
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EXHIDITB
---------------
INSURANCE REQUIREMENTS-GENERAL
I Prior to the commencement of any work the vendor shall forward certificates of insurance to
the department specified in the award document.
II Certificate Holder must be Jefferson County, Colorado. Required
II Jefferson County must be added as an additional insured to general liability, auto liability, and Required
any excess liability policies.
Ill Insurance-Minimum requirement
Workers compensation-statutory limits provided by an insurance carrier that is licensed to do Required
business in Colorado . The policy shall contain a Waiver of Subrogation on behalf of Jefferson
County .
Employer 's liability -$1 00 ,000 each accident
$500 ,000 disease policy limit
$1 00 ,000 disease each employee
Commercial General Liability Required
The policy must not exclude or reduce coverage for mobile equipment , personal injury ; blanket $1M ea
contractual ; and death. Personal injury coverage must have the employee exclusion deleted. The occurrence
policy shall contain a Waiver of Subrogation on behalf of Jefferson County . $2M general
aggregate
Commercial automobile liability insurance-including hired and non-owned vehicles , if autos are Required
used in the performance of work under this agreement. Combined single limit for bodily injury and $1M CSL per
property damage. accident
All deductibles or self-insured retentions (SIRs) in excess of $5 ,000 must be listed on the certificate Required
of insurance
Certificates of insurance on all policies to the county shall provide written notice of not less than 30 Required
days prior to cancellation or non-renewal of coverage
The insurance requirements specified by the county shall remain in effect for the full term of the Required
contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent
to the county during the full term of the contract and/or agreement and any extension thereof.
The county reserves the right to reject any insurer it deems not financially acceptable on insurance Required
industry resources. Property and liability insurance companies shall be licensed or approved to do
business in Colorado . Additionally the county reserves the right to reject any insurance with
relatively large deductibles or self-insured retentions (SIRs), deemed by the county to pose too high a
risk based on the size of the contractor, financial status or rating of the contractor, or based on the
size or type of the project and the exposure .
IV Any deviations below the standards given above must be approved by Jefferson County Risk Required
Management
v Any subcontractors must meet the same insurance requirements for the contract or purchase Required
order unless Risk Management has approved a deviation
EXHIBIT C
.... ~·~ ... ~ ., City of •
.. ~Wheat~dge
J?'PouCE DEPARTMENT
Memorandum
TO: Mayor DiTullio and City Council
THROUGH: Daniel Brennan, ChiefofPolice
FROM: Mary McKenna , Community Services Team Supervisor
DATE: July 15, 2013
SUBJECT: Ordinance Amending the Wheat Ridge Municipal Code Concerning the
Licensing of Dogs and Cats
ISSUE:
On August 15 ,2012 the City ofWheat Ridge entered into an Intergovernmental Agreement
(IGA) concerning the funding of operations at the Foothills Animal Shelter. The City, along
with the municipalities of Arvada, Lakewood, Golden, Edgewater, Westminster and Jefferson
County, agreed to allocate revenue from the county-wide dog licensing program to fund the
operations ofthe Foothills Animal Shelter. Under the terms of the IGA , participating agencies
agreed to a centralized administrator, which is currently Jefferson County, and to adopt the same
requirements for licensing as the administrator.
Jefferson County has recently amended its ordinance and policy pertaining to licensing, and has
shifted the administrative duties from the County to the Foothills Animal Shelter. During this
process , the County reviewed participating agencies' ordinances and made the recommendation
that each participating agency remove all reference of, "Jefferson County" as the administrator
and replace it with "Licensing Administrator" in their ordinance. They also recommend adding a
definition of"Licensing Administrator.
FINANCIAL IMPACT:
There is no financial impact associated with these proposed changes.
RECOMMENDATIONS:
Staff is recommending the City amend Chapter 4-1 , to include the definition of, "Licensing
Administrator," as well as amend Chapter 4-8 , to remove all reference of Jefferson County as the
dog license administrator.
Staff is also recommending the City amend Chapter 4-31 (e), which currently requires a dog
owner to obtain a dog license for their pet at the age of six months. To be consistent with the
county requirements , dog owners would be required to obtain a dog license at the age of four
months. Also in Chapter 4-31 (e), staff is recommending the removal of the infonnation that
refers to licensing of four-month-old cats ''by examining its mouth to identify the first adult
Amending City Code Concerning Licensing of Dogs and Cats.
July 15 ,2013
Page2
teeth." Community Service Officers would rely on a licensed veterinarian to verify the age of a
cat.
ATTACHMENTS:
1. Proposed amendment of Chapter 4
~age 34
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No.
Ordinance No. ___ _
Series of 2013
AN ORDINANCE AMENDING SECTIONS 4-1, 4-8 AND 4-31 OF THE
WHEAT RIDGE MUNICIPAL CODE CONCERNING THE LICENSING OF
DOGS AND CATS
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C . R.S. § 31-15-401 ( 1 )(m ), the City,
acting through its City Council (the "Council"), is authorized to regulate the keeping of animals
within the City; and
WHEREAS, pursuant to this authority, the Council has adopted regulations concerning
the mandatory licensing of dogs within the City, codified in Chapter 4 of the Wheat Ridge Code
of Laws ("Code"); and
WHEREAS, by an Intergovernmental Agreement dated August 15, 2012, the City
agreed to cooperate with the cities of Arvada, Lakewood, Golden and Westminster and with
Jefferson County (the "County") to fund and operate a centralized animal shelter, known as the
Foothills Animal Shelter (the "Shelter"), for the use and benefit of all parties to the agreement
(the "Intergovernmental Agreement"); and
WHEREAS, under the terms of the Intergovernmental Agreement, each party delegated
its authority to issue dog licenses and to collect license fees, to be used to fund the Shelter, to a
common licensing authority, currently the County; and
WHEREAS, the Intergovernmental Agreement further requires each party to adopt dog
licensing requirements that are consistent with the County ordinance concerning the licensing of
dogs; and
WHEREAS, the County is in the process of updating and amending its Animal Control
Regulation Policy, known as Regulatory Policy 3 .5.1 (Part 3 Regulations, Chapter 5 Animals,
Section 1 Animal Control); and
WHEREAS, the Council finds and determines that certain amendments to the Code are
necessary to render the City's dog licensing program consistent with the new County.
regulations concerning the same, as required by the Intergovernmental Agreement.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 4-1 of the Wheat Ridge Code of Laws, establishing defined terms
for purposes of Chapter 4 of the Code, is hereby amended by the addition of the following new
defined term, to be inserted alphabetically into the list of terms, as follows:
Attachment 1
Licensing Administrator means the person or entity delegated the authority by the
City from time to time to issue dog licenses and collect fees for such licenses .
Section 2. Paragraph 4-8(c)(4) of the Wheat Ridge Code of Laws, concerning off-leash dog
park rules and regulations , is hereby amended as follows :
( 4) All dogs belonging to city residents must display a current Jefferson County dog
license ISSUED BY THE LICENSING ADMINISTRATOR as required by section 4-
31 (c).
Section 3. Paragraph 4-8(c)(10) of the Wheat Ridge Code of Laws , concerning off-
leash dog park rules and regulations, is hereby amended as follows :
(1 0) The follow ing dogs are not permitted within off-leash dog parks :
a . Aggressive dogs , as defined by section 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 li cense ISSUED BY THE LICENSING
ADMINISTRATOR , as applicable .
d . Dogs under the age of four (4) months .
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 4-31 of the Wheat Ridge Code of Laws , concerning dog and cat
licenses , is hereby amended as follows:
Sec. 4-31. Dog and cat licenses.
(a) Territorial application . The provisions of this section shall apply to all dogs and
cats , and all owners of all dogs and cats present within the jurisdictional
boundaries of the city regardless of whether the owner or keeper of the dog or
cat resides within the city.
(b) Violations and penalty. Any dog or cat owner who violates any of the
provisions of this section shall be guilty of a misdemeanor and , upon
conviction thereof , shall be subject to a fine of not more than one thousand
dollars ($1 ,000.00).
(c) Required; described. A license is required for all dogs ef AND cats in this city
as follows : A valid cat license shall be a current Mile-Hi rabies tag and
registration certificate . A valid dog license shall be a dog license issued by
the LICENSING ADMINISTRATOR Jefferson County animal control division
or such other agent as may be designated by Jefferson County from time to
2
tfffie. A cat or dog owner may request an exemption to this requirement if, for
medical reasons, his/her cat or dog cannot be vaccinated. In this event, a cat
or dog owner must submit an affidavit from a licensed veterinarian stating the
reasons why the cat or dog is unable to be vaccinated.
(d) Wearing of tag; availability of certificate. A current and valid Mile-Hi rabies tag
shall be worn on a collar or harness by the dog at all times, unless a current
and valid tag from the LICENSING ADMINISTRATOR Jefferson County
animal control di';ision, which requires proof of current rabies vaccination for
its issuance, is worn on a collar or harness by the dog at all times. A current
and valid registration certificate, as above-described, shall be kept in the
possession of the owner of any dog or cat within the city, and such registration
certificate or a copy of it shall be produced or producible by the owner as proof
of current registration in the event of loss or the correspondingly numbered
tag.
(e) When to obtain license -Initially. A cat owner shall obtain a license as above-
described for his cat within ten ( 1 0) days after the cat reaches four ( 4) months
of age, or within ten ( 1 0) days after tho eat's first permanent tooth appear,
whicho\'OF comes first. A dog owner shall obtain a license as above-described
for his dog on or before the date the dog reaches the age of FOUR (4) ~
months, or within thirty days of acquisition of said dog, whichever occurs last.
(f) Same -Renewal. The owner of any dog or cat shall have his dog or cat
relicensed, as such licensing is required in subsection (c), above, annually.
Such license shall be considered current for a twelve-month period from the
date of issue.
(g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration
certificates are only to be issued by and obtained from veterinarians currently
licensed to practice veterinary medicine in the state after vaccination of tho cat
'Nith a U.S .D.A. licensed rabies vaccine.
(h) New residents. New residents of the city may be issued a current Mile-Hi
rabies tag and registration certificate for their cat OR DOG by a veterinarian
licensed to practice in the state, upon proof of having had the cat OR DOG
vaccinated for rabies by a licensed veterinarian with a current U.S.D.A.
licensed rabies vaccine.
(i) Nontransferability. No person shall affix to the collar or harness of any dog or
cat, or permit to remain affixed, a tag evidencing licensing and vaccination
except for the specific dog or cat for which the tag was assigned at the time
the tag was issued.
Section 5. Safety Clause . The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Wheat Ridge,
that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be attained.
3
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 on July 20 , 2013, as
authorized by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to __ _
on this _ day of , 2013 , 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 , 2013, at 7 :00 o'clock p.m ., in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of to , this day of , 2013 .
SIGNED by the Mayor on this ___ day of _________ , 2013 .
ATTEST :
Janelle Shaver, City Clerk
First Publication :
Second Publication:
Wheat Ridge Transcript
Effective Date :
Jerry DiTullio , Mayor
Approved As To Form
Gerald E. Dahl , City Attorney
4
~~·~ ... ., City of
.. ~Wheat.Ri_dge ~OLICE DEPARTMENT
Memorandum
TO: Patrick Goff, City Manager
THROUGH: Daniel G. Brennan, Chief of Police
FROM: Jim Lorentz, Division Chief
Patrol Operations Division
DATE: July 15 , 2013
SUBJECT: Animal Welfare and Control Commission Discussion on Use ofMeeting
Facilitator
City Council met with members of the Animal Welfare and Control Commission (A WCC) at the
May 6 , 2013 , Study Session for a round table discussion of the A WCC duties and
responsibilities. Council agreed on the following goals:
1. The City Attorney and Police Department will work together to bring the Chapter of the
Code of Laws related to animals up-to-date;
2. Police Department staff will work with the A WCC to clarify policy and the role of the
AWCC ;
3. The AWCC and Police Department staff will work on producing educational programs
and fliers regarding animals and Code of Laws related to animals;
4 . Police Department staff will provide more back-up information to the A WCC regarding
kennel applications ;
5. The Police Department will bring in a facilitator to work with the Department and
AWCC on relationships and roles (this consensus vote was 5-3).
Councilmernbers Davis , Jay and Reinhart agreed to use some of their outreach funds to fund a
facilitator.
The Police Department identified three possible facilitators. The cost of a professional facilitator
varied between $3 ,000 and $5 ,000 . On May 21 , 2013 , the AWCC met for their regularly
scheduled meeting. Police Department staff reviewed the five duties listed above agreed upon
by Council , and provided information regarding the three professional facilitators. Members of
the A WCC advised that they felt a facilitator was an unnecessary expense for the City, and that
they believe they can accomplish the five goals listed above , with the help of Police Department
and City Attorney's Office staff. The A WCC voted 7-0 to postpone working with a facilitator ,
and continue to work with the Police Department and City Attorney 's Office, if that decision is
acceptable to City Council.
Animal Welfare and Control Commis ion Discussion on Usc of Meeting Facilitator
July 15,2013
Page 2
On June 3 , 2013 , the AWCC met in a Special Session to review an application for an Exotic
Animal Permit. The permit was recommended 7-0 by the Commission.
On July 1, 2013 , the AWCC met in another Special Session to discuss amending Sections 4-1 ,4-
8, and 4-30 of the Wheat Ridge Municipal Code concerning licensing of dogs and cats . The
Commission reconunended that Council approve the ordinance changes 7-0.
The next regularly scheduled meeting of the AWCC is July 16 , 2013. The business of the
Commission is continuing with regularly scheduled meetings and appropriate Special Sessions
when required. Meetings have occurred without conflict, and necessary business has been
accomplished appropriately. Police Department staff requests guidance from Council on
whether or not to proceed with hiring a facilitator to work with the A WCC.
RECOMMENDATION:
Although City Council gave specific direction on conducting facilitation between Police
Department staff and members of the A WCC, the desire of the A WCC has changed. The Police
Department and A WCC are optimistic that the four other goals outlined by Council can be
accomplished to everyone's satisfaction without the use of a facilitator. The Police Department
concurs that both sides can work together in a respectful and professional manner in the future.
JL/ck
~~A#
.... ~ ., . City of
.. ~Wheat~dge ~OLICE DEPARTMENT
Memorandum
TO: Mayor Jerry DiTullio and City Council
THROUGH: Patrick Goff, City Manager
Daniel Brennan , Chief of Police
FROM: Joseph Cassa, Division Chief
Support Services Division
DATE: July 15,2013
SUBJECT: Jefferson County Regional Crime Laboratory
ISSUE:
The Jefferson County Combined Crime Laboratory has been one of the recent regionalization
efforts of the Jefferson County Law Enforcement Agencies. Tlus effort began with a multi-
jurisdictional committee being formed at the direction of the Law Enforcement Agency CEO's.
All of the Jefferson County Law Enforcement Agencies were invited to participate in this
committee effort. Those agencies represented on the committee include the Jefferson County
Sheriffs Department, Lakewood , Arvada , Golden and the Wheat Ridge Police Departments.
The issue is whether or not it would be to the advantage of Jefferson County Law Enforcement
Agencies to cooperate to provide a regional forensic crime laboratory in Jefferson County.
Additionally, the committee was tasked to determine if the Jefferson County Law Enforcement
Agencies would improve their law enforcement services to the public and relieve and supplement
the state crime laboratory's forensic evidence analysis.
A number of meetings were held throughout 2012 , and will continue throughout 2013. There were
a number of studies conducted to determine the feasibility of a combined crime laboratory serving
the needs of Jefferson County Law Enforcement Agencies and the communities they serve.
PRIOR ACTION:
A staff report was presented to the City Council at a study session on January 28 ,2013. After the
staff presentation and a few questions asked by Council Members , the Council came to a consensus
the Police Department should continue their participation in the committee, with the intent of
becoming a member agency.
The Jefferson County Board of County Commissioners approved the attached inter-governmental
agreement on May 20 ,2013.
Jefferson County Regional Crime Laboratory
July 15 , 2013
Page 2
BACKGROUND:
CRIME LABORATORY CONSTRUCTION
The Jefferson County Sheriffs Department is remodeling and building an addition onto one of their
facilities. One of the additions includes a new crime laboratory. The new laboratory includes
ample work space for additional personnel and will easily accommodate a regional /combined crime
laboratory. The costs for construction are being funded by Jefferson County. As of this date, the
project is on schedule. According to the construction contractor's most recent schedule, the first
week of April , 2014 is the expected opening week for this facility.
CRIME LABORATORY STAFFING
Considerable time and effort has been spent to develop the staffing plan for this laboratory. The
staffing plan incorporates personnel from the Arvada and Lakewood Police Departments' crime
labs , reassigning them to the new regional forensic laboratory. The current staffing plan includes
the following :
• March, 2014 The addition of one Jefferson County Sheriffs Office (JCSO) FTE for
DNA analysis , for a total of two JCSO FTE 's conducting DNA analysis
• January, 2015 The addition of one JCSO FTE for Firearms/Toolmarks analysis and
com pan sons
• 2016 Staffing evaluation and recommendations to be completed by the
governing Board by June, 2015
CRIME LABORATORY SERVICES
The regional laboratory will provide a number of services to the Police Department, when the
laboratory opens . These include drug evaluation/chemistry, serology/DNA , latent print
examination , and photography/video of those evidence items submitted, and the evidence collected
from these items. It is currently planned to provide firearms and tool mark evaluations in early
2015.
The Police Department does have an agreement with the City of Lakewood 's forensic crime
laboratory, which also provides a number of services. These services include crime scene analysis
and evidence collection, collection of DNA , hair and fiber analysis , footwear and tire impression
collection and analysis, blood splatter interpretation , processing items for fingerprint collection , and
autopsy documentation. Prior to the opening of the proposed regional lab , the analysis of these
items will continue to be done by the State Crime Laboratory.
FINANCIAL IMPACT:
FUNDING FORMULA AND MEMBER AGENCY ASSESSMENT
A study was conducted by the committee to determine the most reasonable way to complete
member agency assessments. The use of a crime lab would likely be proportional to the number of
crimes in each agency 's jurisdiction. The criteria used to determine member agency assessments
consists of the number of sworn officers and the FBI-defined Part 1 crimes reported by each
member agency for a five-year period of time. It was decided to use a five-year average format , in
order for the budgeting for each agency to remain consistent, rather than generating a new
Jefferson County Regional Crime Laboratory
July 15 , 2013
Page 3
assessment percentage each year. The assessment for the Wheat Ridge Police Department has been
determined to be:
• 2014 $31 ,279.78 (A prorated portion , depending when the crime lab becomes
operational , as determined by the governing Board)
• 2015 $31 ,279 .78
• 2016 To be determined by the Jefferson County Regional Crime Laboratory governing
Board
MAJOR EQUIPMENT COSTS
There are two major equipment costs involved in this project. The first is the equipment necessary
to process DNA evidence. The cost of the DNA equipment is anticipated to be between $850 ,000
and $1 ,000,000. The second cost is the purchase ofthe gas chromatography-mass spectrometry
(GC-MS) equipment. It is anticipated this will be approximately $150,000. The committee has set
the following priority funding sources to pay for this equipment:
• Construction project budget
• Federal seizure dollars from the West Metro Drug Task Force
• Grants , to include state and local Justice Assistance Grants
• Member agencies
The DNA equipment is currently planned to be paid with funds from the overall project ; and the
GC-MS equipment is expected to be paid for with funds from the West Metro Drug Task Force.
The furniture , fixtures , and other equipment remain on track to be paid with funds from the overall
project.
RECOMMENDATIONS
Staff believes it is important for the City to join this effort. There continues to be discussion at the
Colorado Bureau of Investigation (CBI) and the state legislature regarding the charging of fees to
process evidence submitted to their forensic laboratory due to state budget funding concerns. Those
fees have yet to be determined. CBI currently does complete forensic crime lab services, to include
forensic evidence processing and analysis for the majority oflaw enforcement agencies throughout
the state. This results in significant delays in the analysis of DNA, firearms and otl1er processing.
Denver has a DNA laboratory, and communities in Larimer and Weld Counties are currently
working toward a regional forensic crime laboratory.
Citizens are demanding that criminals be held accountable for their crimes ; and they have high
expectations when it comes to evidence processing. Through the combined laboratory project, the
City will experience quicker turnaround time on the analysis of ev idence, thus providing the Police
Department the opportunity to resolve active criminal in vestigations in a timelier manner.
Jefferson County Regional Crime Laboratory
July 15 , 2013
Page4
Reducing the amount of 'down' time waiting for forensic analysis will also be of benefit in the
investigation of pattern crimes. The ability to file criminal charges in a timely manner strengthens
the prosecution of criminal offenders in the criminal justice system , which aids in the closure of
cases for victims of criminal activities .
Staff recommends that an Intergovernmental Agreement be brought to the City Council for review
and approval.
ATTACHMENTS:
1. Regional Crime Lab Allocations
2. Regional Crime Laboratory IGA
Sworn Staff
Arvada 166 30.4%
Golden 44 8.1%
Lakewood 261 47 .8%
Wheat Ridge 75 13 .7%
TOTAL 546 1
Exhibit A
Regional Crime lab Allocations -Exhibit A.xlsx
NIBRS Category A Applied%
3297 24 .2% 27 .3%
557 4.1% 6.1%
8102 59 .6% 53.7%
1641 12 .1% 12 .9%
13597 1 100.0%
Prepared by Jeff Shrader 04/12/2013
Total Annual Contribution
$ 242,431.00
2014/2015
~ .,
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" ., ., c
INTER-GOVERNMENTAL AGREEMENT TO ESTABLISH THE JEFFERSON
COUNTY REGIONAL CRIME LABORATORY
CITIES OF ARVADA, GOLDEN, LAKEWOOD, WHEAT RIDGE
AND THE COUNTY OF JEFFERSON
THIS INTER-GOVERNMENTAL AGREEMENT (this "Agreement") is
made this 14th day of May 2013, by and between the City of Arvada, a home rule
municipality under the laws of the State of Colorado with a principal location at
8101 Ralston Road, Arvada, Colorado 80001; the City of Golden, Colorado, a
home rule municipality under the laws of the State of Colorado with a principal
location at 911 1oth Street, Golden Colorado 80401; the City of Lakewood,
Colorado , a home rule municipality under the laws of the State of Colorado with a
principal location at 480 S Allison Parkway, Lakewood, Colorado 80226; the City
of Wheat Ridge , Colorado a home rule municipality under the laws of the State of
Colorado with a principal location at 7500 W 29th Avenue, Wheat Ridge Colorado
80033; and the County of Jefferson, a county government under the laws of the
State of Colorado with a principal address at 100 Jefferson County Parkway,
Golden Colorado 80401. The foregoing are also referred to herein collectively as
the "Parties" or singly as a "Party."
WHEREAS intergovernmental agreements to provide functions or
services, including the sharing cost of such services or functions by political
subdivisions of the State of Colorado, are specifically authorized by Section 29-1-
203 C.R.S. and
WHEREAS, the municipalities encourage the development of regional
coalitions of local governments in order to establish efficient and effective
delivery of municipal services; and
WHEREAS, the County of Jefferson and cities of Lakewood and Arvada
currently have forensic crime laboratories which process evidence from crime
scenes to aid in the detection and prosecution of criminals; and
WHEREAS, recent years have seen a sharp increase in the need for
forensic analysis of evidence; and
WHEREAS, it will be to the advantage of all Parties and to the health ,
safety and welfare of the citizens of the State of Colorado, to cooperate to
provide a regional forensic crime Laboratory in the County of Jefferson, enabling
each Party to improve its law enforcement services for the public and to relieve
and supplement the State Crime Laboratory; and
Attachment 2 1
WHEREAS, all Parties are willing to share in the expense in a regional
forensic crime Laboratory through this Agreement , with the County of Jefferson
being the designated location for such Laboratory; and
WHEREAS, this Agreement shall be considered an inter-governmental
cooperation agreement pursuant to Section 29-1-203 C.R.S. for the purpose of
providing a regional forensic crime Laboratory (the "Lab") available for use of
each Party on a cost-sharing basis on the terms and conditions in this
Agreement. The Lab shall be known as the Jefferson County Regional Crime
Laboratory , or such other name as shall be mutually determined by the Parties,
NOW THEREFORE, in consideration of the mutual promises and
covenants herein , the Parties agree as follows:
1. Location of Lab: The Lab shall be located at 200 Jefferson County
Parkway , Golden , Colorado 80401 .
2. Establishment of Board:
a . There is hereby established a governing Board (the "Board") for the
Lab consisting of the following :
The Police Chiefs of Arvada , Golden, Lakewood and Wheat Ridge , or
their authorized designee(s), and the Jefferson County Sheriff or
his/her authorized designee . Each Party shall have one representative
on the Board at all times .
b. The Board shall act as an administrative Board with the following
duties:
i. Establish policies and procedures for the operation of the Lab,
including without limitation, final approval of the initial outfitting and
equipping of the Lab , operational schedule , policies setting forth the
scope of forensic services to be provided through the Lab, policies
regarding access to and prioritization of Lab resources , and
personnel policies;
ii. Produce an annual report with budget recommendations or any
other recommendations for modification , revision or repeal of this
Agreement ;
iii. Make recommendations to each Party as to the terms for any
additional agreements or amendments needed to effectuate this
Agreement , or as to additional cost items not included in the budget
set forth in Section 4 below .
c. The Board Year shall be from July 1 -June 30 of each year.
d. The Board shall select a Chair from its members to serve during each
Board Year. All Board recommendations shall require a favorable vote
2
of a simple majority of the entire Board . Any recommendations which
require physical or operating modifications to the Lab, modifications to
costs assumed by the County of Jefferson under Section 6.b.ii. below ,
or which impact the construction of the Lab or purchase and
installation of fixed equipment of the Lab by the County of Jefferson
shall require the additional express approval of the Jefferson County
Sheriff.
e . Upon receipt of written notice of Board recommendations as to the
budget , or additional agreements or amendments , each Party shall
review those recommendations , with budget recommendations to be
considered in time to be included in the upcoming fiscal year budget. If
a majority of the Parties approve such recommendations, then all
Parties to this Agreement are bound thereby so long as they remain a
Party to this Agreement.
3. Lab Director
a . The Board shall appoint a "Lab Director" who shall be responsible for
the supervision and management of day to day operations of the Lab .
The Lab Director may be an employee of any Party to this Agreement.
Appointment of any individual as the Lab Director shall not affect that
person's status as an employee of any of the Parties.
b. The Lab Director shall serve a term as directed by the Board . The Lab
Director may be removed from his or her position at any time by a
simple majority of the entire Board , and shall be replaced by another
person appointed by the Board upon removal.
4. Budget. Each year, the Board shall recommend a budget of itemized
expenditures and revenues to each Party no later than June 30 1h of each
year , including expenditures in addition to those required in Section 6, for the
upcoming fiscal year of lab operations and which may include funds payable
to a contingency account as set forth in Section 6.vi below. For purposes of
this Agreement the fiscal year for Lab operations shall run January 1 through
December 31 of each year.
For fiscal years 2014 and 2015 , the Parties agree that the initial Lab budget is
established effective December 31, 2012 , as shown in Exhibit A which is
attached hereto and incorporated by this reference .
If operations begin after January 1, 2014, for any partial year 2014 operations
the proration of total contributions from each Party shall be at the discretion of
the Board , and will be determined for each year no later than June 30 of the
year preceding .
5. Functional Organization: Each Party's employees using the Lab shall be
and remain the employees of their respective employers for all purposes,
regardless of where they may be working or their presence in the Lab. Daily
3
supervision of all employees shall be the responsibility of the Lab Director.
Any discipline or performance issues will be communicated by the Lab
Director to an employee's respective Party. Any discipline imposed against
an employee shall be the responsibility of the employing Party. All employees
shall be required to follow rules for the use of the Lab which shall be
promulgated by the Board. When vacancies occur within the Lab staff, the
Board may make recommendations to the employing Party when filling the
vacancy based upon expertise required and the employing Party 's job
description . All hiring decisions will remain in the sole discretion of the
employing Party. The Lab will be initially be staffed with 13 full-time
employees. The Sheriff will provide eight (8) employees, the City of
Lakewood four (4) employees and the City of Arvada one (1) employee. For
calendar year 2015 , the Sheriff shall contribute an additional employee to the
Lab. Beyond calendar year 2015 , the number of employees and need for any
additional employees will be reviewed annually by the Board. Costs for
salaries and benefits for any additional employees beyond the original 14
employees set forth herein will be funded fifteen percent (15%) by the Sheriff
and eighty-five percent (85%) by cost contributions from the Municipal Parties
as set forth in Section 6 below. At the request of any Party, the presence of
any employee at the Lab shall be reviewed by the Board.
6. Costs: Costs shall be allocated between the Parties on the following basis:
a. Capital costs : The design and construction of the Lab and
purchasing of fixed equipment for the Lab may be determined in the
sole discretion of the Sheriff. Along with the costs identified in
Section 6.b.ii below, the capital costs identified in this Section 6 .a.
shall constitute a contribution in-kind from Jefferson County and
Jefferson County shall not be obligated to make any additional
monetary contributions under Section 6.b. below.
b. Additional funding for the Lab will be provided as follows:
i. Following the completion of the construction of the Lab
under Section 6.a., each Municipal Party shall contribute an
annual dollar amount to the Lab according to the budget
prepared by the Board under Section 4 above and
apportioned between the Parties according to the following
formula. For purposes of this Section 6.b.a "Municipal Party"
is identified as all parties to this Agreement except for
Jefferson County .
A . Monetary contributions of each Municipal Party
hereunder shall be determined on a pro rata basis
using a formula based on the relative law
enforcement needs of each Party . The formula shall
be calculated as of December 31 of each year using
the previous five (5) years of Group A crime data from
4
the National Incident-Based Reporting System
("NIBRS ") and number of budgeted law enforcement
(i.e. non-detention and non-court service) officers as
of January 1 for each of the applicable Parties. The
total Group A crimes reported in the jurisdictions of all
applicable Parties in the previous 5 years shall be
divided into the respective number of Group A crimes
occurring within the jurisdiction of any Party in the
previous 5 years to produce that Party's NIBRS share
as provided by the Federal Bureau of Investigation
("NIBRS share"). For purposes of this Agreement,
Group A crimes shall be defined as set forth by the
NIBRS. The total number of budgeted law
enforcement officers between all applicable Parties
will be divided into the number of budgeted law
enforcement officers or "LEOs" for each applicable
Party to produce that Party's "LEO Share ". Each Party
will have a "Respect ive Contribution" that is the
arithmetic mean of the NIBRS Share and the LEO
share for that Party. The required contributions of
each Party shall be represented by the pro rata share
that reflects the Respective Contribution of that Party
divided by the total of the Respective Contributions
from all the Parties .
B. Contributions required under this Section 6 . b . shall
be paid by the Municipal Parties no later than March 1
of each year for the current fiscal year of Lab
operations
ii. After occupancy of the Lab , the County of Jefferson shall be
responsible for 100% of the cost of the following :
A . Capital costs related to repair and maintenance of the
building where the Lab is located; and
B . Operating costs for the building, including but not
limited to electricity, heat, water, sewer, cleaning ,
ordinary repair and maintenance for the building itself,
and other similar costs not defined herein as
expressly assumed by Jefferson County, other than
consumables , as set forth in Section 6.b .iiv .A. the
costs for which shall be shared as determined by the
Board ; and
C . Cost for all risk casualty insurance , or self-insurance ,
for the equipment in the Lab, including the equipment
transferred to the Lab from contributing agencies.
5
iii. Revenues. In the event of receipt of any state or federal
grants or other revenue for the Lab by any Party, credit for
such revenue shall be credited to each of the Parties on the
same basis as provided for the sharing of costs in Section
6.b .i.a., above. Such credit will be allocated over the period
for which the grant or revenue was received . If any local
cost or funds matching is required for the grant and the
Parties approve such expenditures, such costs shall be
allocated to the Parties on the same basis as provided for
the sharing of costs in Section 6.b.i.a., above . All credits for
revenue or allocations of cost shall be made only after
recommendation of the Board as set forth in Section 4
above.
iv. All payments due to the County of Jefferson from the
Municipal Parties for sharing of Lab costs as set forth in this
Agreement including but not limited to payments required
under Section 6.b above or elsewhere in this Agreement
shall be paid to: Jefferson County Accounting, 100 Jefferson
County Parkway, Golden, Colorado 80401
v. Capital Equipment. In the event that the Board determines
that the Lab requires specialized capital equipment ,
including but not limited to firearm ballistics and DNA
analysis equipment, the Parties will cooperate to seek grant
funds or funds from the Parties to purchase such capital
equipment. For any particular acquisition of capital
equipment, the Parties may deviate from the cost sharing
formula set forth in Section 6.b.i.a., above with the written
approval of the Board.
vi. Contingency Expenses. By decision of the Board, the Parties
may be required to pay additional money to fund the Lab to
serve as a Contingency Account. Any required contributions
from the Parties for the Contingency Account shall be
submitted to the Parties in the annual budgetary submittal
required by Section 4.b above. Any expenditure from the
Contingency Account for expenses not included in the
annual budget must be approved by the express decision of
the majority of the Board.
vii. Operating Costs. Except as otherwise provided herein, all
ongoing operating costs for the operation of the lab shall be
included in the annual budget required by Section 4 above
and funding for such operating costs shall be drawn from the
annual contributions of the Parties required hereunder. All
operating costs shall be held in an appropriate account at
the discretion of the County of Jefferson in accordance with
6
Section 6 .c. below. For purposes of this section, Operating
Costs shall include all accreditation costs and consumables
as set forth below:
A. Consumables properly included as Operating Costs
shall include: costs for repair and maintenance of
capital equipment, purchase of office and laboratory
supplies supplies, costs for DNA testing, and any
other consumable costs approved by a vote of the
majority of the Board.
B. Consumables not properly included as Operating
Costs shall include: travel expenses for Party
employees, and costs for hiring outside experts,
which costs shall be borne by the employing or
investigating Party, respectively.
c. Account Administration: All financial matters, including but
not limited to accounting and purchasing, relating to Lab Operations
shall be managed by the Jefferson County Sheriffs Office Business
Office. The Business Office will manage all payments and revenue
related to Lab business and will manage all accounts related to the
funding of the Lab in accordance with Jefferson County policies and
procedures.
7. Property: All capital equipment and personal property used in the Lab
shall be and remain the property of the County of Jefferson regardless of the
source of financing. The final disposition of any such property determined to
be surplus to the Lab shall be within the discretion of, and subject to, the
procedures of the County of Jefferson. This section specifically excludes
capital equipment donated to or purchased for the Lab by a Party under
Section 6.b .v. above, which may revert to the donating or purchasing Party if
approved by the Board .
8. Liability: Each Party shall be responsible for the acts and omissions of its
own employees assigned to the Lab and its employees performing services
for the Lab , and shall not be responsible for the acts or omissions of any other
Party's employees. Nothing contained herein shall be deemed a waiver of
any rights, defenses , or immunities provided by the Colorado Governmental
Immunity Act, 24-10-101 et. seq., C.R.S. or otherwise provided by law .
Nothing contained herein shall be construed to make any employee of any
Party an employee of any other Party for liability purposes or for any other
purposes.
9. Insurance. The Parties agree to provide at their own expense, keep in full
force and effect during the term of this Agreement, and during the term of any
extension or amendment of this Agreement, insurance in the amounts
provided in Exhibit B which is attached hereto and incorporated herein by this
7
reference. Each Party agrees to name the other parties as an additional
insured for purposes of insuring operations related to the Lab .
10. Worker's Compensation, Independent Contractors Parties shall , at
their own expense, keep in full force and effect during the term of this
Agreement statutory worker's compensation insurance or adequate self-
insurance funds. Nothing in this Agreement shall be construed to affect the
employment status of any employee or independent contractor of either Party
in any way. Each Party is solely responsible for its own necessary workers'
compensation insurance and shall be responsible for withholding and paying
all federal and state taxes. The Parties and their employees are not entitled to
unemployment insurance benefits from the other Parties .
11.Term: This Agreement becomes effective on July 1, 2013 and shall
remain in effect for an initial term of six (6) months , unless earlier terminated
by mutual agreement of all Parties. Thereafter , the Agreement shall
automatically renew for successive one (1) year terms from January 1 to
December 31 of each successive year unless terminated in accordance with
section 12 , or parties withdraw under the terms of section 12 below.
Notwithstanding anything else contained herein , forensic or other
investigatory operations at the Lab shall not commence until the Jefferson
County Sheriff approves occupancy of the Lab facility. During the Term of this
Agreement before such date , the activities of the Lab and the Governing
Board shall be limited to proactive planning activities including but not limited
to rulemaking , personnel matters , financial matters , and any other matters
requiring the agreement of the Parties or the Governing Board prior to the
start of operations at the Lab .
12. Termination and Withdrawal:
a. Any Party may withdraw from this Agreement with or without cause
upon no less than six (6) months prior written notice to each of the
members of the Board . Notwithstanding a Party's withdrawal , the
withdrawing Party shall continue to be liable for its share of all costs
incurred hereunder prior to receipt of not ice of withdrawal until such
liabilities are paid in full. Upon withdrawal by any Party hereunder , the
remaining Parties shall reapportion the required contributions for
continued operations of the Lab amongst the remaining Parties
according to the formula contained in Section 6.b .i.a ., above .
b. This Agreement shall not be construed to create a multiple year
fiscal obligation for any of the Parties. The payment of Party
obligations hereunder in fiscal years subsequent to the year of
execution are contingent upon the annual appropriation of
funds for this Agreement by a Parties legislative body . If funds
for this Agreement are not appropriated in the year subsequent to
any fiscal year of this Agreement a Party may withdraw from this
Agreement. Such withdrawal shall not impose any penalty against
8
the withdrawing Party in the event of a failure to appropriate sufficient
funds. Upon withdrawal by any Party hereunder, the remaining Parties
shall reapportion the required contributions for continued operations of
the Lab amongst the remaining Parties according to the formula
contained in Section 6 .b .i.a ., above .
c . Upon the unanimous agreement of the Parties , this Agreement may
be terminated in full at the end of any Lab operations fiscal year. In
order to effectuate such termination, the Board must give each Party at
least six (6) months' notice of the desire to terminate this Agreement.
Upon termination under this subsection (c), all capital equipment shall
remain the property of Jefferson County except as otherwise approved
by the Board as set forth herein. All Lab funds shall be distributed
amongst the Parties upon termination hereunder on a pro rata basis in
accordance with shares determined by the contribution formula in
Section 6.b.i.a ., above .
d . In the event that any Party defaults on a payment or any other
financial obligation hereunder, the County of Jefferson shall provide
written notice to the defaulting Party, with a copy to all Board
members , of the nature of the default and the defaulting Party shall
have thirty (30) days from the receipt of such notice to cure such
default. If such default is not cured within the 30 days, then the
defaulting Party shall be prohibited from any further use of the Lab and
may be deemed by the Board to have terminated its participation under
this Agreement. Upon a determination by the Board hereunder that a
Party has terminated its participation, the Board shall deliver written
notice of such termination to the defaulting Party which termination
shall be effective immediately upon receipt. By the unanimous decision
of the Board, any defaulting Party may re-join the Lab as a Party at a
later date provided any outstanding default has been cured. Upon
termination of any party hereunder, remaining Parties shall reapportion
the required contributions for continued operations of the Lab amongst
the remaining Parties according to the formula contained in Section
6.b .i.a., above .
e . In the event of termination of this Agreement for any reason , all
evidence located at the Lab shall be returned to the Party which
supplied said evidence.
13.Additional Parties: The Parties understand and agree that additional
towns, municipalities or counties , including without limitation those served by
the Jefferson County Sheriff, (each, an "Additional Entity") may wish to join
this Agreement. The Board must prov ide unanimous approval of an Additional
Entity as a precondition to any Additional Entity joining this Agreement as a
Party. If the governing body of an Additional Entity approves its participation
as a Party to the Agreement, prior to becoming a Party entitled to use the
Lab, the Additional Entity must first pay a sum as determined by the Board .
9
Thereafter , all cost sharing will be recalculated prospectively to include any
Additional Entity or Entities based the formula provided in Section 6.b.i.a .,
above .
14. Entire Agreement: This Agreement constitutes the entire agreement
between the Parties and supercedes all other prior and contemporaneous
agreements , presentations and understandings of the Parties regarding the
subject matter of the Agreement. No supplement , modification or amendment
of this Agreement shall be binding unless executed in writing by all the
Parties .
15. Colorado Law: This Agreement shall be governed solely by the laws of
the State of Colorado . Venue for any litigation shall be in the District Court of
the County of Jefferson , Colorado.
16. Severability: If any term , covenant, or condition of this Agreement is
deemed by a court of competent jurisdiction to be invalid , void or
unenforceable , the remaining provisions of this Agreement shall be binding
upon the Parties.
17. Binding Agreement; Survival of Terms:
a . Notwithstanding withdrawal of any Party 's participation hereunder
under Section 12 a. above , mutual termination under Section 12 . c.
above , or termination for default under Section 9 .. d . above , the
withdrawing or terminated Party shall continue to be liable to the
County of Jefferson for its share of the costs of the Lab as provided in
Section 6 , and for any outstanding, unpaid liability for equipment
purchased for the Lab under Section 6, or any other liabilities incurred
prior to receipt of notice of withdrawal of that Party 's participation or
termination for default. These liabilities shall survive termination or
expiration of the Agreement in whole or in part and shall remain a
binding obligation of each Party until paid in full. In addition to the
foregoing , the obligation of each Party under Sections 9 and 10
(Indemnification and Insurance) shall survive termination or expiration
of this Agreement , or that Party 's participation hereunder. All other
costs owed by that Party under this Agreement shall be immediately
due and payable within thirty (30) days of the last day of that Party 's
participation in this Agreement.
b. Except as set forth in Section 7. no Party , other than the County of
Jefferson , shall have any ownership in the Lab facility or its equipment.
c. Without lim iting the provisions of Section 15 , the Parties understand
and agree that this document constitutes a legally enforceable contract
and that in the event any Party defaults on its financial obligations
hereunder , any one or all of the Parties not in default may enforce the
terms of this Agreement.
10
18. Authority: By executing this Agreement, each Party warrants that the
representative signing below has been duly authorized by all appropriate
actions of that Party's governing body to enter into and execute this
Agreement, and that this Agreement represents a legal, valid and binding
obligation of each Party, enforceable upon it in accordance with its terms and
by application of equitable principles if equitable remedies are sought, except
as enforceability may be limited by applicable bankruptcy or similar laws.
19. Execution by Counterparts. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which
shall constitute one and the same instrument. Electronic or facsimile delivery
of a fully executed copy of the signature pages below shall constitute an
effective and binding execution of this Agreement.
[Signatures appear on the following pages.)
11
Assistant County Attorney
STATE OF COLORADO
COUNTY OF JE F F E RSON
STATE OF COLORADO
~ N~ier
Tide: Chairman, Board of County
Commissioners
COUNTY OF JEFFERSON . (li.
The foregoing instrument was acknowledged before me this v?o-''day of cdJti£..,,1
___ , 2013 by Donald Rosier as the Chairman of the Board of County Commissioders of
of Jefferson County, Colorado.
JANICE M FREDRlCKSEN
NOTARY PUBUC STATEOf~=
Ho\8rY 10 1~05123no15
t11y eommtrston ExpifM
Notary Public
W~3) 2CJIS=::
Commission expiration date
12
CITY OF WHEAT RIDGE
STATE OF COLORADO
Name:
Title:
ATIEST:
Name:
Title: City Clerk
13
C ITY OF ARVADA
STATE OF COLORADO
Name:
Title:
ATIEST:
Name:
Title: City Clerk
14
CITY OF GOLDEN
STATE OF COLORADO
Name:
Title:
ATTEST:
Name:
Title: City Clerk
15
Commissioner Tighe moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC13-188
RE: Sheriff-Intergovernmental Agreement-Jefferson County Sheriff's
Office, Lakewood Police Department, Arvada Police Department, Golden
Police Department and Wheat Ridge Police Department to Regionalize
Forensic Crime Laboratory Services
Resolved that the Board of County Commissioners hereby approves an
intergovernmental agreement between the Jefferson County Sheriff's Office,
Lakewood Police Department, Arvada Police Department, Golden Police
Department, and Wheat Ridge Police Department to regionalize forensic crime
laboratory services for Jefferson County law enforcement agencies.
Commissioner Griffin seconded the adoption of the foregoing Resolution.
The roll having been called, the vote was as follows:
Commissioner Casey Tighe
Commissioner Faye Griffin
Commissioner Dona·ld Rosier, Chairman
Aye
Aye
Excused
The Resolution was adopted by majority vote of the Board of County
Commissioners of the County of Jefferson, State of Colorado .
Dated: May 14, 2013
~~A~
... ~ -r City of • .. fP!:Wheat&9ge ~DM I N I STRAT J VE SERV ICES
Memorandum
TO: Mayor and City Council
FR O M: Patrick Goff, City Manager
DATE: July 15 , 2013
SUBJECT : Sales and Use Tax Ballot Initiative Update
City Council directed staff to move forward with a ballot initiative requesting a 1% increase to
the City sales and use tax rate . This increase would generate approximately $6 million dollars in
additional revenue annually to fund general operating expenses and capital improvement
projects. In June, I provided Council with a timeline for approval ofballot language and had
preliminary discussions regarding the messaging strategy for presenting the ballot question to
residents. The following is the timeline for approving ballot language based on the Jefferson
County election calendar:
August 2n d-Ballot language from MDKR due for packet
August 1 ih -Ordinance on 1st Reading
August 26th -Ordinance on 2nd Reading
September 6th -Ballot language due to County Clerk
September -November s•h , Campaigning (Non-City sponsored activities)
Attached for your review is a draft of the ballot language for the proposed sales tax increase.
Because this ballot question is subject to TABOR requirements , most of the language in the draft
is non-negotiable, but the bulleted points can be changed or deleted . Staff would like feedback
on the draft language to ensure it reflects Council's intent for the use of increased revenues. The
current language has been reviewed and approved by the City attorney.
Also included for your review is a list of talking points based on Council feedback at the June
1 ih Study Session. These talking points reflect Council 's desire to focus on the need for
substantial investment into the community's infrastructure, the desire to maintain a low overall
tax burden for residents and businesses and the desire to ensure a financially sustainable
community providing quality services to the community. Staff would like feedback on the
talking points so changes can be made prior to the district meeting scheduled for July 29th .
PG/nm
ATTACHMENTS :
1. 2013 Sales and Use Tax Increase Ballot Question DRAFT
2 . 2013 Sales and Use Tax Talking Points DRAFT
DRAFf LANGUAGE FOR BALLOT QUESTION
SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6 .0 MILLION
ANNUALLY IN THE FIRST FULL YEAR, AND BY WHATEVER ADDITIONAL
AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR, WHICH
REVENUES SHALL BE USED TO INVEST IN THE COMMUNITY TO IMPROVE
AND ENHANCE THE QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS AND
SECURE THE CITY 'S FINANCIAL FUTURE THROUGH , BUT NOT LIMITED TO
THE FOLLOWING:
• ROAD CONSTRUCTION AND MAINTENANCE TO PROVIDE A SAFE
AND PEDESTRIAN FRIENDLY TRANSPORTATION SYSTEM
• REVITALIZATION EFFORTS TO ENSURE THE CITY IS FISCALLY
SOLVENT IN THE LONG-TERM
• TECHNOLOGY IMPROVEMENTS FOR MORE EFFICIENT GOVERNMENT
OPERATIONS
THROUGH AN INCREASE TO THE CITY'S SALES AND USE TAX RATE OF ONE
CENT ON EACH ONE DOLLAR PURCHASE, OR 1 PERCENT (1.0 %) AND SHALL
THE CITY BE PERMITTED TO COLLECT AND SPEND THE REVENUES FROM
SUCH INCREASE WITHOUT REGARD TO THE LIMITATIONS OF ARTICLE X ,
SECTION 20 OF THE COLORADO CONSTITUTION?
Attachment 1
Sales and Use Tax Ballot Talking Points
• The sales tax increase represents just one cent on the dollar.
• We estimate that 50% of the sales tax increase will be collected from non-
residents travelling through the City. We want to capture the benefits of our
access to 1-70 and the additional traffic we continue to see on Wadsworth and
Kipling Boulevards.
• We have proven ourselves to be fiscally responsible, with year-end surpluses and
zero debt.
• We need a new revenue source to leverage our current funding.
• It 's time we talk about reinvesting in our services .
• It is important our residents w1derstand that unless we do something to encourage
economic development it is going to pass us by. New business means additional
business activity which is good for our existing businesses. This is good financial
planning.
• New retail establishments won't come to Wheat Ridge unless we have the
adequate infrastructure in place.
• Infrastructure maintenance is a CORE function of the City and we are fa11ing
behind.
• We want to maintain a low overall tax burden for our homeowners and
businesses.
• Homeowners and businesses in Wheat Ridge pay lower property taxes than most
communities in Colorado (Metro Avg. 7.044 mils , Wheat Ridge, 1.830 mils).
• Total tax burden in Wheat Ridge will sti11 be relatively low compared to other
communities.
• Building a Better Future for Wheat Ridge.
Attachment 2