HomeMy WebLinkAboutCity Council Agenda Packet 08/26/20136:45-Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 26, 2013
7:00p.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 .
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF August 12, 2013
PROCLAMATIONS AND CEREMONIES
Police Department Citizen Award Presentation -Melissa Romero
GFOA Budget Award 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 PUBLIC HEARING ROSTER before the item is called to be
heard.
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.1 Council Bill No. 12-2013 -submitting a ballot question to the voters of the City at the
November 5, 2013 Election, concerning an increase in the Sales and Use Tax Rate
CITY COUNCIL AGENDA: August 26 , 2013
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURN TO SPECIAL STUDY SESSION
Page -2-
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August12.2013
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m .
ROLLCALL OF MEMBERS
Joyce Jay
Joseph DeMott
Davis Reinhart
Tracy Langworthy
Bud Starker
George Pond
Kristi Davis
Mike Stites
Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney,
Gerald Dahl ; City Manager Patrick Goff; Police Chief Dan Brennan ; Community
Development Director, Ken Johnstone ; other staff, guests and interested citizens.
APPROVAL OF MINUTES OF July 22. 2013
Motion by Counci lmember Stites for approval of the Minutes of July 22 , 2013 ;
seconded by Councilmember Starker; carried 6-0-2, with Councilmembers Stites and
Davis abstaining due to their absence from that meeting.
PROCLAMATIONS AND CEREMONIES
Police Department C itizen Award Presentation -Ron Kiefel
Chief Brennan presented Ron Kiefel with the Wheat Ridge Police Department Citizen
Award and Police Ceremonial Challenge Coin . School Resource Officer Barry Malloy
became aware of a 9-year old victim of bullying by two 12-year olds. During this
incident the 9-year old 's bicycle was damaged , making it unridable and in need of
repair. The victim 's mother wouldn't file a police report for fear of retaliation, and, being
a single mother, didn't have the funds to repair the bike . Officer Malloy solicited help
from WR Cyclery and thei r employees gladly fixed the bike at no cost. This act of
generosity touched the victim 's fam il y and is indicative of how their business is run and
why it is so successful. WR Cyclery is a positive reflection of our humble community .
Mr. Kiefel thanked the City and introduced his service manager, Doug Biddle , who was
responsible for taking care of this young gentleman . Cycling and seeing kids riding and
getting a sense of freedom and who they are is important to them. They are glad to be
able to he lp the commun ity in this way .
City Council Minutes August 12, 2013 Page 2
CITIZENS' RIGHT TO SPEAK
Kathy Tolman spoke about the Jeffco 5 Grassroots Coalition which supports Jefferson
County having 5 county commissioners. This is a possible ballot issue for 2014.
Thomas Slattery, representing Wheat Ridge United Neighborhoods, announced that
the annual Election Forum will be held Wednesday, October 2 in the Council Chambers.
There will be questions for the City candidates, speakers for and against ballot issues,
as well as School board candidates and whatever else is on the ballot. He solicited
question ideas from interested persons in the City. He thanked the Council and City
Manager for again allowing WRUN to use the Council Chambers and the television
video services.
Janeece Hoppe announced the last Cruiser Crawl of the season this Thursday. Meet
in front of WR Cyclery. She noted a worm com posting class will be coming up, and
there will be a chili contest at the Carnation Festival on Saturday.
PUBLIC INPUT ON THE 2014 BUDGET
Joseph Giordano, who moved here a few years ago and is treasurer of WR 2020, is
impressed with 381h Avenue. He said there is still work to do and encouraged Council to
continue funding for WR2020 and community development efforts .
Janeece Hoppe, of Compass Construction, board member ofWR2020 and the WR
Business District and committee member for Ridge at 38, spoke in support of continued
funding for WR2020 and Ridge at 38 events.
Britta Fisher, executive director of WR2020, spoke in support of continued funding for
community events and programs and economic development.
Eric Wilson, a member of the bicycle pedestrian advisory team, encouraged continued
funding for bicycle/pedestrian projects.
Susan Motika encouraged funding for active transportation and multi-modal
connections throughout the City. She believes that bike lanes on Pierce between 26th
and 44th should be a priority.
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.1 Council Bill No. 11-2013-amending Sections 4-1, 4-8 and 4-31 of the Wheat
Ridge Municipal Code concerning the licensing of dogs and cats
City Council Minutes August 12, 2013 Page 3
Mayor DiTullio opened the public hearing.
Council Member DeMott introduced Council Bill11-2013.
This ordinance reflects the recommendations of the County, as reviewed by both City
staff and the animal Welfare and Control Commission, to make the following changes to
the City Code:
1) Amend all references from "Jefferson County" to the "Licensing Administrator,"
defined as the person or entity delegated the authority to issue dog licenses and
collect fees;
2) Delete the reference to the cat vaccination requirement being triggered by the
appearance of the eat's first permanent teeth, as this method of verification
should only be conducted by a licensed veterinarian;
3) Amend the age at which dog vaccination and licensing is required from six
months to four months, making this requirement consistent with the current
recommendations of federal, state, and county agencies; and
4) Delete references to "a current U.S.D.A. licensed rabies vaccine", as it is
unnecessary; licensed veterinarians will only use licensed vaccines.
City Clerk Shaver assigned Ordinance number 1540.
Heather Cameron, director of the Foothills Animal Shelter thanked the City for these
changes in the licensing program. This will reflect the working relationship between the
City and Foothills Animal Shelter and help sustain their lean, 24-hour operation
There was no public comment.
Mayor DiTullio closed the public hearing .
Motion by Councilmember DeMott to approve Council Bill No. 11-2013, an ordinance
amending Sections 4-1, 4-8 and 4-31 of the Wheat Ridge Municipal Code concerning
the licensing of dogs and cats, on second reading and that it take effect 15 days after
final publication; seconded by Councilmember Pond ; carried 8-0 .
2 . Council Bill No. 10-2013-adopting by reference the 2011 Edition of the National
Electrical Code, providing penalties for violations thereof and amending portions
of Chapter 5 of the Wheat Ridge Code of Laws concerning Electrical Inspections
Mayor DiTullio opened the public hearing .
Councilmember Starker introduced Council Bill 10-2013 and read the executive
summary.
This ordinance adopts the National Fire Protection Association's 2011 National Electric
Code and will bring the City's regulations and requirements closer to uniformity with the
state and other jurisdictions that have adopted it.
City Council Minutes August 12 , 2013 Page 4
City Clerk Shaver assigned Ordinance number 1541 .
There was no staff report, questions from the Council or public comment.
Mayor DiTullio closed the public hearing .
Motion by Council member Starker to approve Council Bill No . 10-2013, an ordinance
adopting by reference the 2011 Edition of the National Electrical Code, providing
penalties for violations thereof and amending portions of Chapter 5 of the Wheat Ridge
Code of Laws concerning Electrical Inspections, on second reading and that it take
effect on November 1, 2013; seconded by Councilmember Stites; carried 8-0 .
ORDINANCES ON FIRST READING
~ Council Bill12-2013-An Ordinance submitting a ballot question to the voters of
the City at the November 5, 2013 Election, concerning an increase in the Sales
and Use Tax Rate.
Councilmember Starker introduced Council Bill 12-2013 and read the wording for the
ballot question:
SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6.5 MILLION IN
CALENDAR YEAR 2014 THROUGH AN INCREASE IN THE CITY'S SALES AND USE
TAX RATE OF ONE CENT (1%) ON EACH ONE DOLLAR, AND BY WHATEVER
ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR,
WHICH REVENUES SHALL BE INVESTED IN THE COMMUNITY TO IMPROVE AND
ENHANCE THE SAFETY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS
AND SECURE THE CITY 'S FINANCIAL FUTURE THROUGH, BUT NOT LIMITED TO
THE FOLLOWING :
• ROAD AND BRIDGE CONSTRUCTION ; STORMWATER DRAINAGE
CONSTRUCTION AND MAINTENANCE ; AND CAPITAL MAINTENANCE TO
PROVIDE A SAFE AND EFFECTIVE CITY INFRASTRUCTURE SYSTEM
• INVESTING IN CAPITAL PROJECTS THAT SUPPORT THE BUSINESS
GROWTH OF OUR COMMUNITY
AND SHALL THE CITY BE PERMITTED TO COLLECT, RETAIN AND SPEND THE
REVENUES FROM SUCH INCREASE, INCLUDING ALL INTEREST DERIVED
THEREFROM, WITHOUT REGARD TO THE REVENUE RAISING, DEBT LIMITATION
OR OTHER RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
City Council Minutes August 12, 2013 Page 5
Motion by Councilmember Starker to approve Council Bill No. 12-2013, an ordinance
submitting a ballot question to the voters of the City at the November 5, 2013 Election,
concerning an increase in the Sales and Use Tax Rate, on first reading, order it
published, public hearing set for Monday, August 26, 2013 at 7:00 p.m. in City Council
Chambers, and that it take effect immediately upon adoption; seconded by
Councilmember DeMott; carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
4. Motion to approve the award of RFP-13-11 to RMC Consultants Incorporated for
Environmental Consulting Services related to an EPA Brownfields Assessment
Grant for a Not-to-Exceed amount of $280,000
Councilmember Stites introduced Agenda Item #4.
The City received a $400,000 grant from the EPA in 2012 to do environmental
assessments on potentially contaminated properties within the City.
Motion by Councilmember Stites to approve the award of RFP-13-11 to RMC
Consultants Incorporated for Environmental Consulting Services related to an EPA
Brownfields Assessment Grant for a Not-to-Exceed amount of $280,000; seconded by
Councilmembers Davis and Reinhart;
Dan Schneider of Terracon spoke. His company was involved in the bid process for
this project and was not awarded the bid. They have filed a formal protest. He believes
the City should reevaluate the decision to award the bid to RMC. He had a handout for
Council which showed comparison of the Unit Pricing between his firm, Terracon, and
RMC .
Mr. Dahl advised Council they can approve the motion, deny it or continue it for future
action. A protest does not prevent action. Even if Council approves the contract, staff
will still review the protest and bring the matter back to Council if they think it should be.
Mr. Johnstone stated that it had been a very competitive process with 15 separate bids.
Staff believes RMC emerged at the best candidate for the City.
Motion carried 7-1, with Mr. Starker voting no.
CITY MANAGER'S MATTERS
Mr. Goff introduced our new Public Works Director, Scott Brink, who started today. He
comes from a suburb of Minneapolis that is similar in many ways to Wheat Ridge.
CITY ATTORNEY'S MATTERS
City Council Minutes August 12, 2013 Page 6
CITY CLERK'S MATTERS
ELECTED OFFICIALS' MATTERS
Joseph DeMott said that following some comp laints he had two weeks ago, and some
concerns from business owners and citizens, he sent out an email to the Council about
the leaking of sales tax information. He followed the procedure recommended in the
CIRSA handbook . This is not meant to be political; it is a very legitimate concern of his .
He takes the privacy of sales tax information very seriously, and thinks a sales tax leak
must be taken seriously and investigated .
Motion by Mr. DeMott to direct the City Attorney to conduct an investigation regarding
the leak of tax information to Councilmember Reinhart from City Manager Patrick Goff
and determine where else and to whom that tax information may have landed; and
further that the City Attorney brief the Council at the next regular business meeting on
the concluding information as well as the true process of obtaining tax records, who is to
be trusted with this information on a regular basis, and if it indeed is being kept secret
and by whom; seconded by Mr. Stites.
Mr. Dahl described the investigative process to Council. He or someone in his office or
some outside council will review emails and the documents that were produced,
interview named and identified parties that may have been involved , and assemble that
information in report form that would be delivered to the Council., along with any
recommendations that may result.
Kristi Davis said it is good that this be investigated and she hopes hearsay doesn't
flourish while we wait for the results of the investigation. -Joyce Jay agreed with Ms .
Davis and said she always welcomes clarity of information.
Mr. Dahl said since the motion contains an individual councilmember's conduct, that
member must abstain. Mr. Reinhart said he would be abstaining.
Motion carried 7-0, with Mr. Reinhart abstaining.
Kristi Davis thanked the City staff for their work on development, WR2020 for helping
and the Council for wanting to move forward. -She said Council thought long and hard
about the tax increase . All things considered, the sales tax will be something that can
be absorbed fairly by all citizens and also by people who visit the city . She believes this
is necessary for the city to move forward. She is available to answer questions and will
probably be knocking on some doors .
Bud Starker welcomed the new Public Works Director.
City Council Minutes August 12, 2013 Page 7
Davis Reinhart announced that the formal opening of the facility across the street is
this Wednesday at 3:00pm.
Joyce Jay mentioned the Carnation Festival this weekend on Friday and Saturday . -
Regarding the sales tax increase she is delighted to be offering this to the public to
make a decision about whether they want to add this 1 cent tax increase.
Mike Stites reminded folks that the parade starts at 10 this Saturday. His "positive
thing": the amount of large dumpsters he sees around town showing that homeowners
and businesses are remodeling, doing landscaping and the like-investing in the
community.
Meeting adjourned at 8:00 pm .
APPROVED BY CITY COUNCIL ON August 26, 2013 BY A VOTE OF __ to __
Davis Reinhart, Mayor protem
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.
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ITEMNO:-.k
DATE: August 26 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 12-2013 AN ORDINANCE
SUBMITTING A BALLOT QUESTION TO THE VOTERS OF
THE CITY AT THE NOVEMBER 5, 2013 ELECTION,
CONCERNING AN INCREASE IN THE SALES AND USE
TAX RATE
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING (08 /12/2013)
cgj ORDINANCES FOR 2ND READING (08 /26/2013)
QUASI-JUDICIAL: D YES cgj NO
CiR~~
ISSUE:
City Council directed staff to move forward with a ballot question requesting a 1% increase to
the City sales and use tax rate. To include this question on the 2013 ballot, the City Council must
set the final ballot language and submit to the Jefferson County Clerk and Recorder by
September 6th . Setting the ballot language by ordinance requires a first reading on August 12 th
and a second reading and public hearing on August 26th to meet this deadline.
PRIOR ACTION:
The Mayor and City Council held their annual strategic planning retreat on May 1 ih and 18 1h.
The primary focus of the retreat was to review the City's current financial status and to discuss
strategies for improving the City 's long-term financial situation. Council agreed to move forward
with a ballot question at the November 2013 election to ask voters for an increase in the City's
sales and use tax rate by I %. The Mayor and Council reviewed and finalized ballot language at
the July 15th and August 5111 study sessions.
Sales and Use Tax Increase Ballot Language
August 26, 2013
Page 2
FINANCIAL IMPACT:
Based on estimated sales and use tax revenues for fiscal year 2013, a one percent increase in the
tax rate would generate approximately $6.5 million in 2014.
BACKGROUND:
The City's primary revenue source is sales and use tax, equating to approximately 70% of total
General Fund revenues. The City's current tax rate is 3% which is equal to or lower than most
Denver metro area cities. In addition, Wheat Ridge has one of the lowest property tax mill levy
rates in the state at 1.830 mills. On a house valued at $250,000, the City receives only $36 a year
in property taxes. Most other Denver metro area cities also impose other fees on their residents
such as a stonnwater fee to fund stonnwater drainage issues. The City of Wheat Ridge does not
impose this fee or many other types of fees that are common in other cities to help fund
maintenance and construction projects.
The City of Wheat Ridge is responsible for an extensive list of assets totaling over $55 million.
These assets include land, buildings, vehicles, machinery and equipment, infrastructure and
software. The City has over 133 miles of streets to repave, re-strip, sweep and plow on a regular
basis and 36 miles of stonn water drainage infrastructure to unclog and clean regularly. Over 200
vehicles and large pieces of equipment, such as police patrol cars and snowplows, must be
maintained adequately to ensure City staff can provide a safe community for our residents. The
Parks and Recreation Department is responsible for over 42 sites that include parks, open space,
recreation centers, and other visual green space totaling approximately 430 acres.
When funding is limited, the list of postponed repairs and maintenance of these assets can
become very long-very fast. Projects that are put on hold, repairs that are neglected and
preventative maintenance that is ignored add up to a costly and complex problem. Unfortunately,
in the City of Wheat Ridge we currently have approximately $5.0 million in deferred
maintenance that is considered critical. This total includes over $4.0 in street pavement
rehabilitation, $500,000 in Americans with Disabilities Act (ADA) sidewalk deficiencies and
$320,000 in bridge deficiencies.
In addition to the City's unfunded deferred maintenance backlog, staff has identified over $267
million in community investments that are essential to the quality of life of Wheat Ridge
residents and to the long-tenn fiscal and environmental sustainability of the community. These
needs include investments in street reconstruction, bicycle and pedestrian trails, storm water
drainage improvements park improvements, undergrounding of utility lines, and improvements
to municipal operating facilities.
Residents also request on a regular basis additional or new investments in the City's assets to
improve their quality of life. With the recent heavy rains, the lack of an adequate storm water
drainage system has prompted many residents to contact the City after their garages or lawns
were flooded. Speeding vehicles through neighborhoods prompt citizens to ask for more police
patrol or traffic calming infrastructure to slow down drivers. Our environmentally and health
conscious culture has encouraged residents to find alternatives to the car and the City is
Sales and Use Tax Increase Ballot Language
August 26,2013
Page 3
continuing to receive many requests for additional mobility options such as sidewalks and bike
lanes.
These investments take a considerable amount of resources to fund and complete. For the City to
construct and maintain a modem day storm water drainage system, City staff estimates the City
needs approximately $1.0 million per year for such a system. The City would need over
$500,000 a year to address neighborhood safety concerns caused by speeding vehicles. Similarly,
to fund and address the recommendations in the City's Pedestrian and Bicycle Master Plan, to
construct additional sidewalks and bike lanes throughout the community, an additional $500,000
per year would be required.
City expenses continue to increase at a faster rate than revenues. City Council has taken a hard
look at the City budget and has determined that in order to provide a base level of service to its
residents, additional budget cuts are not possible. To continue to provide services and programs
to the residents of Wheat Ridge, City Council has had to use reserve funds to balance the budget.
The City's policy is to maintain a minimum reserve level of 17% of General Fund expenditures
which equates to approximately $5.0 million today. It is estimated that the City will spend down
its reserves to 17% by 2014 and therefore adequate funding for critical repairs and maintenance
of the City's assets will no longer be available.
RECOMMENDATIONS:
Staff recommends approving the council bill as presented, on second reading.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 12-2013, an ordinance submitting a ballot question to the
voters of the City at the November 5, 2013 election, concerning an increase in the sales and use
tax rate, on second reading, and that it takes effect immediately upon adoption."
Or,
"I move to postpone indefinitely Council Bill No. 12-2013, an ordinance submitting a ballot
question to the voters of the City at the November 5, 2013 election, conceming an increase in the
sales and use tax rate, for the following reason(s) "
REPORT PREPARED BY;
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill 12-2013
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STARKER
Council Bill No. 12
Ordinance No. ----Series of 2013
TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS
OF THE CITY AT THE NOVEMBER 5, 2013 ELECTION, CONCERNING AN
INCREASE IN THE SALES AND USE TAX RATE
WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the
authority to refer ballot questions to the electorate pursuant to Section 6.3 of the Home
Rule Charter and CRS 31-11-111; and
WHEREAS, the Council wishes to refer a ballot question concerning an increase
in the City's sales and use tax rate.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Ballot question referred.
The following ballot question is hereby referred to the electorate of the City at the
November 5, 2013 election:
SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6.5 MILLION IN
CALENDAR YEAR 2014 THROUGH AN INCREASE IN THE CITY'S SALES AND USE
TAX RATE OF ONE CENT (1%) ON EACH ONE DOLLAR, AND BY WHATEVER
ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR,
WHICH REVENUES SHALL BE INVESTED IN THE COMMUNITY TO IMPROVE AND
ENHANCE THE SAFETY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS
AND SECURE THE CITY'S FINANCIAL FUTURE THROUGH, BUT NOT LIMITED TO
THE FOLLOWING:
• ROAD AND BRIDGE CONSTRUCTION; STORMWATER DRAINAGE
CONSTRUCTION AND MAINTENANCE; AND CAPITAL MAINTENANCE TO
PROVIDE A SAFE AND EFFECTIVE CITY INFRASTRUCTURE SYSTEM
• INVESTING IN CAPITAL PROJECTS THAT SUPPORT THE BUSINESS
GROWTH OF OUR COMMUNITY
AND SHALL THE CITY BE PERMITTED TO COLLECT, RETAIN AND SPEND THE
REVENUES FROM SUCH INCREASE, INCLUDING ALL INTEREST DERIVED
THEREFROM, WITHOUT REGARD TO THE REVENUE RAISING, DEBT LIMITATION
OR OTHER RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
Attachment 1
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the City
of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public
and that this Ordinance is necessary for the preservation of health and safety and for
the protection of public convenience and welfare. The City Council further determines
that the Ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed
Section 4. Effective Date. This Ordinance shall take effect immediately upon
adoption at second reading, as permitted by the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 12th day of August, 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 August 26, 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
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 15, 2013
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
2
~ ',
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ITEM NO: 2.
DATE: August 26,2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 29-2013 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 5, 2013.
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES
ISSUE:
The City of Wheat Ridge will participate in a coordinated election on November 5,
2013. The attached Resolution and Intergovernmental Agreement must be executed
and forwarded to Jefferson County by Tuesday, August 27, 2013. The documents
refer to the respective duties of the County and the City of Wheat Ridge regarding the
administration of their respective duties concerning the conduct of the Coordinated
Election. The duties of the County Clerk include, but are not limited to ballot
preparation, voter lists, staff selection and training, providing election supplies,
counting of the ballots, and certification of results. The duties of the City of Wheat
Ridge include, but are not limited to Call and Notice and ballot preparation. The City
Clerk shall act as the City of Wheat Ridge's "Election Officer" and the designated
election official. She shall act as the primary liaison between the City of Wheat Ridge
V :\Forms\CAFtemplate
Council Action Form
August 26, 2013
Page 2
and the Contact Officer for the County Clerk and Recorder.
PRIOR ACTION:
None
FINANCIAL IMPACT:
The City of Wheat Ridge shall pay its pro-rated costs (defined below) for all services,
equipment, forms and supplies provided by the County Clerk pursuant to this Agreement. In
addition, the Jurisdiction shall pay the pro-rated costs for all County employee overtime and
temporary employee regular and overtime solely related to the preparation and conduct of the
Election at each employee's rate or One Thousand Dollars ($1,000), whichever is greater. The
Jurisdiction's pro-rated costs shall be determined in accordance with the formula set forth in the
IGA Exhibit A attached hereto and incorporated herein by this reference.
BACKGROUND:
The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided
by law.
RECOMMENDATIONS:
The County Clerk and the City Clerk, of the City of Wheat Ridge, have determined that it is the
best interests of Jefferson County, the City and their respective inhabitants to cooperate and
contract concerning the Election upon the terms and conditions in the Intergovernmental
Agreement.
RECOMMENDED MOTION:
"I move to approve Resolution 29-2013, authorizing an Intergovernmental Agreement
with the County of Jefferson regarding the Administration of the respective duties
concerning the conduct of the Coordinated Election to be held on November 5, 2013.
Or,
"I move to _________ for the following reason(s) _______ "
REPORT PREPARED BY:
Bruce Roome , Deputy City Clerk
ATTACHMENTS:
1. Resolution 29-2013
2. Intergovernmental Agreement
TITLE:
RESOLUTION NO. 29-2013
SERIES of 2013
RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND
BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO,
AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE
ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING
THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON
NOVEMBER 5, 2013.
WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the
Jefferson County Clerk ("County Clerk") and the City of Wheat Ridge ("City") shall enter
into an agreement for the administration of their respective duties concerning the
conduct of the coordinated election to be held on November 5, 2013 ("Election"): and
WHEREAS, the County Clerk and the City Clerk of the City of Wheat
Ridge (the "City Clerk") are authorized to conduct elections as provided by law; and
WHEREAS, the County Clerk will conduct the Election as a "coordinated
mail ballot election" as such term is defined in the Uniform Election Code of 1992,
C.R.S . Title 1, as amended ("Code") and the Current Rules and Regulations Governing
Election Procedures adopted by the Secretary of State, as amended ("Rules"); and
WHEREAS, the City has certain ballot issues and/or ballot questions to
present to its eligible electors and shall participate in this coordinated election; and
WHEREAS, the County Clerk and the City have determined that it is in
the County's and City's best interests to cooperate in connection with the Election upon
the terms and conditions contained in the Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge:
Section 1. The appropriate City Officials are hereby authorized to execute the
Intergovernmental Agreement by and between the City of Wheat Ridge and the County
of Jefferson regarding the administration of the County's and City's respective duties
concerning the conduct of the coordinated election to be held on November 5, 2013
("IGA"), attached hereto as Exhibit A.
Section 2 . For the purposes of the November 5, 2013 election and to carry out
the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code
of 1992.
DONE AND RESOLVED on this 26th day of August, 2013.
Jerry DiTullio, Mayor
AITEST:
Janelle Shaver, City Clerk
EXHIBIT A
Intergovernmental Agreement dated August 26, 2013
INTERGOVERNMENTAL AGREEMENT
TillS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered
into this ..26th day of August , 2013, by and between the CLERK AND RECORDER FOR
THE COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the
City of Wheat Ridge ("Jurisdiction"), collectively referred to as the "Parties."
WITNESSETH
WHEREAS, pursuant to C.R.S. §1-7-116(2), as amended, the County Clerk and the
Jurisdiction shall enter into an agreement for the administration of their respective duties
concerning the conduct of the coordinated election to be held on November 5, 2013 ("Election");
and
WHEREAS, the County Clerk and the Jurisdiction are authorized to conduct elections as
provided by law; and
WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot
election" as such term is defined in the Uniform Election Code of 1992, Title 1, C.R.S., as
amended ("Code") and the Current Rules and Regulations Governing Election Procedures
adopted by the Secretary of State, as amended ("Rules"); and
WHEREAS, the Jurisdiction has certain candidates, ballot issues and/or ballot questions
to present to its eligible electors and shall participate in this coordinated election; and
WHEREAS, the County Clerk and the Jurisdiction have determined that it is in the best
interests of Jefferson County, the Jurisdiction and their respective inhabitants to cooperate and
contract concerning the Election upon the terms and conditions contained herein.
NOW, THEREFORE, for and in consideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
1.01 Goal. The purpose of this Agreement is to set forth the tasks to be
completed by the County Clerk and the Jurisdiction to conduct the Election and to pro-rate the
cost thereof.
1.02 Coordinated Election Official. The County Clerk shall act as the
Coordinated Election Official in accordance with the Code and Rules and as such shall conduct
the Election for the Jurisdiction for all matters in the Code and the Rules which require action
by the Coordinated Election Official.
TM13-00896
The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary
liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the
authority of the County Clerk and shall have the primary responsibility for the coordination of the
Election with the Jurisdiction and completion of procedures assigned to the County Clerk
hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the
Jurisdiction from their official responsibilities for the conduct of the Election.
1.03 Designated Election Official. The Jurisdiction designates
Janelle Shaver as its "Election Officer" to act as primary liaison between the Jurisdiction
and Contact Officer. The Election Officer shall have primary responsibility for the Election
procedures to be handled by the Jurisdiction. Except as otherwise provided in this Agreement,
the Election Officer shall act as the "Designated Election Official" for all matters under the Code
and the Rules which require action by the Designated Election Official. From the date of the last
party's execution of this Agreement through canvass of the Jurisdiction's election following the
Election, the Election Officer shall be readily available and accessible during regular business
hours, and at other times when notified by Contact Officer in advance, for the purposes of
consultation and decision-making on behalf of the Jurisdiction. In addition, the Election Officer
is responsible for receiving and timely responding to inquiries made by their voters or others
interested in the Jurisdiction's election.
1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within
Jefferson County. This Agreement shall be construed to apply only to that portion of the
Jurisdiction within Jefferson County.
1.05 Term. The term of this Agreement shall be from the date of the last
party's execution until December 31, 2013 and shall apply only to the November 5, 2013
election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 County Clerk Duties. The County Clerk shall perform the following
duties for the Election for the Jurisdiction:
A. Voter Registration.
1. Supervise, administer and provide the necessary facilities and
forms for all regular voter registration sites.
2. Notify the Jurisdiction of the certified number of registered electors
residing within the Jurisdiction as of the twenty-second (22nd) day prior to the Election.
TM13-00896 2
B. Ballot Preparation.
I. Layout the text of the ballot in a format that complies with the
Code and the Rules.
2. Provide ballot printing layouts and text for proofreading and
signature approval by the Jurisdiction.
3. Certify the ballot content to the printer(s).
4. Contract for mailed ballot packets with a vendor acceptable to the
County Clerk and remit payment directly to the vendor.
C. Voter Lists.
I. Upon request of the Jurisdiction, create a list of the registered
voters containing the names and addresses of each elector registered to vote in the Jurisdiction.
The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's
standard rate.
2. Upon request of the Jurisdiction, certify the registration list to the
designated representative(s) of the Jurisdiction.
D. Staff. Appoint and train a sufficient number of qualified staff to
adequately serve the number of electors registered to vote at the coordinated election. The
Jurisdiction shall pay a percentage of the total cost for the staff (cost will be determined by using
total hours worked by staff from the certified ballot deadline of September 6, 2013 through and
including the deadline to complete the canvass for the coordinated election, November 22, 2013).
Such percentage shall be determined by dividing the number of voters in the Jurisdiction by the
total number of voters in the County (based upon the total number of active registered voters
through election day). Overhead costs (Regular Time) for permanent employees shall not be
charged to the Jurisdiction.
E. Mail Ballots. Mail the ballot packets as required by the Code and the
Rules.
F. Election Supplies. Provide all necessary equipment, forms and supplies
to conduct the Election, including the County's electronic vote counting equipment. The
Jurisdiction is to be charged the pro-rated costs (as defined in Article IV) of any computer
programs which will count the voted ballots as well as pre-election preventive maintenance and
on-site technical personnel on Election night.
G. Election Day Preparation.
TMIJ-00896 3
l. Prepare a test deck for the pre-election logic and accuracy test to be
conducted prior to the counting of ballots in accordance with C.R.S. § l-7-509(2) and the Rules.
2. Provide necessary electronic vote tabulating equipment (computer),
personnel properly trained in electronic tabulating equipment, facility and equipment and to
arrange for computer running time as necessary for the pre-election logic and accuracy test and
for Election Day.
H. Voted Ballot Deposit
I. Provide a ballot box and seal within the Jurisdiction's primary
business location for the use by all county voters.
2. Provide daily business-day pick-up of the sealed ballot box
containing voted ballots from all assigned locations, and provide a replacement empty ballot box
and seal.
I. Election Day Activities.
I. Provide Election day telephone and in person support from 6:00
a .m. to the conclusion of the count on Election night.
2. Inspect voted ballots , count the ballots and furnish the Jurisdiction
with unofficial results ofthe Election.
J. Counting the Ballots.
I. Conduct and oversee the process of counting the ballots and
reporting the results by Jurisdiction.
2. Establish backup procedures and backup sites for the counting of
the Election should the counting equipment fail during the count. Should the equipment fail, and
it is determined that the counting procedures will not be recovered within a reasonable period of
time, the counting procedures will be moved to a predetermined site for the duration of the
Election counting procedures.
3. Provide personnel to participate in the ballot counting procedures
as accomplished by any electronic vote tabulating equipment used in the Election. The
Jurisdiction personnel shall participate with personnel from the County Clerk's Office to ensure
Jurisdiction participation in each of the electronic vote tabulating procedures that shall be used.
K. Certification of Results.
I. Appoint, instruct and otherwise oversee the board of canvassers.
TMI3-00896 4
2. Certify the results of the Jurisdiction's Election within the time
required by law and forthwith provide the Jurisdiction with a copy of all Election statements and
certificates which are to be created under the Code.
3. In the event a recount is necessary, conduct a recount in accordance
with the law.
4. Conduct the post-election audit of voting equipment and vote-
counting equipment, in accordance with C.R.S. §1-7-509 and the Rules.
L. Storage and Records.
1. Store all election records as required by law. Store all voted and
unvoted ballots for that time required by the Code, store voter affidavits of electors who cast
ballots in the Election for a minimum of twenty-five (25) months in such a manner that they may
be accessed by the Jurisdiction, if necessary, to resolve any challenge or other legal questions that
might arise regarding the Election.
2. Capture the vote history for the County Election Department's vote
history file.
Nothing contained in this Agreement is intended to expand the duties of the County Clerk
beyond those duties set forth in the Code or the Rules.
ARTICLE III
DUTIES OF JURISDICTION
3.01 Jurisdiction Duties. The Jurisdiction shall perform the following duties
for the Election:
A. Authority. Provide the County Clerk with a copy of the ordinance or
resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will
participate in the coordinated Election in accordance with the terms and conditions of this
Agreement. The ordinance or resolution shall further authorize the presiding officer of the
Jurisdiction or other designated person to execute this Agreement.
B. Call and Notice. Publish all notices relative to the Election as required by
the Code, the Rules, the Jurisdiction's Charter and any other statute, rule or regulation.
C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal
descriptions of each precinct, ward and/or voting jurisdiction no later than August 23, 2013.
D. Petitions, Preparation and Verification. Perform all responsibilities
required to certify any candidate and/or initiative petition(s) to the ballot.
TMJ3-00896 5
E. Ballot Preparation.
1. Submit a copy of the list of Candidates, Ballot Issues and/or Ballot
Questions and the titles and summaries of each Ballot Issue or Ballot Question to the County
Clerk in electronic format exactly as the list is to be printed on the ballot pages no later than
September 6, 2013 at 3:00p.m.
2. Proof the layout and text of the official ballot before authorizing
the printing of the ballot by signature approval to the County Clerk.
F. Election Day Preparation. The Jurisdiction shall be responsible for
providing a minimum of one (I) person to represent the Jurisdiction at the pre-election logic and
accuracy test conducted pursuant to C.R.S. §1-7-509(2) and Rule 11.5; and a minimum of one (l)
person to represent the Jurisdiction on the Canvass Board, which shall be established as provided
in C.R.S. §§1-10-202 through 1-10-205. The name ofthe representative shall be submitted to the
Contact Officer on or before October 21, 2013, the 15 1h day prior to the election."
G. Voted Ballot Deposit.
1. Provide a prominent location for a sealed ballot box in which all
county voters may deposit their voted ballot. [The ballot box must be available to voters from
7:00a.m. to 7:00p.m. on Election Day.]
2. Provide constant supervision during business hours for the ballot
box and assure that the ballot box is at no time left unattended.
3. Provide a secure, locked storage location for the ballot box during
all non-business hours.
4. The Jurisdiction is responsible for the secure delivery of the
remaining sealed ballot box to the County Clerk immediately after the polls close on Election
Day.
3.02 Cancellation of Election by the Jurisdiction. In the event that the
Jurisdiction resolves not to hold the Election, then notice of such resolution shall be provided to
the County Clerk immediately. The Jurisdiction shall within thirty (30) days promptly pay the
County Clerk the full actual costs of the activities of the County Clerk relating to the Election
incurred both before and after the County Clerk's receipt of such notice. The Jurisdiction shall
provide notice by publication (as defined in the Code) of the cancellation of the Election and a
copy of the notice shall be posted in the Office of the County Clerk, in the office of the
Designated Election Official (as defined in the Code), at the primary building of the Jurisdiction,
and, if the Jurisdiction is a special district, in the office of the division oflocal government. The
Jurisdiction shall not cancel the Election after the 25th day prior to the Election.
TM13-00896 6
ARTICLE IV
COSTS
4.01 Election Costs. The Jurisdiction shall pay the pro-rated costs (defined
below) for all services, equipment, forms and supplies provided by the County Clerk pursuant to
this Agreement. In addition, the Jurisdiction shall pay the pro-rated costs for all County
employee overtime and temporary employee regular and overtime solely related to the
preparation and conduct of the Election at each employee's rate or One Thousand Dollars
($1 ,000), whichever is greater. The Jurisdiction's pro-rated costs shall be determined in
accordance with the formula set forth in Exhibit A attached hereto and incorporated herein by
this reference.
4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice
for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the
total payment upon receipt of such invoice. Any amount not paid within sixty (60) days after the
date of the invoice will be subject to late interest at the lesser of the rate of 1 Yl% per month or
the highest rate permitted by applicable law.
ARTICLE V
MISCELLANEOUS
5.01 Notices. Any and all notices required to be given to the Parties by this
Agreement are deemed to have been received and to be effective: (1) three (3) days after the
same shall have been mailed by certified mail, return receipt requested; (2) immediately upon
hand delivery; or (3) immediately upon receipt of confirmation that a fax was received; to the
address of the Parties as set forth below or to such Party or addresses as may be designated
hereafter in writing.
To County Clerk:
TM13..0Q896
Pamela Y. Anderson
Jefferson County Clerk and Recorder
Jefferson County Government Center
1 00 Jefferson County Parkway
Golden, Colorado 80419
7
with a copy to:
To Jurisdiction:
Jefferson County Attorney
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
City of Wheat Ridge
City Clerk's Office
7500 W 29th Avenue
Wheat Ridge, CO 80033
5.02 Amendment. This Agreement may be amended only in writing and
following the same formality as the execution of this Agreement.
5.03 Intee;ration. The Parties acknowledge that this Agreement constitutes the
sole agreement between them relating to the subject matter hereof and that no Party is relying
upon any oral representation made by another Party or employee, agent or officer of that Party.
5.04 Indemnification . T o the extent permitted by law, each party agrees to
indemnify, defend and hold harmless the other party, its agents , officers and employees from any
and all losses, costs (including attorney's fees and court costs), demands or actions arising out of
or related to any actions , errors or omissions relating to the duties and responsibilities of the
indemnifying party in the conduct of the Election.
5.05 Conflict of Agreement with Law, Impairment. In the event that any
provision in this Agreement conflicts with the Code, other statute or valid prior resolution or
ordinance duly adopted by the Jurisdiction , this Agreement shall be modified to conform to such
law or resolution. N o subsequent resolution or ordinance of the Jurisdiction shall impair the
rights of the County Clerk or the Jurisdict ion hereunder without the consent of the other party to
this Agreement.
5.06 Time of Essence. Time is of the essence of this Agreement. The time
requirements of the Code and the Rules shall apply to completion of the tasks required by this
Agreement.
TM IJ-00 896 8
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement.
AITEST:
APPROVED AS TO FORM:
David Wunderlich
Assistant County Attorney
ATTEST:
Janelle Shaver, City Clerk
TM13-00896
CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON
STATE OF COLORADO
By ______________________ __
Pamela Y. Anderson
Date -----------------------
JURISDICTION:
By ______________________ __
Name/Title Jerry DiTullio, Mayor
Date August 26.2013
9
HOW TO FIGURE OUT THE ELECTION COST FOR AN ENTITY
1) Each ballot style is comprised of different combinations of entities on the ballot. For
example ballot style 1 might be the County and State only, ballot style 2 might be County,
State, and the Jurisdiction.
2) The total number of voters in each ballot style is determined. These numbers can be
ascertained by running a computer program once the ballot style information is entered
into the system. Then the total number of voters for each entity in a ballot style is
determined by taking the total number of voters in each ballot style and dividing it by the
number of entities in the ballot style. If, using the explanation in number 1, ballot style 2
had I 00 voters, then each entity would have 33 voters because three entities share the
ballot style.
3) The total number of voters a certain entity is responsible for in a ballot style is divided by
the total number of registered voters. The decimal point must be moved over two places
to the right. This will determine the percentage that the entity is responsible for in that
ballot style.
4) After all ballot styles are completed , a running tally of the percentage numbers is done for
each entity to get the grand total of percentage. For example, if the Jurisdiction's
percentage numbers in the ballot styles were .6%, .25%, and 3.5% the grand total of
responsibility would be 4.125%.
5) That percentage grand total is used to find out how much the entity owes for the election.
lfthe Jurisdiction's percentage is 4.125% and the total cost of the election is $200,000,
then the Jurisdiction would owe $8250.00. The decimal point must be moved back two
places to the left to make it whole dollars and not percent.
There is a $1000 minimum so no entity would be charged less than that. All numbers used in the
above explanation are for example and discussion purposes only and are not to be assumed the
amount owed or the estimated amount owed in an election .
TMIJ-00896
Exhibit A
Page 1 of2
10
STYLE NUMBER
NUMBER OF
VOTERS
TOTAL
TM13-00896
(YEAR) (ELECTION TITLE)
(ENTITY'S)
DIVIDE BY TOTAL DIVIDE BY
THE VOTERS TOTAL
NUMBER PER NUMBER
OF ENTITY OF
ENTITIES BALLOTS
ISSUED IN
JEFFCO
(000,000)
TOTAL PERCENTAGE FOR (ENTITY)
PERCENTAGE
PER ENTITY
Exhibit A
Pae:e 2 of2
11
~~~#
... ~ or City of •
:?WlieatRL_dge
ITEM NO: J.
DATE: August 26, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION 30-2013 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 PRODUCTION OF A
MAILED NOTICE CONCERNING BALLOT ISSUES.
(TABOR)
0 PUBLIC HEARING
D BIDS/MOTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
1:8] RESOLUTIONS
QUASI-JUDICIAL: D YES
~ik.~A/ nelle Shaver, City Clerk
ISSUE:
The City of Wheat Ridge will participate in a coordinated election on November 5,
2013. The attached Resolution and Intergovernmental Agreement must be executed
and forwarded to Jefferson County by Tuesday, August 27, 2013. The documents
refer to the respective duties of the County and the City of Wheat Ridge concerning
the production of a mailed notice concerning Ballot Issues that will be submitted to
eligible voters of the City of Wheat Ridge. TABOR requires that notices containing
election ballot issues of multiple jurisdictions be sent as a package where such
jurisdictions overlap.
PRIOR ACTION:
None
Council Action Form
August 26, 2013
Page 2
FINANCIAL IMPACT:
The City of Wheat Ridge shall pay a pro-rated amount for the costs to produce and mail the Notice.
Such pro-ration shall be made based upon the percentage of households in which an "Active"
registered voter resides who is an eligible elector of the Jurisdiction, the number of Ballot Issues, and
the number of pages and partial pages used within the Notice Package for the Jurisdiction's Notice,
in accordance with the formula attached as Exhibit "A". A special district's pro-rated payment will be
based upon the total number of households within Jefferson County and not merely the number of
households within the district. In addition, the Jurisdiction shall pay One Hundred Dollars ($1 00.00)
for each Ballot Issue included in the Notice Package and Fifty Dollars ($50.00) for each page and
partial page on which Jurisdiction's Notice appears.
In addition to the payment set forth in 4.01, the Jurisdiction shall pay Two Hundred Dollars
($200.00) for each Ballot Question included in the Notice Package. If inclusion of the Ballot
Question(s) increases the cost to produce and/or mail the Notice Package, the Jurisdiction shall also
pay for a pro-rated amount based upon the total number of Ballot Questions submitted by all
jurisdictions.
BACKGROUND:
The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided
by law.
RECOMMENDATIONS:
The County Clerk and the City Clerk, of the City of Wheat Ridge, have determined that it is the
best interests of Jefferson County, the City and their respective inhabitants to cooperate and
contract concerning the Election upon the terms and conditions in the Intergovernmental
Agreement.
RECOMMENDED MOTION:
"I move to approve Resolution 30-2013 , authorizing an Intergovernmental Agreement
with the County of Jefferson regarding the Administration of the respective duties
regarding the production of a mailed notice concerning Ballot Issues (TABOR).
Or,
"I move to _________ for the following reason(s) _______ "
REPORT PREPARED BY:
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
1. Resolution 30-2013
2. Intergovernmental Agreement
TITLE:
RESOLUTION NO. 30-2013
SERIES of 2013
RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND
BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO,
AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE
PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT
ISSUES. (TABOR)
WHEREAS, pursuant to Section 29-1-203, C.R.S., as amended, the
County and the City of Wheat Ridge may cooperate or contract with each other to
provide any function or service lawfully authorized to each; and
WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution
("TABOR") and Section 1-7-901, et seq, C.R.S . require the production of a mailed
notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of
1992, Title I, C.R.S ., as amended (the "Code") that will be submitted to eligible voters
of the City of Wheat Ridge in connection with the general election to be held on
November 5, 2013 (the "Election"); and
WHEREAS, TABOR requires that notices containing Election ballot issues
of multiple jurisdictions be sent as a package where such jurisdictions overlap (the
"Notice Package"); and
WHEREAS, the Parties desire to set forth their respective responsibilities
for production and mailing of the Notice Package in connection with the Election.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge that the appropriate City Officials are hereby authorized to execute the
Intergovernmental Agreement by and between the City of Wheat Ridge and the County
of Jefferson regarding the administration of the parties' respective duties concerning the
requirement of a mailed notice concerning Tabor Issues.
DONE AND RESOLVED on this 26th day of August 2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
EXHIBIT A
Intergovernmental Agreement dated August 26, 2013
mTERGOVERNMENTALAGREEMENT
TIDS mTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
this _.26th day of~ 2013, by and between the CLERK & RECORDER FOR THE COUNTY
OF JEFFERSON, STATE OF COLORADO ("County Clerk") and City of Wheat Ridge
("Jurisdiction"), collectively referred to as the "Parties," for the administration of their respective
duties concerning the mailing of notices relating to the Jurisdiction's election to be held on November
5, 2013 ("Election").
WITNESSETH
WHEREAS, pursuant to Section 29-1-203, C.R.S., as amended, the County and the
Jurisdiction may cooperate or contract with each other to provide any function or service lawfully
authorized to each; and
WHEREAS, Article X, Section 20(3)(b) ofthe Colorado Constitution ("TABOR") and
Section 1-7-901, et seq, C.R.S. require the production of a mailed notice ("Notice") concerning Ballot
Issues as defined in the Uniform Election Code of 1992, Title I, C.R.S., as amended (the "Code") that
will be submitted to eligible voters of the Jurisdiction; and
WHEREAS, the Notices of several jurisdictions are to be sent as a package where such
jurisdictions overlap ("Notice Package"); and
WHEREAS, the County Clerk and the Jurisdiction desire to set forth their respective
responsibilities in the production and mailing of the Notice Package in connection with the Election.
NOW, THEREFORE, for and in consideration of the promises herein contained, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I
PURPOSE AND GENERAL MATTERS
1.01 Goal. The purpose of this Agreement is to set forth the tasks to be completed
by the County Clerk and the Jurisdiction to produce and mail the Notice Package for the Election.
Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond
those duties set forth in the Code or the current Rules and Regulations Governing Election Procedures
adopted by the Secretary of State as amended (the "Rules").
1.02 Coordinated Election Official. The County Clerk shall act as the
Coordinated Election Official in accordance with the Code and the Rules and as such shall mail the
Notice Package for the Jurisdiction for all matters in the Code and the Rules that require action by the
Coordinated Election Official.
TM13-00896 1
The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the
primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under
the authority of the County Clerk and shall have the primary responsibility for the coordination of the
Notice for the Jurisdiction and completion of procedures assigned to the County Clerk hereunder.
Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their
official responsibilities for the Notice.
1.03 Desie;nated Election Officer. The Jurisdiction designates Janelle Shaver
as its "Election Officer" to act as the primary liaison between the Jurisdiction and the Contact Officer.
The Election Officer shall have primary responsibility for the procedures to be handled by the
Jurisdiction.
1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within
Jefferson County. This Agreement shall be construed to apply only to that portion of the Jurisdiction
within Jefferson County.
1.05 Term. The term of this Agreement shall be from the date of the last party's
execution until December 31, 2013 and shall apply only to the November 5, 2013 election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 County Clerk Duties. The County Clerk shall perform the following duties
for the Notice for the Jurisdiction:
A. Print the Notice exactly as it is submitted by the Jurisdiction.
B. Determine the order that the Notice from participating jurisdictions shall be
placed in the Notice Package; however, materials supplied by the Jurisdiction shall be kept together
as a group and shall remain in the order submitted by the Jurisdiction.
C. Mail the Notice Package as required by the Code and the Rules. The Notice
shall be produced and mailed by third class standard postage carrier route sort. Nothing herein shall
preclude the County Clerk from sending the Notice or Notice Package to persons other than electors
of the Jurisdiction if such sending arises from the County Clerk's efforts to mail the Notice Package at
"least cost" under the Rules. No other notice shall be mailed. This mail requirement shall constitute
the only Ballot Issue Notice obligation assumed by the County Clerk pursuant to this Agreement.
D. The County Clerk shall print and mail the Notice Package in accordance with
the time deadlines mandated by the Code and the Rules. The County Clerk shall not be responsible
for the failure to meet the Article X, Section 20 constraints if the Notice is not submitted by the
Jurisdiction within the deadlines and form required by this Agreement.
TM13-00896 2
ARTICLE III
DUTIES OF JURISDICTION
3.01 Jurisdiction Duties. The Jurisdiction shall perform the following duties for
the Notice:
A. Provide the County Clerk with a copy of the resolution which states that the
Jurisdiction will participate in the coordinated mailing of the Notice in accordance with the terms and
conditions ofthis Agreement. The resolution shall further authorize the presiding officer of the
Jurisdiction or other designated person to execute this Agreement.
B. Draft the Notice for each Ballot Issue. Ballot Questions (as defined in the
Code) are not required by TABOR, the Code or the Rules to appear in the Notice and will be included
at the Jurisdiction's sole discretion. The Notice shall consist of the title, full text, pro and con
summaries each of 500 words or less, the fiscal information required by TABOR, and such other
information as is required by the Code. The Jurisdiction shall have the sole responsibility for drafting
ofthe Notice in accordance with TABOR, the Code, and the Rules.
C. Submit the Notice to the County Clerk no later than September 24, 2013 at
3:00 p.m. in electronic format.
D. Meet all timelines set forth in the Rules and the Code regarding the Notice.
3.02 Cancellation of Election by the Jurisdiction. In the event that the
Jurisdiction resolves not to hold the Election, then notice of such resolution shall be provided to the
County Clerk immediately. The Jurisdiction shall within thirty (30) days promptly pay the County
Clerk the full actual costs of the activities of the County Clerk relating to the Notice, including
without limitation production and mailing costs, incurred both before and after the County Clerk's
receipt of such notice. The Jurisdiction shall provide notice by publication (as defined in the Code)
of the cancellation of the Election and a copy of the notice shall be posted in the Office of the County
Clerk, in the office of the Designated Election Official (as defined in the Code), and, if the
Jurisdiction is a special district, in the office of the division of local government. The Jurisdiction
shall not cancel the Election after the 25th day prior to the Election.
ARTICLE IV
COSTS
4.01 Payment for Notice of Ballot Issues. The Jurisdiction shall pay a pro-rated
amount for the costs to produce and mail the Notice. Such pro-ration shall be made based upon the
percentage of households in which an "Active" registered voter resides who is an eligible elector of
the Jurisdiction, the number of Ballot Issues, and the number of pages and partial pages used within
the Notice Package for the Jurisdiction's Notice, in accordance with the formula attached as Exhibit
"A". A special district's pro-rated payment will be based upon the total number of households within
Jefferson County and not merely the number of households within the district. In addition, the
Jurisdiction shall pay One Hundred Dollars ($100.00) for each Ballot Issue included in the Notice
TMI3-00896 3
Package and Fifty Dollars ($50.00) for each page and partial page on which Jurisdiction's Notice
appears.
4.02 Payment for Notice of Ballot Questions. In addition to the payment set forth
in 4.01, the Jurisdiction shall pay Two Hundred Dollars ($200.00) for each Ballot Question included
in the Notice Package. If inclusion of the Ballot Question(s) increases the cost to produce and/or mail
the Notice Package, the Jurisdiction shall also pay for a pro-rated amount based upon the total
number of Ballot Questions submitted by all jurisdictions.
4.03 Invoice. The County shall submit to the Jurisdiction an invoice for all
expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total
payment upon receipt of such invoice. Any amount not paid within thirty (30) days after the date of
the invoice will be subject to late interest at the Jesser of the rate of 1 Y2% per month or the highest
rate pennitted by applicable law.
ARTICLE V
MISCELLANEOUS
5.01 Notices. Any and all notices required to be given to the Parties by this
Agreement are deemed to have been received and to be effective: (I) three (3) days after the same
shall have been mailed by certified mail, return receipt requested; (2) immediately upon hand
delivery; or (3) immediately upon receipt of confirmation that a fax was received; to the address of
the Parties as set forth below or to such Party or addresses as may be designated hereafter in writing.
To County Clerk:
with a copy to:
To Jurisdiction:
Pamela Y. Anderson
Jefferson County Clerk and Recorder
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
Jefferson County Attorney
Jefferson County Government Center
I 00 Jefferson County Parkway
Golden, Colorado 80419
City of Wheat Ridge
City Clerk's Office
7500 W 29th Avenue
Wheat Ridge, CO 80033
5.02 Amendment. This Agreement may be amended only in writing and following
the same fonnality as the execution of this Agreement.
TMI3-00896 4
5.03 Integration. The Parties acknowledge that this Agreement constitutes the sole
agreement between them relating to the subject matter hereof and that no Party is relying upon any
oral representation made by another Party or employee, agent or officer of that Party.
5.04 Indemnification. To the extent permitted by law, each party agrees to
indemnify, defend and hold harmless the other party, its agents, officers and employees from any and
all losses, costs (including attorney's fees and court costs), demands or actions arising out of or related
to any actions, errors or omissions relating to the duties and responsibilities of the indemnifying party
in the conduct of the Election.
5.05 Conflict of Agreement with Law, Impairment. In the event that any
provision in this Agreement conflicts with the Code, other statute or valid prior resolution duly
adopted by the governing body of the Jurisdiction, this Agreement shall be modified to conform to
such law or resolution. No subsequent resolution of the governing body of the Jurisdiction shall
impair the rights of the County Clerk or the Jurisdiction hereunder without the consent of the other
party to this Agreement.
5.06 Time of Essence. Time is of the essence of this Agreement. The statutory
time requirements of the Code shall apply to completion of the tasks required by this Agreement.
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement.
ATTEST:
APPROVED AS TO FORM:
David R. Wunderlich
Assistant County Attorney
ATTEST:
Janelle Shaver, City Clerk
TM13-00896
CLERK AND RECORDER OF THE
COUNTY OF JEFFERSON
STATE OF COLORADO
By ____________________ ___
Pamela Y. Anderson
Date ___________________ _
JURISDICTION:
By ________________________ _
Name/Title Jerry DiTullio, Mayor
Date August 26, 2013
5
EXHIBIT "A"
EXAMPLE ONLY OF HOW THIS FORMULA WILL BE APPLIED. For purposes of this
example, this sheet illustrates how a TABOR mailing costing $50,000 would be apportioned.
Jurisdiction
A
B
c
D
% Households
40
0 (Spec. Dist. Forming)
35
20
Jurisdiction pays base cost of $100 per issue and $50 per page and partial page used:
Jurisdiction
A
B
c
D
#Issues
1 @$ 100
5 @$ 500
2 @$ 200
3 @$ 300
$1100
Total cost ofT ABOR mailing $50,000
-$2600 Base Cost
$47,400
Pages Used
12 @$ 600
6 @$ 300
6 @$ 300
6 @$ 300
$1500
#Issues
1
5
2
3
Base Cost
$700
$800
$500
$600
$2600
Determine weighted average factors by multiplying the percentage of registered voter households by
the number of issues:
Jurisdiction % Households X #Issues
A 40 1
B 0 5
c 35 2
D 20 3
$47,400 left to apportion by utilizing weighting factors:
Jurisdiction
A
B
c
D
JURISDICTION TOTAL COST:
TMI3·00896
40 divided by 170 x $47,400
0 divided by 170 x $47,400
70 divided by 170 x $47,400
60 divided by 170 x $47,400
=
=
=
=
=
40
0
70
60
170
$11,152.94
0
$19,517.65
$16,729.41
$47,400.00
6
Jurisdiction Base + Weighted Share = Jurisdiction Cost
Share Total
A $700 $11,152.94 $11,852.94
B $800 0 $ 800.00
c $500 $19,517.65 $20,017.65
D $600 ~16,729.41 ~17,329.41
$2600 $47,400.00 $50,000.00
M :Eiection/Electionfrabor/Exhibit A for !GAs. doc Revised 8125 /03
TMI3·00896 7