HomeMy WebLinkAbout08/23/2004
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
Auqust 23, 2004
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF Auqust 9, 2004
PROCLAMATIONS AND CEREMONIES
Town of Mountain View
CITIZENS' RIGHT TO SPEAK
1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2 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
Item 1.
Consent Aqenda:
A. RESOLUTION 18-2004 - AMENDING THE FISCAL YEAR 2004
BUDGET TO REFLECT ACCEPTANCE OF THE LOCAL LAW
ENFORCEMENT BLOCK GRANT
B RESOLUTION 17-2004 - AMENDING THE FISCAL YEAR 2004
POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT THE
APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION
FOR THE PURCHASE OF A DIGITAL IMAGING MUG SHOT
SYSTEM AND NEW EVIDENCE SHELVING
CITY COUNCIL AGENDA. August 23, 2004
Page -2-
C RESOLUTION 20-2004 - AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY
OF JEFFERSON REGARDING THE ADMINISTRATION OF
RESPECTIVE DUTIES CONCERNING THE CONDUCT OF
THE COORDINATED ELECTION TO BE HELD ON
NOVEMBER 2, 2004
D RESOLUTION 21-2004 - AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY
OF JEFFERSON REGARDING THE PRODUCTION OF A
MAILED NOTICE CONCERNING BALLOT ISSUES (TABOR)
E RESOLUTION 19-2004 - AND ASSIGNMENT AGREEMENT
AUTHORIZING ASSIGNMENT OF THE CITY'S PRIVATE
ACTIVITY BOND ALLOCATION TO THE COLORADO
HOUSING AND FINANCE AUTHORITY
F Reappointment of Municipal Judges
G Approval of Extended Service Contract.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO NUISANCES
Item 3.
COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A BALLOT
QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2,
2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND
USE TAX.
Item 4.
PUBLIC INPUT ON 2005 BUDGET
ORDINANCES ON FIRST READING
Item 5.
COUNCIL BILL 18-2004 - AN ORDINANCE VACATING, IN PART, A
DRAINAGE EASEMENT, AND IN CONNECTION THEREWITH,
APPROVING AN AMENDMENT TO THE RECORDED DRAINAGE AND
FLOOD CONTROL EASEMENT
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 6. RESOLUTION 22-2004 - AMENDING THE FISCAL YEAR 2004
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
BUDGET SUPPLEMENTAL APPROPRIATION FOR PROVIDING
CONTRACT BUILDING INSPECT,JN SERVICES
CITY COUNCIL AGENDA: August 23, 2004
Page -3-
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
Auqust 23, 2004
'* Mayor Cerveny called thy Regular C)1Council Me~g to order at 700 p m ~ncilmembe~
-' present: Ka~ AdamS,' Karen.fierry, Jerry DiTullio, DeaR C81~y, Lena Rotola, Wanda Sang,
~:~ ~ Larry Schulz, and Mike Stites~lso present: City Clerk, Pamela Anderson, City Manager,
~/ ~ Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White,
~(j~-y . ctor of Public Works, Tim Paranto, staff; and interested citizens
~rrjf, PPROV AL OF MINUTES OF Au ust 9 2004
q- ~ Motion by Mr DiTullio for the approval of the Minutes of August 23, 2004, seconded by ~/
carried -::r - 0 . ~
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read and presented the Proclamation for theTown of Mountain View
cent.enn~' I CelebratLo~ - Augu,\>t 1904-2004
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CITI~ENS' RIG T TO SPEAK
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APPROVAL OF AGENDA
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CITY COUNCIL MINUTES August 23, 2004
Page -2-
Item 1.
Consent Aqenda:
A. RESOLUTION 18-2004 - AMENDING THE FISCAL YEAR
2004 BUDGET TO REFLECT ACCEPTANCE OF THE LOCAL
LAW ENFORCEMENT BLOCK GRANT
JY-
#'
- B. RESOLUTION 17-2004 - AMENDING THE FISCAL YEAR 2004
POLICE INVESTIGATION FUND (17) BUDGET TO REFLECT
THE APPROVAL OF A BUDGET SUPPLEMENTAL
APPROPRIATION FOR THE PURCHASE OF A DIGITAL
IMAGING MUG SHOT SYSTEM AND NEW EVIDENCE
SHELVING
C RESOLUTION 20-2004 - AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY
OF JEFFERSON REGARDING THE ADMINISTRATION OF
RESPECTIVE DUTIES CONCERNING THE CONDUCT OF
THE COORDINATED ELECTION TO BE HELD ON
NOVEMBER 2, 2004
D RESOLUTION 21-2004 - AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY
OF JEFFERSON REGARDING THE PRODUCTION OF A
MAILED NOTICE CONCERNING BALLOT ISSUES (TABOR)
E. RESOLUTION 19-2004 - AN~ASSIGNMENT AGREEMENT
AUTHORIZING ASSIGNMENT OF THE CITY'S PRIVATE
ACTIVITY BOND ALLOCATION TO THE COLORADO
HOUSING AND FINANCE AUTHORITY
F Reappointment of Municipal Judges
G Approval of Extended Service Contract.
Consent Agenda was introduced and read by .Nh'- D:-r;~. Hs. ~t
Motion by ~'i~ the approval of the Consent Agenda, seconded by ~ _
carried ~ -() . ~~ ~
CITY COUNCIL MINUTES August 23, 2004
Page -3-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2. COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO NUISANCES.
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Council Bill 16-2004 was introduced on second reading by Mr. DiTullio City Clerk,. ~
pSlmpl<> ^.nderion r8ad th8 execl::ltivc 3UffiffietFj and- assigned Ordinance No I "53 J . CJ
_ Ct~ -A~ ~ "P~ ~. ..f'~~ t-l-lvr-=r. .
Motion by Mr DiTullio to app~ncil Bill 16-2004 {Ordinance No I ~~If ) on
second reading, and that it takes effect 15 days after final publication, seconded by ~
carried 1-0. -~.. 0
Item 3.
COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A BALLOT
QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2,
2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND
USE TAX.
Council Bill 17-2004 was introduced on second reading by Mrs Adams City Clerk,
Pamela Anderso~read the executive summary and assigned Ordinance No \ 3 ~ 2-
rvo { ..it; ~ i:> f.t=.d h 'h-1
Motion by Mrs Adams to appr&ve' Council Bill 17-2004 (Ordinancei332,) on second
reading, and that it take effect immediately upon adoption on second reading; seconded
by
carried 1..-..-0..
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Item 4.
PUBLIC INPUT ON 2005 BUDGET
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CITY COUNCIL MINUTES August 23, 2004
Page -4-
ORDINANCES ON FIRST READING
Item 5.
COUNCIL BILL 18-2004 - AN ORDINANCE VACATING, IN PART, A
DRAINAGE EASEMENT, AND IN CONNECTION THEREWITH,
APPROVING AN AMENDMENT TO THE RECORDED DRAINAGE AND
FLOOD CONTROL EASEMENT
Council Bill -2004 was introduced on first reading by ~~
Motion by ~ \-e'1 'Z::r
to approve Council Bi1118-2004 on first reading, ordered published, public hearing set for
Monday, September ~2004, at 700 P m in the City Council Chamb~rshand that it
tak~ effect 15 days after final publication, seconded by ~ ~~ -z.-o
carried - l . n . ,_ I
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DECISIONS, RESOLUTIONS, AND MOTIONS
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Item 6.
RESOLUTION 22-2004 - AMENDING THE FISCAL YEAR 2004
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
BUDGET SUPPLEMENTAL APPROPRIATION FOR PROVIDING
CONTRACT BUILDING INSPECTION SERVICES
Resolu:ion 22-2004 was introduced by ~ .
Motion by ~~ to approve Resolution 22-2004, a budget supplemental
appropriation from fi{e General fund undesignated reserves in the amount of $32,500 to
Acct. No 01-122-700-704 for contract building insp ction services, seconded by ~
carried h- f P ~vvn I'D --- U
I 1
CITY COUNCIL MINUTES August 23, 2004
Page -5-
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
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~~D OFFICIALS' MATTERS
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Meeting adjourned at p m
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Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON SEPTEMBER 13, 2004 BY A VOTE OF to
Wanda Sang, Council President
The preceding Minutes were prepared according to S47 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 Tape recordings and video recordings 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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CITY OF WHEAT RIDGE, COLORADO
Auqust9,2004
Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers
present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang,
Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White,
Director of Administrative Services, Patrick Goff; Director of Public Works, Tim Paranto, staff;
and interested citizens
APPROVAL OF MINUTES OF July 26, 2004
Motion by Mr DiTullio for the approval of the Minutes of July 26, 2004, seconded by Mrs
Sang, carried 8-0
PROCLAMATIONS AND CEREMONIES
Mayor Cerveny read and presented Proclamation for Wheat Ridge Fire Protection
District.
CITIZENS' RIGHT TO SPEAK
Russ Fitch, President of the Wheat Ridge Rotary Club, presented a check in the
amount of $3,500 to Mayor Cerveny and the City Council as the Rotary Club's
contribution to the Wheat Ridge Recreation Center They are pleased to work with the
City and will do all they can to help in any way possible
Joyce Ayres thanked Mr DiTullio for indulging her in her issue with weeds She broke
her lawn mower while mowing the easement on her property and wants the City to pay
for it.
Cheryl Brungardt suggested that we use some Housing Authority money and partner
with the City money to do some weed mitigation
CITY COUNCIL MINUTES August 9, 2004
Page -2-
APPROVAL OF THE AGENDA
Motion by Mrs Rotola to remove Item 6 from the Agenda at this time, seconded by Mr
Gokey; carried 5-3 with Councilmembers Stites, Sang, and DiTullio voting no
Motion by Mrs Sang to amend the Agenda to add Item 6
MOTION TO ALLOW FOR THE USE OF BANNERS FOR THE 35TH ANNUAL
CARNATION FESTIVAL AND PARADE, seconded by Mr Gokey and Mrs Rotola,
carried 7-1 with Mr DiTullio voting no
Motion by Mr Gokey to approve the Agenda as amended, seconded by Mrs Sang,
carried 7-1 with Mr DiTullio voting no
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1.
COUNCIL BILL 14-2004 - AN ORDINANCE AMENDING CHAPTER 26
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
LANDSCAPE REGULATIONS
(Case No ZOA-04-05)
Council Bill 14-2004 was introduced on second reading by Mr Stites Pamela
Anderson assigned Ordinance No 1330 Ms Anderson read the executive summary
Meredith Reckert presented the staff report.
Motion by Mr Stites to approve Council Bill 14-2004 (Ordinance No 1330) on second
reading and that it take effect 15 days after final publication, seconded by Mr DiTullio
Motion by Mr Gokey to amend paragraph 5 on Page 3 to read "All new irrigation
systems are strongly encouraged to be equipped "; seconded by Mrs Rotola,
failed 3-5 with Councilmembers Stites, Rotola, and Gokey voting yes
Original Motion carried 8-0
CITY COUNCIL MINUTES August 9, 2004
Page -3-
ORDINANCES ON FIRST READING
Item 2.
COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A BALLOT
QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2,
2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND
USE TAX.
Council Bill 17-2004 was introduced on first reading by Mrs Adams Mrs Adams read
the executive summary, the statement of the issues and the ballot language in the
ordinance
Motion by Mrs Adams to approve Council Bill 17-2004 on first reading, order it
published, public hearing set for Monday, August 23, 2004 at 7 00 P m in the City
Council Chambers, and that it take effect immediately upon adoption at second reading,
seconded by Mrs Sang, carried 8-0
Item 3.
COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO NUISANCES
Council Bill 16-2004 was introduced on first reading by Mr DiTullio
Motion by Mr DiTullio to approve Council Bill 16-2004 on first reading, order it
published, public hearing set for Monday, August 23, 2004 at 7 00 P m in the City
Council Chambers, and that it take effect 15 days after final publication, seconded by
Mr Gokey; carried 8-0
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 4.
Cultural Commission Appointment.
Item 4 was introduced by Mr DiTullio Mr DiTullio read the executive summary
Motion by Mr DiTullio to appoint Terry Womble of District I to the Cultural
Commission; term to expire March 2, 2005, seconded by Mrs Sang, carried 8-0
Item 5.
Election Commission Appointment.
Mayor Cerveny asked that Mr Klammer be allowed to speak prior to a motion being
made
Motion by Mr DiTullio to override the Council Rules and allow Mr Klammer to speak;
seconded by Mrs Sang, carried 7-1 with Mr Gokey voting no
CITY COUNCIL MINUTES August 9, 2004
Page -4-
Item 5 was introduced by Ms. Berry. Ms. Berry read the executive summary
Pete Klammer submitted a copy of a news release from the United States Election
Assistance Commission He is concerned about paperless electronic voting He would
like to learn more about the voting process
Motion by Ms Berry to appoint Karin Gallup to the Election Commission, term to expire
December 31,2006, seconded by Mr Gokey; carried 8-0
Item 6.
Motion to Allow for the Use of Banners for the 35th Annual Carnation
Festival and Parade
Mrs Sang introduced Item 6 and read the executive summary
Motion by Mrs. Sang to allow for the use of banners for the 35th Annual Wheat Ridge
Carnation Festival and Parade, seconded by Mrs Rotola, carried 8-0
CITY MANAGER'S MATTERS
Randy Young thanked the Fire Department for helping hang signs for the Carnation
Festival He also thanked City Council for attending the employee meetings and
updating them on what is going on in the City
CITY ATTORNEY'S MATTERS
Jerry Dahl alerted Council that he will be asking for judge appointments 2 weeks from
tonight.
ELECTED OFFICIALS' MATTERS
Councilmembers thanked the Fire Department for the great job they are doing They
also encouraged everyone to come to the Town Meeting on August 16, 2004 They
thanked the Rotary Club for their contributions to the Recreation Center
Mr. Gokey urged people that have weed problems to take pride in their property He
asked for consensus to discuss weed management at the first available study session
Consensus was 7 in favor with Mr DiTullio opposed
Mrs Adams encouraged everyone who is concerned about weeds to come to the
budget hearings
CITY COUNCIL MINUTES. August 9, 2004
Page -5-
Mr Schulz announced that we will begin again to have Elected Officials Open Meetings
on August 28 at Cooper Fields Events Chateau
Mrs Rotola passed out flyers for the Wheat Ridge Foundation They will have a fund
raiser on September 18 at 1 00 P m at the Senior Center.
Ms Berry thanked applicants for the Election Commission for their interest. She stated
that there are quite a few resources for helping people with weed management. Mayor
Cerveny asked Mr Young to have the resources put on our website and scroll
Meeting adjourned at 8 04 p m
APPROVED BY CITY COUNCIL ON AUGUST 23, 2004 BY A VOTE OF _ to _
Wanda Sang, Council President
The preceding Minutes were prepared according to S47 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 Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions
ITEM NO: ~,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23, 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004 BUDGET
TO REFLECT ACCEPTANCE OF THE LOCAL LAW
ENFORCEMENT BLOCK GRANT
o PUBLIC HEARING
o BIDS/MOTIONS
L8J RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
L8J
No
City~~
EXECUTIVE SUMMARY:
The CIty of Wheat RIdge has been awarded $11,694 for the fiscal year 2004 Local Law Enforcement
Block Grant (LLEBG). The city is eligible for 90% ofthis amount ($10,525) from the Department of
Justice. In order to receIve the grant award, the city must contribute a jurisdictional match amount of
$1,169.
A resolution amendmg the fiscal year 2004 budget must be approved to reflect acceptance of the
LLEBG and to amend the budget accordingly.
COMMISSIONIBOARD RECOMMENDATION:
Award of the grant requires the establishment of an LLEBG AdVISOry Board responsible for making
non-bmdmg recommendations to the CIty Council for use of the grant award. Advisory board
members as established by the department of justice are:
Prosecuting Attorney
Court Administrator
PnncIpal of Wheat Ridge High School
Victims Advocate
Deputy Chief of Police
Grant Administrator
The LLEBG Advisory Board has recommended that the $11,694 ($10,525 plus the $1,169 city match)
be utilIzed for technology; specIfically to complete the installation of computers on the city
motorcycles and toward installmg permanent display removable computers (PDRC's) for the patrol
fleet as part of the on-going mobile field reporting system.
STATEMENT OF THE ISSUES:
None.
AL TERNA TIVES CONSIDERED:
Decline acceptance of the grant.
FINANCIAL IMPACT:
Acceptance of this grant offsets the city's equipment expenditures by the grant amount of$1O,525.
RECOMMENDED MOTION:
"I move to approve Resolution No. ] 8 -2004 amendmg the fiscal year 2004 budget to reflect
acceptance ofthe Local Law Enforcement Block Grant."
or
"I move to decline acceptance of the Local Law Enforcement Block Grant."
Report Prepared by: Barbara Delgadillo, ASSIstant to the City Manager 6\)/
/bd
Attachments:
1. Resolution No. 18-2004
acceptance of grant - Council agenda item
RESOLUTION NO. 18
Series of 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004
BUDGET TO REFLECT ACCEPTANCE OF THE LOCAL
LAW ENFORCEMENT BLOCK GRANT
WHEREAS, the CIty of Wheat Ridge applIed for and was awarded a grant to
assist the Wheat Ridge Police Department m fundmg technological Improvements withm
its mobIle field reporting system; and
WHEREAS, the City Council deSlTes to accept the grant in the amount of
$10,525 00; and
WHEREAS, the Wheat RIdge Charter reqUIres that amendments to the budget be
effected by the City Council adoptmg a ResolutIon.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City hereby accepts the grant.
B The CIty Manager IS authonzed to execute all documents necessary for the
acceptance of the award.
C Upon receipt of the funds, that the funds be placed m account #01-201-
700-750.
D. The City of Wheat Ridge fiscal year 2004 budget be amended accordingly.
DONE AND RESOLVED THIS 23rd day of August 2004.
Gretchen Cerveny, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
ATTAc;HIVIENT 1
ITEM NO _\, ':B ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23,2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004 POLICE
INVESTIGATION FUND (17) BUDGET TO REFLECT THE
APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION
FOR THE PURCHASE OF A DIGITAL IMAGING MUG SHOT
SYSTEM AND NEW EVIDENCE SHELVING.
o PUBLIC HEARING
o BlDSIMOTIONS
[2] RESOLUTIONS
o ORDINANCES FOR I ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial: 0 ~
Yes No
J':7I'.fl' .r. ~~
t;;(2. P IC Chief
Clty~r-d
EXECUTIVE SUMMARY:
The City Council approved the purchase of a digital imaging mug shot system in the amount of
$34,481.30 at the July 12,2004 City Council meeting. The Police Department is also purchasing
movable evidence shelving for $24,950.00. Both of these items, totalling $59,431.30, will be
purchased with funds from the Police Investigation Fund. The original budget approval for this fund
was $50,000, of which, $3,485.45 has already been expended in 2004. It is requested that a budget
supplemental appropriation from the Police Investigation Fund undesignated reserves, in the amount
of $20,000, be approved to cover these expenses and other future expenses in 2004. The Police
Investigation Fund was established in 1990 to track proceeds from seizures and forfietures of property
pursuant to the Public Nuisance Policy and the Colorado Contraband Forfeiture Act. These funds can
be used only by the Police Department for purposes other than normal operating needs.
COMMISSJON/BOARD RECOMMENDA TJON:
N/A
STATEMENT OF THE ISSUES:
The Police Investigation Fund was established in 1990 to track proceeds from seizures and forfeitures
of property pursuant to the Public NUlsance Policy and the Colorado Contraband Forfeiture Act.
These funds can be used only by the Police Department for purposes other than normal operating
needs.
AL TERNA TIVES CONSIDERED:
N/A
FINANCIAL IMP ACT:
The digital imaging mug shot system and the evidence shelving will be funded out of the Police
Investigation Fund, which does not impact the General or Capital Funds. Approval of this budget
supplemental appropriation will reduce the Police Investigation Fund undesignated reserve fund to
$34,143.36.
RECOMMENDED MOTION:
"I move to approve Resolution No. 17-2004, a budget supplemental appropriation from the Police
Investigation Fund undesignated reserves in the amount of$20,000 to account #17-202-650-660 for
the purchase of new evidence shelving and a digital imaging mug shot system."
or,
"1 move to table indefinitely Resolution No 17-2004, for the following reason(s)
"
Report Prepared by:
Reviewed by:
Wade Hammond, Police Commander
Patrick Goff, Administrative Services Director
Attachments:
1. Resolution No 17-2004
08232004 Police Investigation Fund
RESOLUTION NO. 17
Series of 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR
2004 POLICE INVESTIGATION FUND (17) BUDGET
TO REFLECT THE APPROVAL OF A BUDGET
SUPPLEMENTAL APPROPRIATION FOR THE
PURCHASE OF A DIGITAL IMAGING MUG SHOT
SYSTEM AND NEW EVIDENCE SHELVING
WHEREAS, the Wheat Ridge Police Department's mug shot system is outdated
and no longer functional;
WHEREAS, Police Department Evidence Shelving IS no longer adequate to
serve the needs of the department;
WHEREAS, funds must be designated before systems are contracted for;
WHEREAS, the Police Investigation Fund has sufficient funds in undesignated
reserves to pay for these items;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2004 Police Investigation Fund
Budget be amended accordingly, specifically transferring $20,000 from
Police Investigation Fund undesignated reserves into account #17-202-
650-660.
DONE AND RESOLVED THIS _ day of August 2004.
Gretchen Cerveny, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
ITEM NO' ~I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
August 23,2004
TITLE:
RESOLUTION 20-2004: AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH THE
COUNTY OF JEFFERSON REGARDING THE
ADMINISTRATION OF RESPECTIVE DUTIES
CONCERNING THE CONDUCT OF THE COORDINATED
ELECTION TO BE HELD ON NOVEMBER 2, 2004.
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial. D
~
Yes
No
CitYM~
EXECUTIVES~RY:
The City of Wheat Ridge will participate in a coordinated election on November 2, 2004. The attached
Resolution and Intergovernmental Agreement must be executed prior to the election. The documents
refer to the respective duties of the County and the City of Wheat Ridge concerning the conduct of the
election. The duties of the County Clerk include, but are not limited to ballot preparation, voter lists,
staff selection and traimng, providing election supplies, counting of the ballots, and certification of
results. The duties ofthe City of Wheat Ridge include, but are not limited to Call and Notice and ballot
preparation.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
The jurisdiction is to pay the cost of one (1) county staff for a period beginning on the thirtieth (30th)
calendar day prior to the Election through and including Election day, which shall include eight (8)
regular hours per working day at the salary of $11.00 per hour plus any overtime hours which are
required to complete the Election. 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. The costs provided for in this
agreement related to the preparation and conduct of the Jurisdiction's election is mandated or One
Thousand Dollars ($1,00000), whichever is greater Pro-ratlOn shall be made based upon the numbers
of persons eligible to vote within each jurisdiction involved in this coordinated election. These
estimated costs have been budgeted in the 2004 Budget.
RECOMMENDED MOTION:
"I move to approve Resolution No 20-2004 authorizing an Intergovernmental Agreement with the
County of Jefferson regarding the Administration of the respective duties concemingthe conduct of the
coordinated election to be held on November 2, 2004"
or,
"I move to deny the Resolution No 20-2004 for the followmg reasons
"
Attachments:
1 Resolution No 20-2004
2 Intergovernmental Agreement.
Report Prepared by' Pam Anderson
Reviewed by' Randy Young
RESOLUTION NO. 20-2004
TITLE:
SERIES of 2004
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 2, 2004.
WHEREAS, pursuant to Section 1-7-116(2), C R.S., as amended, the
County Clerk and the City of Wheat Ridge shall enter into an agreement for the
administration of their respective duties concerning the conduct of the general election
to be held on November 2, 2004 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
precinct polling place election" as such terms are 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 City of Wheat Ridge has certain ballot issues to present to its
eligible electors and shall participate in this coordinated election, and
WHEREAS, the County Clerk and the City of Wheat Ridge have determined that
it is in the best interests of Jefferson County, the City of Wheat Ridge and their
respective Inhabitants to cooperate and contract concerning the Election upon the terms
and conditions contained herein
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
conduct of the coordinated election to be held on November 2, 2004
DONE AND RESOLVED on this 23rd day of August, 2004
Gretchen Cerveny, Mayor
ATTEST
Pamela Y Anderson, City Clerk
ATTACHMENT 1
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered into
this 23rd day of August, 2004, by and between the CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON, STATE OF COLORADO ("County Clerk") and the CITY OF
WHEAT RIDGE, STATE OF COLORADO, a municipal corporation, ("Jurisdiction"), collectIvely
referred to as the "Parties".
WITNESSETH
WHEREAS, pursuant to Section 1-7-116(2), C.R.S., 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 general election to be held on November 2,2004 ("Election"), and
WHEREAS, the County Clerk and the Jurisdiction's City Clerk (the "City Clerk") are
authorized to conduct elections as proVided by law; and
WHEREAS, the County Clerk will conduct the Election as a "coordinated preclllct polling
place electiOn" as such terms are 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 ballot issues 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 concernlllg the ElectIon upon the terms and conditions contallled 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 City Clerk to conduct and to pro-rate the cost of the Election.
1.02 Coordinated Election Official. The County Clerk shall act as the Coordlllated
Election Official in accordance With the Code and Rules and as such shall conduct the ElectiOn for
the Junsdiction for all matters in the Code and the Rules which require actIon by the Coordlllated
Election Official. The County Clerk deSignates Susan Miller as the "Contact Officer" to act as the
pnmary haison between the County Clerk and the Junsdiction. The Contact Officer shall act under
C\DOCUMENTSANDSETT'NGS\CJATTTACORNI EN T 2
the authonty of the County Clerk and shall have the pnmary responsibility for the coordmation of the
Elechon with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder.
Nothmg herein shall be deemed or construed to relieve the County Clerk or the City Clerk from their
official responsibilities for the conduct of the Election.
1.03 Desie:nated Election Official. The JurisdictiOn designates the City Clerk as its
"Election Officer" to act as primary hmson 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 followmg the Election, the Election Officer shall be
readily available and accessible during regular business hours, and at other hmes 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
mqmries made by their voters or others interested in the Jurisdiction's election.
1.04 Jurisdictional Limitation. The Junsdiction 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, 2004, and shall apply only to the general 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, admmister and provide the necessary facihhes 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 close of the registratiOn books on the twenty-ninth (29th) day prior to
the Election.
B. Ballot Preparation.
1. Layout the text of the ballot m a format that complies with the Code and the
Rules.
C.\DOCUME-1 \CJONES\LOCALS-l \ TEMP\MUNI-LG-04.DOC
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2.
of the Jurisdiction.
Provide ballot pnnting layouts and text for proofreading and signature approval
3.
Certify the ballot content to the pnnter(s)
4. Contract for absentee ballots, sample ballots and precinct polling place ballots
with a vendor acceptable to the County Clerk and remit payment directly to the vendor
c. Voter Lists.
1. Upon request of the Jurisdiction, create a lIst of the registered voters contaming
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: Selection and Training. 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 is to pay the cost of one (1) County staff for a period beginning on the thirtieth (30th)
calendar day prior to the Election through and mcluding Election day, which shall include eight (8)
regular hours per workmg day at the salary of $11.00 per hour plus any overtime hours which are
required to complete the Election. In the alternative, the Jurisdiction shall provide the eqUivalent of
one (1) full-time clerical worker who will be assigned to the County Clerk for all work and overtime
hours required during the thirty (30) days pnor to the Election through and mcluding Election day
E. Election Judges. Appomt and compensate a suffiCient number of election judges for
each pollmg location and for a location for absentee ballots, as required by law.
F. Absentee and Early Voting.
I. Conduct absentee, early and emergency votmg in the County Clerk's office and
at other locations for the Junsdiction as required by the Code.
2. Obtain and prOVide all ballots and supplies necessary for absentee, early and
emergency voting and replacement ballots.
G. Election Supplies. ProVide all necessary eqUipment and forms to conduct the
ElectIOn, includmg the County's electromc vote countmg equipment. The Junsdlction is to be
charged the pro-rated costs (as defined m 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.
C:IDOCU ME-1 ICJONESILOCALS-1 ITEMPIMUN I-LG-Q4 .DOC
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H. Election Day Preparation.
I. Prepare a test deck of voted test ballot cards to be counted the day prior to the
ElectlOn, Just prior to the beginning of the actual count and following completion of the ballot count
as required by the Code.
2. Provide necessary electronic vote tabulating equipment (computer), personnel
properly trained in electromc tabulatmg equipment, facilIty and equipment and to arrange for
computer running time as necessary for a test run and for Election day.
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 mght.
2. Inspect voted ballots, count the ballots and furnish the Junsdiction with
unofficial results of the 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 penod of time, the counting
procedures will be moved to a predetermined and pretested site for the duration of the ElectIon
counting procedures. All related costs are to be paid pro-rata (as defined in ArtIcle IV) by the
coordmating Jurisdiction.
3. Provide personnel to partIcipate in the ballot countmg 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 JunsdlctlOn
partiCIpation in each of the electromc vote tabulating procedures that shall be used.
K. Certification of Results.
I. Appoint, mstruct and otherwise oversee the board of canvassers.
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.
C:IDOCUME-1ICJONESILOCALS-1\ TEMPIMUNI-LG-Q4 .DOC
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3. In the event a recount IS necessary, conduct a recount m accordance with the
law
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
by County precinct.
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 ordmance 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 presidmg 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 votmg jUrIsdiction no later than September 8, 2004.
D. Petitions, Preparation and Verification. Perform all responsibilitIes required to
certifY any candidate and/or imtiative petition(s) to the ballot.
E. Ballot Preparation.
1 Submit the list of Ballot Issues and/or Ballot Questions and the titles and
summaries of each Ballot Issue or Ballot Question to the County Clerk in computer diskette format no
later than September 8,2004 at 3.00 p.m.
C:\DOCUME-1 ICJONES\LOCALS-1 \ TEMPIMUN I.LG-04 .DOC
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2. Proof the layout and text of the official ballot before authorizmg the printmg of
the ballot by signature approval to the County Clerk.
F. Election Day Preparation. Prepare a test deck of voted test ballot cards to be
counted the day prior to the Election, just pnor to the beginmng of the actual count and followmg
completion of the ballot count, and attend each test.
G. Counting the Ballots. Participate in each ofthe electronic vote tabulating procedures
that shall be used.
3.02 Cancellation of Election bv 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 cost 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 at
each polling place of the JUrIsdictIOn, in the office of the City Clerk and in the office of the County
Clerk. The Jurisdiction shall not cancel the ElectIOn after the 25th day prior to the Election.
ARTICLE IV
COSTS
4.01 Election Costs. In addition to any other costs provided for in this Agreement, the
Jurisdiction shall pay for all County staff time solely related to the preparatIOn and conduct of the
Jurisdiction's Election at each staff member's hourly rate and at a pro-rated rate of the staff salanes for
activitIes relative to the coordinated Election or One Thousand Dollars ($1,000.00), whichever is
greater. Such pro-ration shall be made based upon the number of persons eligible to vote within each
Jurisdiction mvolved in thiS coord mated ElectIOn.
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 mvoice.
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 III writing.
C:IDOCUME-1 ICJONESILOCALS-1 I TEMPIMUNI.LG-04. DOC
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To County Clerk:
Faye Griffin, Jefferson County Clerk and Recorder
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
with a copy to:
Jefferson County Attorney
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
To Jurisdiction:
("Ii'" QF 'Nt\Ul l\r.(+
5.02 Amendment. This Agreement may be amended only in wrltlllg and following the
same formalIty as the execution of this Agreement.
5.03 Intel!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. 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 (includmg attorney's fees and court costs), demands or actions arising out of or related to any
actions, errors or omissions relatmg to the duties and responsibilities of the mdemmfymg party in the
conduct of the Election.
5.05 Conflict of Al!reement with Law. Impairment. In the event that any proVision m
this Agreement conflicts With the Code, other statute or valId prior resolution or ordinance duly
adopted by the City Council of the JUrIsdiction, this Agreement shall be modified to conform to such
law or resolutIOn. No subsequent resolution or ordinance of the City Council of the JUrIsdiction shall
impair the rights of the County Clerk or the City Clerk 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.
C:IDOCUME-1 ICJONESILOCALS-1 ITEMPIMUNI.LG-04 .DOC
7
IN WITNESS WHEREOF, the Parties hereto have signed this Agreement.
ATTEST:
CLERK AND RECORDER FOR THE
COUNTY OF JEFFERSON
STATE OF COLORADO
By
Faye Griffin
Date
APPROVED AS TO FORM:
Jean L Ayars
Assistant County Attorney
JURISDICTION:
ATTEST:
CITY OF WHEAT RIDGE
By
Pam Anderson, City Clerk
Gretchen Cerveny, Mayor
Date: August 23, 2004
APPROVED AS TO FORM:
Gerald Dahl, City Attorney
C:\DOCUMENTS AND SETTINGSICJONESIMY DOCUMENTSIIGA WITH COUNTY. DOC
8
-.
ITEM NO
\ ,]),
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE
August 23, 2004
TITLE:
RESOLUTION 21-2004: AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT WITH THE
COUNTY OF JEFFERSON REGARDING THE
PRODUCTION OF A MAILED NOTICE CONCERNING
BALLOT ISSUES. (TABOR)
o PUBLIC HEARING
o BIDS/MOTIONS
['g\ RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial. 0
['g\
Yes
No
~~~
City~~~
EXECUTIVE SUMMARY:
The City of Wheat Ridge will participate in the production and mailing of a Tabor Notice. The attached
Resolution and Intergovernmental Agreement must be executed prior to the Election. The County
Clerk shall print and notice as it is submitted by the Jurisdiction, the City of Wheat Ridge. The County
Clerk will mail the Notice Package. The City of Wheat Ridge will provide the County Clerk a copy of
the resolution, and draft and submit the notice for each ballot issue.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
ALTERNATIVES CONSIDERED:
N/A
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 on 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. In addition, each
jurisdiction shall pay One-Hundred Dollars ($100 00) for each ballot issue in the Notice Package and
Fifty Dollars ($5000) for each page and partial page on which the Jurisdiction's Notice appears. These
estimated costs have been budgeted in the 2004 Adopted Budget.
RECOMMENDED MOTION:
"I move to approve Resolution No 21-2004 a Resolution authorizing an Intergovernmental Agreement
with the County of Jefferson regarding the production of a mailed notice concerning ballot issues."
or,
"I move to deny Resolution No
21-2004 for the following reasons.
"
Attachments:
1 Resolution No. 21-2004
2. Intergovernmental Agreement.
Report Prepared by' Pam Anderson
Reviewed by: Randy Young
RESOLUTION NO. 21-2004
SERIES of 2004
TITLE:
RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND
BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO,
AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE
PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT
ISSUES. (TABOR)
WHEREAS, pursuant to Section 29-1-203, C RS , 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 RS require the production of a mailed
notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of
1992, Title I, C RS , as amended (the "Code") that will be submitted to eligible voters
of the City of Wheat Ridge; 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 City of Wheat Ridge desire to set
forth their respective responsibilities in the 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 23th day of AUQust , 2004
Gretchen Cerveny, Mayor
ATTEST
Pamela Y Anderson, City Clerk
ATTACHMENT 1
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") IS made and entered mto
this 23rd day of August, 2004, by and between the CLERK & 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 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) 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 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 Junsdiction for all matters m the Code and the Rules which reqUIre action by
the Coordmated Election Official.
C:IDOCUMENTS AND SETTINGSICJONESIMY DOCUMENTSIMISCELLANEOUSITABOR-04.DOC
ATTACHMENT 2
The County Clerk designates Susan Miller 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 coordmatlon of the
NotIce for the Jurisdiction and completion of procedures assigned to the County Clerk hereunder.
Nothmg herein shall be deemed or construed to relieve the County Clerk or the JUrIsdiction from their
official responsibilities for the Notice.
1.03 Desil!nated Election Official. The Jurisdiction deSignates P/\ \-\ t\ l)(J[ tSDU
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 withm
Jefferson County This Agreement shall be construed to apply only to that portion of the JUrIsdictIon
withm Jefferson County.
1.05 Term. The term of this Agreement shall be from the date of the last party's
execution until December 31, 2004 and shall apply only to the 2004 general election.
ARTICLE II
DUTIES OF THE COUNTY CLERK
2.01 County Clerk Duties. The County Clerk shall perform the followmg 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 sendmg 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 m 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.
C:\DOCUME-1\CJONES\LOCALS-1\TEMPlT ABOR-04 .DOC
2
ARTICLE III
DUTIES OF JURISDICTION
3.01
the Notice:
Jurisdiction Duties. The JurisdictIOn shall perform the following duties for
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 of this Agreement. The resolution shall further authorIze the presldmg 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 fiscalmformation required by TABOR, and such other
informatIOn as is required by the Code. The Junsdiction shall have the sole responsibility for drafting
of the Notice in accordance with TABOR, the Code, and the Rules.
C. Submit the Notice to the County Clerk no later than September 21, 2004 at
3 '00 p.m. m computer diskette format.
D. Meet all tImelines set forth in the Rules and the Code regardmg the Notice.
3.02 Cancellation of Election hv 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 relatmg to the Notice, mcludmg
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 m 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 dav PrIor to the Election.
ARTICLE IV
COSTS
4.01 Pavment 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, m accordance with the formula attached as Exhibit
"A" A special district's pk-rated payment will be based upon the total number of households wlthm
C:IDOCUME-1ICJONESILOCALS-1ITEMPlT ABOR-04 .DOC
3
Jefferson County and not merely the number of households withm the district. In addition, the
Jurisdiction shall pay One Hundred Dollars ($100.00) for each Ballot Issue included m the Notice
Package and Fifty Dollars ($50.00) for each page and partial page on which JurisdictIOn's Notice
appears.
4.02 Pavment 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 Junsdlction 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.
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 III writing.
To County Clerk:
Faye Griffin
Jefferson County Clerk and Recorder
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
with a copy to.
Jefferson County Attorney
Jefferson County Government Center
100 Jefferson County Parkway
Golden, Colorado 80419
To JurisdictIOn:
C 1\ 'i \')'f W\\~ J.:, q \ fI?:f:.-
C:IDOCUME-1 ICJONESILOCALS-1ITEMPlT ABOR-04 .DOC
4
5.02 Amendment. This Agreement may be amended only m writing and followlllg
the same formahty as the execution of this Agreement.
5.03 Intel!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. To the extent permitted by law, each party agrees to
mdemnifY, 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 arlslllg out of or related
to any actions, errors or omisslOns relating to the duties and responsibilities of the indemnifymg party
in the conduct of the Election.
5.05 Conflict of Al!reement with Law. Impairment. In the event that any
provision m thiS Agreement conflicts with the Code, other statute or vahd 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 requned by thiS Agreement.
IN WITNESS WHEREOF, the Parties hereto have signed thiS Agreement.
ATTEST
CLERK AND RECORDER OF THE
COUNTY OF JEFFERSON
STATE OF COLORADO
By
Faye GrIffin
Date
APPROVED AS TO FORM.
Jean L. Ayars
ASSistant County Attorney
5
C:\DOCUME-1 \CJONESIlOCALS-1 ITEMP\ T ABOR-04 .DOC
ATTEST:
CITY OF WHEAT RIDGE
Date: August 23, 2004
Pamela Anderson, City Clerk
By
Gretchen Cerveny, Mayor
APPROVED AS TO FORM:
Gerald Dahl, City Attorney
6
C:\DOCUMENTS AND SETIINGSICJONESIMY DOCUMENTSIMISCELLANEOUSITABOR-04.DOC
ITEM NO: ~l
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23, 2004
TITLE:
APPROVAL OF RESOLUTION AND ASSIGNMENT AGREEMENT
AUTHORIZING ASSIGNMENT OF THE CITY'S PRIVATE
ACTIVITY BOND ALLOCATION TO THE COLORADO
HOUSING AND FINANCE AUTHORITY
IZl PUBLIC HEARING
o BIDS/MOTIONS
IZl RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-JudiCial:
o
Yes
IZl
No
Ci~'
EXECUTIVE SUMMARY:
In 2002, the city became entitled to an allocatIOn of the Statewide PrIvate Activity Bonds. The
allocation awarded to the CIty IS $1,292,640 (allocations are based on population).
Private ActiVity Bonds (P AB's) are tax-exempt bonds that can be Issued for specific purposes.
Tax -exempt P AB' s may be issued to finance a wide variety of publIc infrastructure needs
includlllg financing land, buildmgs and/or equipment for manufacturing, industrial, agricultural or
business enterprises. ThiS financmg technique may also be used for low- and moderate-income
housing proJects; hospital facilities; pollution control projects; or redevelopment projects to
acquire property in blighted areas, prepare land for redevelopment and relocate occupants of
structures on the acquired property.
PAB's are not an obligation of the muniCipality; state law prohibits the mumcipalIty from making
debt service payments or from lllcurring any other financialliabihty in connection WIth the bond
Issue. The benefitmg private company pursuant to a "financing agreement" pays the prIncipal and
mterest on the bonds: (e.g., a lease, installment sale, or loan agreement) between the mumcipality
and the company
In 2002, the city participated in the Metro Mayors Smgle-Family Mortgage Revenue Bond
Program by entering mto an agreement authorIzmg the City/County of Denver through the Metro
Mayors Caucus to issue the bonds on behalf of the city. During 2003, the Metro Mayors Smgle-
Family Mortgage Revenue Bond Program was replaced with a new pool program aimed at
encouraging transit-orIented housmg. Because the city would not qualifY for a project under this
program's guidelines, the 2003 PAB allocation was assigned to the Colorado Housmg and FinarIce
Authority. During 2003, CHFA financed $348,879 through thelf Single-Family Mortgage
Revenue Bond Program for homebuyers in of Wheat Ridge.
COMMISSION/BOARD RECOMMENDATION:
None.
STATEMENT OF THE ISSUES:
Due to the high cost of administering bonds, P AB' sunder $5 million are difficult to issue. There
are two avenues in which the city could maximize use of its bonds: I) partner With the Colorado
Housing and Finance AuthOrIty (CHFA) which often times will match the local agencies bond
amount if the project meets their program crIteria; and 2) apply for a portion of the Statewide
Balance (unallocated or returned bonds). The Statewide Balance is available to the city If
additional allocations of bonds are needed. Applications for additional bond allocations can be
submitted for consideration twice a year (January and August.) In order to be eligible for
additional P AB allocations, the city must demonstrate that it meets the specific purposes of the
P AB' s and that bonds can be issued Within the project year (approximately September 15).
Being unable to administer the bonds at this time, the question becomes, what existing programs
are available for participation by the city? There are two alternatives available: 1) return the
unused bonds to the Statewide Balance, or 2) assign our allocation to the Colorado Housing and
Finance Authority (CHF A).
CIty Council approval of an Assignment of Allocation and a ResolutIon will be necessary to assign
the city's 2004 PAB allocation to CHFA.
ALTERNATIVES CONSIDERED:
Statewide Balance:
Return the bonds to the Statewide Balance for issuance to other agencies that can demonstrate that
they meet the specific purposes of the PAB's and that bonds can be issued withm the project year.
CHFA
ASSign the City'S allocation to CHFA. The Colorado Housmg and Finance Authority manage three
(3) independent programs available for the city. They are:
City Council Action Request
Assignment of Private Activity Bonds
-2-
August 23. 2003
y Mortgage Revenue Bond Program
y Rental Apartment Financing Program
y Business Financlllg Program to aide manufacturing/industrial companies
Assistance to the city through all three of these programs IS always available. The mortgage
revenue bond program assists homebuyers m the low/moderate income range with down payment
and loan assistance. The Rental Apartment Fmanclllg Program will assist a developer in the
acquisitIOn and rehabilitatIOn of apartment umts. The Business Financing Program Will assist with
busmess/real estate acquisition, purchase of equipment, and loan assistance.
FINANCIAL IMPACT:
There is no financial Impact to the city.
RECOMMENDED MOTION:
"I move to approve the Assignment of Allocation between the Colorado Housing and Finance
AuthOrIty (CHF A) and the City of Wheat Ridge and to adopt ResolutIon No. t ~ authorizing
assignment to the Colorado Housing and Finance Authority of a Private Activity Bond Allocation of
the City of Wheat Ridge pursuant to the Colorado PrIvate Activity Bond Ceiling Allocation Act in the
amount of $1,292,640 thereby designating the city's PAB allocatIOn to CHFA for the purpose of
proViding single-family mortgage loans to low- and moderate-income persons and families.
I further move to authorize the Mayor to sign such documents and the City Attorney to notifY CHF A
of Council's deCision."
or,
"I move to return the unused portion of the PAB allocation to the Statewide Balance."
Report Prepared by: Barbara Delgadillo, Assistant to the City Manager
/bd
Attachments:
1. Assignment of Allocation
2. Resolution No. 19-2004
cc:
Karen Harklll
Director of Home Finance
CHFA
PAS allocation to CHF>\ - CC report 2004
City Council Action Request
Assignment of Private Activity Bonds
-3-
August 23. 2003
ASSIGNMENT OF ALLOCATION
This Assignment of Allocation (the" Assignment"), dated this day of
,2004, is between the CIty of Wheat Ridge (the "Assignor") and the Colorado
Housmg and Finance Authority (the "Assignee").
WITNESSETH:
WHEREAS, the ASSIgnor and the Assignee are authonzed and empowered under the
laws of the State of Colorado (the "State") to Issue revenue bonds for the purpose of providing
single-family mortgage loans to low- and moderate-income persons and families; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the
amount of tax-exempt bonds ("Private Activity Bonds") which may be issued m the State to
provIde such mortgage loans and for certain other purposes (the "State CeIling"); and
WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado PrIvate
ActiVIty Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado ReVised
Statutes (the "AllocatIon Act"), prOViding for the allocation of the State Ceiling among the
Assignee and other governmental units in the State, and further providing for the assignment of
allocations from such other governmental units to the ASSIgnee; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the AllocatIOn Act,
the ASSignor has an allocation of the 2004 State Ceiling for the issuance of a specified principal
amount of PrIvate Activity Bonds prior to September 15,2004 (the "2004 Allocation"); and
WHEREAS, the ASSignor has determmed that, in order to mcrease the availability of
adequate affordable housmg for low- and moderate-income persons and families within the City
of Wheat Ridge and elsewhere in the State, it is necessary or deSIrable to proVide for the
utilization of all or a portion of the 2004 Allocation; and
WHEREAS, the Assignor has determmed that the 2004 Allocation, or a portion thereof,
can be utilized most efficiently by assignmg it to the Assignee to Issue PrIvate Activity Bonds for
the purpose of providing single-family mortgage loans to low- and moderate-income persons and
families ("Revenue Bonds"), and the ASSignee has expressed ItS willIngness to attempt to issue
Revenue Bonds with respect to the 2004 Allocation; and
WHEREAS, the City Council of the Assignor has determined to assign to the Assignee
$1,292,640 of its 2004 Allocation, and the ASSignee has agreed to accept such aSSignment, which
is to be eVidenced by this Assignment.
NOW, THEREFORE, in consideration of the premises and the mutual promises
heremafter set forth, the partIes hereto agree as follows:
A.TTA.C:;HIVIENT 1
1. The Assignor hereby assigns to the Assignee $1,292,640 of its 2004 Allocation,
subject to the terms and conditions contained herein. The Assignor represents that it has received
no monetary consideration for said assignment.
2. The ASSignee hereby accepts the assignment to It by the Assignor of $1,292,640
of Assignor's 2004 Allocation, subject to the terms and conditions contained herein. The
Assignee agrees to use Its best efforts to issue and sell Revenue Bonds, in one or more senes, and
to make proceeds of such Revenue Bonds available from time to time during the period of two
(2) years from the date of this Assignment for the purchase of mortgage loans in at least the
aggregate amount of $1,292,640 to finance single-family housing facilities located in the City of
Wheat Ridge. Unless otherwise agreed to in writing, the mortgage loans will be subject to all
applIcable current reqUIrements of Assignee's mortgage revenue bond program, mcluding
Assignee's income and purchase price lImits.
3. The Assignor hereby consents to the election by the Assignee, if the Assignee in
its discretion so decides, to treat all or any portion of the assignment set forth herein as an
allocation for a project with a carryforward purpose.
4. The Assignor and Assignee each agree that it will take such further action and
adopt such further proceedings as may be required to implement the terms ofthis Assignment.
5. Nothmg contained m thiS Assignment shall oblIgate the Assignee to finance
mortgage loans in any particular amount or at any partIcular interest rate or to use any particular
percentage of the proceeds of its Revenue Bonds to provide mortgage loans to finance single-
family housing facilities located in the City of Wheat Ridge.
6. This ASSIgnment is effective upon execution and IS Irrevocable.
IN WITNESS WHEREOF, the parties hereto have duly executed this Assignment on the
date first wntten above.
CITY OF WHEAT RIDGE,
COLORADO
[S E A L]
By:
ATTEST:
Title: Mayor
By:
Title: City Clerk
RDF\53027\448212.1
2
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 19-2004
A FORM OF RESOLUTION AUTHORIZING
ASSIGNMENT TO THE COLORADO HOUSING AND
FINANCE AUTHORITY OF A PRIVATE ACTIVITY BOND
ALLOCATION OF THE CITY OF WHEAT RIDGE
PURSUANT TO THE COLORADO PRIVATE ACTIVITY
BOND CEILING ALLOCATION ACT
WHEREAS, the City of Wheat Ridge is authorized and empowered under the laws of
the State of Colorado (the "State") to issue revenue bonds for the purpose of proVIding single-
family mortgage loans to low- and moderate-income persons and families; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"), restricts the
amount of tax-exempt bonds ("Private Activity Bonds") which may be issued in the state to
provide such mortgage loans and for certam other purposes; and
WHEREAS, pursuant to the Code, the Colorado legislature adopted the Colorado Private
Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised
Statutes (the "Allocation Act"), providing for the allocation of the State Ceilmg among the
Colorado Housmg and Finance AuthOrIty (the "AuthOrIty") and other governmental units in the
State, and further providing for the assignment of such allocations from such other governmental
units to the Authority; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the AllocatIOn Act,
the City of Wheat Ridge has an allocation of the 2003 State Ceiling for the issuance of a
specified principal amount of Private ActIvity Bonds prior to September 15, 2003 (the "2003
Allocation"): and
WHEREAS, the City of Wheat Ridge has determined that, in order to increase the
availability of adequate affordable housing of low- and moderate-income persons and families
WIthin the City of Wheat Ridge and elsewhere m the State, it IS necessary or desirable to provide
for the utilIzation of all or a portion of the 2003 Allocation; and
WHEREAS, the City of Wheat Ridge has determined that the 2003 Allocation, or a
portion thereof, can be utilIzed most efficiently by aSSigning it to the Authority to issue Private
Activity Bonds for the purpose of providing smgle-family mortgage loans to low- and moderate-
income persons and familIes; and
WHEREAS, the City Council of the City of Wheat RIdge has determined to assign
$1,292,640 of ItS 2004 Allocation to the Authority, which assignment IS to be eVidenced by an
Assignment of Allocation between the CIty of Wheat Ridge and the Authority (the "ASSignment
of Allocation")
A.TTA~HI\IIENT 2
NOW THEREFORE, BE IT RESOLVED by the City CouncIl of the City of Wheat
Ridge as follows:
1. The assignment to the Authority of $1,292,640 of the City of Wheat Ridge's 2004
AllocatIon be and hereby is approved.
2. The form and substance of the Assignment of Allocatlon be and hereby are
approved; provided, however, that the Mayor be and hereby is authorIzed to make such techrrical
variations, additions or deletIOns in or to such Assignment of Allocation as he shall deem
necessary or appropriate and not inconsistent with the approval thereof by this resolutIOn.
3. The City Council of the City of Wheat Ridge be and hereby is authorized to
execute and deliver the Assignment of Allocation on behalf of the City of Wheat Ridge and to
take such other steps or actions as may be necessary, useful or convement to effect the aforesaId
assignment in accordance with the intent of thIS resolution.
4. If any section, paragraph, clause, or provision of this resolutIon shall for any
reason be held to be invalId or unenforceable, the invalidity or unenforceability of such section,
paragraph, clause, or provision shall not affect any ofthe remaining provisions of this resolution.
5. This resolution shall be in full force and effect upon its passage and approval.
DONE AND RESOLVED thiS _ day of
,2004.
Gretchen Cerveny, Mayor
ATTEST:
Pamela Y. Anderson, City Clerk
RDF\53D27\448221 1
2
[S E A L]
ATTEST:
By:
Assistant Secretary
RDf\5302714482 I 2 I
COLORADO HOUSING AND FINANCE
AUTHORITY
By:
Executive Director
3
ITEM NO' --L...E
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23,2004
TITLE:
REAPPOINTMENT OF MUNICIPAL JUDGES
o PUBLIC HEARING
[gJ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING
o ORDINANCES FOR 2ND READING (Date:
)
Quasi-Judicial:
o
Yes
~
No
city~1s
City Attorney
EXECUTIVE SUMMARY:
The City of Wheat Ridge Charter provides for appointment of municipal judges for two (2) year
terms of office. The two municipal judges for the City of Wheat Ridge are due for reappointment.
The judges have been evaluated. The Council may choose to meet with the judges, initiate a new
selection and interview process, or simply reappoint them.
COMMISSION/BOARD RECOMMENDATION:
N/A
AL TERNA TIVES CONSIDERED:
CouncIl may' (I) reappoint the two current judges, (2) meet with the current Judges before acting, or
(3) ask for application and conduct a formal selection process.
FINANCIAL IMPACT:
N/A.
RECOMMENDED MOTION:
"I move to reappoint Christopher Randall as Chief Judge, and Charles Rose as Associate Judge of
the Wheat Ridge Municipal Court, for terms of two years, commencing immediately."
Report Prepared by" Gerald Dahl, City Attorney (303) 376-5019
Attachments:
1 Memorandum from the CIty Attorney
GED\53027\482231 1
.
GORSUCH KIRGIS LLP
ATTORNEYS AT LAW
MEMORANDUM
TO:
MAYOR & COUNCIL
RE:
GERALD DAHL, CITY ATTORNEY
AUGUST 12, 2004 FOR COUNCIL MEETING OF AUGUST 23,2004
MUNICIPAL JUDGE REAPPOINTMENT
FROM:
DATE.
The City's two municipal judges serve terms of two years, as prescribed by the
Charter Both Chief Judge Christopher Randall and Associate Judge Charles Rose are
due for reappointment. Associate Judge Terry Tomsic has resigned her position to
pursue graduate studies in Montreal
The Council has been given summaries of written evaluations of Judges Randall
and Rose These evaluations were taken from written questionnaires which court
personnel, police, defendants and attorneys were asked (but not required) to fill out.
Forty-six surveys were filled out for Judge Randall and fifty-three for Judge Rose.
Both judges have told me they would be happy to meet with the Council
cc w/encl
Judge Christopher Randall
Judge Charles Rose
GED\53027.2\482243 I
ATTACHMENT 1
ITEM NO.
\,6.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23,2004
TITLE:
APPROVAL OF EXTENDED SERVICE CONTRACT - PERICLE
COMMUNICA TIONS
o PUBLIC HEARING
~ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date._)
o ORDINANCES FOR 2ND READING
Quasi-Judicial: 0
Yes
~
No
~~~
City Man r ~
EXECUTIVE SUMMARY:
In 2003 the City entered into a contract with Pericle Communications to evaluate the public safety
communications system, and to make recommendations for improvements to that system. A variety of
problems were noted, and a three tierd system to improve communications was suggested. One of
those suggested remedies was for the City of Wheat Ridge to join another system that had
transmission capabilities from antennas located on the foothills west of Wheat Ridge. While this was
an attractive alternative, it was also a very expensive alternative in excess of$l million.
With the City's participation in the Urban Area Security Initiative (UASI) came a proposal for the City
to join the Denver Public Safety Wireless Communication system. The grant request was ultimately
approved through UASI and will provde $1.5 million in funds toward a combined system. We
anticipate that the new system will solve most of our transmission and reception problems experienced
at thiS time; however, we also feel that we need to proceed with caution, and due care to ensure that
we get the best product and system available by this merger
The City currently does not have any technical expertise on staffto appropriately monitor, and verifY
the affects of the Denver project, or the quality of that project. We are proposing that the Pericle
Communications contract be extended to provide the following services.
· Complete further electronic testing and evaluation of radio coverage from Denver sites on Mt.
Morrison,
· ReView the speCifications for new radio equipment and make recommendations;
. Measure signal strength throughout the City;
· Supervise work on our current tower site and the mstallation of any new eqUIpment to that site.
· Manage the communications project between the City of Denver and the City of Wheat Ridge.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The merger between the City of Denver and the City of Wheat Ridge for communications services is a
stark departure from the tradition this City has held for the past thirty plus years providing its own
communications services. The City will retain ultimate ownership of five paired frequencies should it
ever leave the Denver system. Pericle communictions provides engineering and technical expertise
not otherwise available. Pericle is familiar with our system and has previously conducted a thorough
evaluation of that system. They are the most qualified vendor to complete the next phase in this
project on behalf of the City of Wheat Ridge.
AL TERNA TIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
Funding for thiS project has been budgeted and is encumbered in account 750 under Purchase Order
56833. The balance in this encumbered account is $49,300. Pericle communication has indicated a
project cost of $49,200.
RECOMMENDED MOTION:
"I move to approve the contract with Pericle Communications to provide technical assistance, project
management, and evaluation for the City of Wheat Ridge/City of Denver communications merger.
Costs for this contract will be taken from account 750 under Purchase Order 56833 in an amount not
to exceed $49,200."
or,
"I move to table indefinitely the contract with Pericle Communications for the following reason(s)
"
Report Prepared by: Jack Hurst, Police Chief
Reviewed by: Randy Young, City Manager
Attachments:
1. August 10,2004 Memorandum to Chief Hurst
2. Proposal from Pericle Communications Company
040823 Request for Council Action PeTicle Comm
WHEAT RIDGE POLICE DEPARTMENT
MEMORANDUM
TO'
FROM.
SUBJECT.
DATE.
Chief Hurst
Larry Stodden
Pericle Communications Company Proposal
August 10,2004
Attached you will find Pericle Communications' proposal for consultmg and engineerIng
services for upgrading radio coverage in the City of Wheat Ridge.
In 2003 Pericle Communications was selected to conduct a study of our current radio
system, and determme the reasons why coverage has been, at best, marginal throughout
much of the city, and non-existent in several areas.
Pericle completed their study in July 2003, and prOVided us with several optIons, one of
which was to jom an existing system that could provide us much Improved coverage
throughout our JunsdictIon, and offer other benefits as well.
Prelimmary radio tests have been completed utIlizing the Denver radio system tower sIte
on Mount Morrison, just southwest of Wheat Ridge. The results of these tests have been
very encouragmg, however further electronic testing is needed to thoroughly evaluate
coverage throughout the entire city, utilizing Denver's eXIsting as well a proposed sites.
The City does not employ anyone with the expertise to conduct further testing, or proVide
overall project management for thiS endeavor, therefore Pericle Communications, as our
radio consultant has submItted the attached proposal to represent our interests.
PerIcle will drive the city with electronic equipment that can measure signal strength off
several sites simultaneously. This data will be processed and presented to us before any
deCISIons are made
ProViding the coverage meets our needs, Pericle Will manage the project of convertmg
over to the Denver system, assisting in product selection, delivery, installment and testing
of all equipment.
PerIcle will also supervise work on our current tower site to remove the eXisting
equipment and the installation of equipment reqUIred to utilIze the Denver system.
Pericle's proposal offers full project management and representation of the City's
interests in the changeover from our existing system, to the Denver system.
Project cost IS $49,200 00, which includes all tower labor and materials
utilized. Funding is from encumbered account 750, PO 56833 - Balance $49, 300 00
ATTACHMENT 1
City of Wheat Ridge 800 MHz Radio Project - Cost Proposal
Pericle Communications Company
June 4, 2004
Professional Engineering Services
Labor Rates:
Principal Engineer (Jacobsmeyer) $ 180
Senior Staff Engineer (Mieszala) $ 150
Radio Technician (Naro) $ 100
1. Consultant Labor
Hou rs Rate Total
Task 1 - Prepare Test Plan Setup Transmitters Etc. for Drive Test
Principal Engineer (Jacobsmeyer) 8 $ 180 $ 1 ,440
Senior Staff Engineer (Mieszala) 24 $ 150 $ 3,600
Task 2 - Conduct Drive Test
Principal Engineer (Jacobsmeyer) $ 180 $
Senior Staff Engineer (Mieszala) 8 $ 150 $ 1,200
Radio Technician (Naro) 40 $ 100 $ 4,000
Task 3 - Process Drive Test Data
Principal Engineer (Jacobsmeyer) 4 $ 180 $ 720
Senior Staff Engineer (Mieszala) 8 $ 150 $ 1.200
Radio Technician (Naro) 16 $ 100 $ 1,600
Task 4 - Prepare Presentation Present Results to Wheat Ridge
Principal Engineer (Jacobsmeyer) 10 $ 180 $ 1,800
Senior Staff Engineer (Mieszala) 4 $ 150 $ 600
Task 5 - Proiect ManaQement for Denver Svstem Cutover
Principal Engineer (Jacobsmeyer) 32 $ 180 $ 5,760
Senior Staff Engineer (Mieszala) 120 $ 150 $ 18,000
Labor Subtotal 274 $ 39,920
ITOTAL PROFESSIONAL ENGINEERING SERVICES $ 39,900 I
Subcontract Work
1. Tower Work at 20th & Oak (Soectrum Constructionl
Install new antenna and line (2 climbers, 16 hours each) $ 2,400
Celwave 800 MHz Omni Antenna $ 350
7/8" Heliax, 250 feet $ 825
Connectors $ 275
Miscellaneous mounting hardware $ 450
Page 1 of 2
2. Tower Work at Wheat Ridae Tower & Boosters
Duplexer for conventional repeater backup system
Safely climb hardware
Install duplexer and safety climb device
Remove unused antennas and lines from tower
Booster amplifier re-alignment
$ 750
$ 850
$ 1,200
$ 1,200
$ 1,000
$ 9,300
$ 9,300 I
$ 49,200 I
Tower Work Subtotal (est.)
I TOTAL SUBCONTRACT WORK
I GRAND TOTAL (rounded to nearest hundred)
Reviewed and Approved for Submission
- Original Signed -
Jay M. Jacobsmeyer, P.E.
President
(719) 548-1040
Page 2 of 2
Proposal for Professional Engineering Services
City of Wheat Ridge, Colorado
DATE:
August 6, 2004
(supersedes all previous proposals for
this scope of work)
FEIN/SSN:
84-1207933
COMPANY:
Pericle CommunicatIOns Company
ADDRESS:
1910 Vindicator Dnve, Suite 100
CITY/STATE/ZIP:
Colorado Springs, CO 80919
PHONE.
FAX:
(719) 548-1040
(719) 548-1211
EMAIL:
jacobsmeyer@pericle.com
TYPED/PRINTED NAME:
Jay M. Jacobsmeyer, P.E.
AUTHORIZED SIGNATURE:
- original signed -
TITLE:
President
ATTACHMENT 2
Proposal for Professional Engineering Services
City of Wheat Ridge, Colorado
Pericle Communications Company
August 6, 2004
1.0 Pupose
The purpose of this document is to furnish the City of Wheat Ridge with a technical and cost
proposal to address two related activities:
I) Through drive testing, thoroughly evaluate the coverage performance of the Denver
EDACS 800 MHz radio network inside Wheat Ridge city limits.
2) If radIO coverage is adequate and the City decides to move to the Denver network,
assist the City of Wheat Ridge in a cutover of its existing 800 MHz radIO system to the
Denver EDACS network.
20 Statement of Work
We propose to perform the following tasks.
Task I - Prepare for Drive Testing. The City and County of Denver ("Denver") is
considering a plan to augment Its existing single repeater site at Mt. Morrison with other sites.
One possible site is the Denver Water Board radio tower at 20th and Oak in Wheat Ridge. To
assess the performance of this new location, we will install an antenna and signal generator at
this location to create a test signal for the drive test. Measuring the performance of the 20th &
Oak tower is important because if the Mt. Morrison tower does not provide complete
coverage, this site may fill in the gaps. Drive testing will be conducted throughout the City of
Wheat Ridge using signals from three locations. existing Wheat Ridge (for baseline
comparison), Mt. Morrison (Denver), and 20th & Oak (potential Denver simulcast site).
Task 2 - Conduct Drive Test. Using the same methods as the origmal drive testing we
conducted for Wheat Ridge in 2003, will will conduct a drive test of the entire City of Wheat
Ridge, collecting Signal measurements from the existing Wheat Ridge trunked system, Mt.
Morrison, and 20th & Oak. In addition to street measurements, we will conduct indoor
measurements inside up to four public buildings.
Task 3 - Process Drive Test Data. The drive test coverage measurements will be processed and
plotted on digital street maps.
2
Task 4 - Prepare and Make Presentation. We will prepare a PowerPoint slide presentation
and present the results of the dnve test measurements with our recommendation to the City of
Wheat Ridge. Following this presentatIon, we expect the City will make a decision to proceed
or not to proceed with the move to the Denver radio system. Depending on the outcome of the
testing, Wheat Ridge may specify in its contract with Denver which sites must be part of the
Denver network and the minimum traffic capacity of these sites to ensure Wheat Ridge is
adequately supported.
Task 5 - Proiect Management. Project management tasks include the following:
1) Purchasing. With Wheat Ridge mput, Pericle will prepare a performance specificatIOn
for MAlCOM portable and mobile radios, help select appropriate models and accessories, and
create a bill of materials with pricing. Pericle will assist with purchasing tasks to get the
radios delivered, installed and checked out.
2) FCC Llcensmg. Pencle will help coordinate any licensmg actions with Denver and the
FCC to get the eXlsting Wheat Ridge five channels licensed at their new location.
3) Supervise Tower Work on Denver Water Board Tower Our subcontractor, Spectrum
Construction, will install a test antenna and coaxial line on the Denver Water radio tower at
20th and Oak m Wheat Ridge. During the drive testing, a test transmitter will be connected to
this antenna to assess the coverage performance of this potential Denver simulcast site.
4) Supervise Tower Work on Wheat Ridge Tower Tower work on the Wheat Ridge
tower includes the following:
Install weather seals on tower legs
Install attachment hardware to secure eXisting transmission lines
Install duplexer on conventional repeater (backup system)
Remove unused lInes and antennas
Install safety climb device per OSHA requirements
5) Reconfigure Booster AmplIfier Systems. Wheat Ridge operates several booster
amplifier systems for indoor coverage at key public buildings in the City The donor antennas
for these systems must be re-aligned to collect the donor signal from Mt. Morrison rather than
the Wheat Ridge tower Also, given the different propagation characteristics, these systems
may require level adjustments. Also, system checks are needed to ensure there is no system
feedback after the donor antenna is re-aligned.
6) Traffic Capacity Analysis. Pericle will conduct a traffic engineering study to determine
the minimum channel count at Denver radio sites that would prOVIde service within the City
lImits of Wheat Ridge. We will work with Denver and MAlCOM to ensure system parameters
and access protocols are set appropriately to ensure Wheat Ridge capacity needs are met. The
3
traffic engmeering study is essentially a prediction of the probability of call blocking (failed
push-to-talk attempts) for the City of Wheat Ridge users.
7) Assist with Microwave Link & Consoles. Pericle will represent the City's interests in
the design and implementation of the microwave radio link to Mt. Morrison and the MIA-COM
consoles. At Mt. Morrison, Pericle will coordinate the permitting process for the microwave
dish antenna.
3.0 Project Schedule
A tentative project schedule is shown in Table 1.
Table 1 . Proposed Schedule
Time from
Task or Milestone Start of
Project Tentative Date
Milestone. Contract with City Executed NA July 1, 2004
Antenna and Line Installed 2 weeks July 14,2004
Drive Test Completed 3 weeks July 21, 2004
Drive Test Results Presented 5 weeks August 7, 2004
Decision to Proceed with Denver Cutover 7 weeks August 21, 2004
MAlCOM Radios Specified and Ordered 10 weeks September 14. 2004
Radios Delivered, Installed and Tested (Tentative) 20 weeks November 21, 2004
Network Testing 22 weeks December 7, 2004
Milestone. Project Complete 23 Weeks December 14, 2004
4.0 Fee Schedule
Please see our itemized fee schedule in Appendix A to the this proposal. The total project cost,
including professional engineering services and tower work is estimated at $49,200.
Our labor rates for calendar year 2004 are the following:
Jay M. Jacobsmeyer, P.E.
Mark A. Wickert, Ph.D
David L. McGinley
Dan Mieszala
Paul Naro
$ 180 per hour
$ 180 per hour
$ 150 per hour
$ 150 per hour
$ 100 per hour
Principal Engineer
Principal Engineer
Senior Engineer
Senior Engineer
RadIO Techmclan
Administrahve support is included in our overhead and is not billed separately.
The fee schedule in Appendix A also includes a section for subcontract work, speCifically the
4
tower work at the Denver Water Board radio tower at 20th and Oak and at the eXlstmg Wheat
Ridge tower on Wadsworth.
5
Appendix A - Itemized Fee Schedule
ITEM NO:
'.6.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23, 2004
TITLE:
APPROVAL OF EXTENDED SERVICE CONTRACT - PERICLE
COMMUNICATIONS
o PUBLIC HEARING
[8J BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date. _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial: 0
Yes
[8J
No
~~r-q
City Man r ~
EXECUTIVE SUMMARY:
In 2003 the City entered into a contract with Pericle Communications to evaluate the public safety
communications system, and to make recommendations for improvements to that system. A variety of
problems were noted, and a three tierd system to improve communications was suggested. One of
those suggested remedies was for the City of Wheat Ridge to join another system that had
transmission capabilIties from antennas located on the foothills west of Wheat Ridge. While this was
an attractive alternative, it was also a very expensive alternative in excess of $1 million.
With the City's participation in the Urban Area Security Initiative (UASI) came a proposal for the City
to join the Denver Public Safety Wireless Communication system. The grant request was ultimately
approved through UASI and will provde $1.5 million in funds toward a combined system. We
antiCipate that the new system will solve most of our transmission and reception problems experienced
at this time; however, we also feel that we need to proceed with caution, and due care to ensure that
we get the best product and system available by this merger.
The City currently does not have any technical expertise on staff to appropriately monitor, and verifY
the affects of the Denver project, or the qualIty of that project. We are proposing that the Pericle
Communications contract be extended to provide the following services:
. Complete further electronic testing and evaluation of radio coverage from Denver sites on Mt.
Morrison,
. Review the specifications for new radio eqUIpment and make recommendations;
. Measure signal strength throughout the City;
. Supervise work on our current tower site and the mstallation of any new eqUIpment to that site.
. Manage the communications project between the City of Denver and the City of Wheat Ridge.
COMMISSIONiBOARD RECOMMENDA nON:
N/A
STATEMENT OF THE ISSUES:
The merger between the City of Denver and the City of Wheat Ridge for communications services is a
stark departure from the tradition this City has held for the past thirty plus years providing its own
communications services. The City will retain ultimate ownership of five paired frequencies should it
ever leave the Denver system. PerIcle communictions provides engineering and technical expertise
not otherwise available. Pericle is familiar with our system and has previously conducted a thorough
evaluation of that system. They are the most qualified vendor to complete the next phase in this
project on behalf of the City of Wheat Ridge.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
Funding for this project has been budgeted and is encumbered in account 750 under Purchase Order
56833. The balance in this encumbered account is $49,300. Pericle communication has indicated a
project cost of $49,200.
RECOMMENDED MOTION:
"I move to approve the contract with Pericle Communications to provide technical assistance, project
management, and evaluation for the City of Wheat Ridge/City of Denver communications merger.
Costs for this contract will be taken from account 750 under Purchase Order 56833 in an amount not
to exceed $49,200."
or,
"I move to table indefinitely the contract with Pericle Communications for the following reason(s)
"
Report Prepared by: Jack Hurst, Police Chief
Reviewed by. Randy Young, City Manager
Attachments:
1. August 10, 2004 Memorandum to Chief Hurst
2. Proposal from Pericle Communications Company
040823 Request for Council Action Pericle Comm
WHEAT RIDGE POLICE DEPARTMENT
MEMORANDUM
TO.
FROM:
SUBJECT.
DATE.
Chief Hurst
Larry Stodden
Pericle Communications Company Proposal
August 10, 2004
Attached you will find Pericle Communications' proposal for consulting and engineering
services for upgradmg radIO coverage m the City of Wheat Ridge
In 2003 PerIcle Communications was selected to conduct a study of our current radio
system, and determine the reasons why coverage has been, at best, marginal throughout
much ofthe city, and non-existent in several areas.
Pericle completed their study in July 2003, and provided us with several options, one of
which was to jom an existing system that could provide us much improved coverage
throughout our jurisdiction, and offer other benefits as well.
PrelIminary radio tests have been completed utilizing the Denver radio system tower site
on Mount Morrison, just southwest of Wheat Ridge The results of these tests have been
very encouraging, however further electronic testing is needed to thoroughly evaluate
coverage throughout the entire city, utIlIzing Denver's eXisting as well a proposed sites.
The City does not employ anyone with the expertise to conduct further testing, or proVide
overall project management for this endeavor, therefore Pericle Communications, as our
radIO .consultant has submitted the attached proposal to represent our interests.
Pericle will drIve the city with electronic equipment that can measure signal strength off
several sites simultaneously ThiS data will be processed and presented to us before any
deCisions are made.
Providing the coverage meets our needs, Pericle will manage the project of converting
over to the Denver system, asslstmg m product selection, delivery, installment and testing
of all equipment.
Pericle will also supervise work on our current tower site to remove the existmg
equipment and the installation of equipment required to utilize the Denver system.
Pericle's proposal offers full project management and representation of the City's
interests in the changeover from our existing system, to the Denver system.
Project cost is $49,200 00, which includes all tower labor and materials
utilized. Funding is from encumbered account 750, PO 56833 - Balance $49, 300 00
ATTACHMENT 1
City of Wheat Ridge 800 MHz Radio Project - Cost Proposal
Pericte Communications Company
June 4, 2004
Professional Engineering Services
Labor Rates:
Principal Engineer (Jacobsmeyer) $ 180
Senior Staff Engineer (Mieszala) $ 150
Radio Technician (Naro) $ 100
1. Consultant Labor
Hours Rate Total
Task 1 - PreDare Test Plan. SetuD Transmitters Etc. for Drive Test
Principal Engineer (Jacobsmeyer) 8 $ 180 $ 1,440
Senior Staff Engineer (Mieszala) 24 $ 150 $ 3.600
Task 2 - Conduct Drive Test
Principal Engineer (Jacobsmeyer) $ 180 $
Senior Staff Engineer (Mieszala) 8 $ 150 $ 1,200
Radio Technician (Naro) 40 $ 100 $ 4,000
Task 3 - Process Drive Test Data
Principal Engineer (Jacobsmeyer) 4 $ 180 $ 720
Senior Staff Engineer (Mieszala) 8 $ 150 $ 1,200
Radio Technician (Naro) 16 $ 100 $ 1,600
Task 4 - Prepare Presentation Present Results to Wheat Ridoe
Principal Engineer (Jacobsmeyer) 10 $ 180 $ 1,800
Senior Staff Engineer (Mieszala) 4 $ 150 $ 600
Task 5 - Proiect Manaaement for Denver Svstem Cutover
Principal Engineer (Jacobsmeyer) 32 $ 180 $ 5,760
Senior Staff Engineer (Mieszala) 120 $ 150 $ 18,000
Labor Subtotal 274 $ 39,920
ITOTAL PROFESSIONAL ENGINEERING SERVICES $ 39,900 I
Subcontract Work
1. Tower Work at 20th & Oak (SDectrum Construction\
Install new antenna and line (2 climbers, 16 hours each) $ 2,400
Celwave 800 MHz Omni Antenna $ 350
7/8" Heliax, 250 feet $ 825
Connectors $ 275
Miscellaneous mounting hardware $ 450
Page 1 of 2
2. Tower Work at Wheat Ridge Tower & Boosters
Duplexer for conventional repeater backup system
Safety climb hardware
Install duplexer and safety climb device
Remove unused antennas and lines from tower
Booster amplifier re-alignment
$ 750
$ 850
$ 1,200
$ 1,200
$ 1,000
$ 9,300
$ 9,300 I
$ 49,200 I
Tower Work Subtotal (est.)
ITOTAL SUBCONTRACT WORK
I GRAND TOTAL (rounded to nearest hundred)
Reviewed and Approved for Submission
- Original Signed -
Jay M. Jacobsmeyer, P.E.
President
(719) 548-1040
Page 2 of 2
Proposal for Professional Engineering Services
City of Wheat Ridge, Colorado
DATE:
August 6, 2004
(supersedes all previous proposals for
this scope of work)
FEIN/SSN:
84-1207933
COMPANY:
Pericle Communications Company
ADDRESS:
1910 Vindicator Dnve, Suite 100
CITY/STATElZIP:
Colorado Springs, CO 80919
PHONE:
FAX:
(719) 548-1040
(719) 548-1211
EMAIL:
TYPED/PRINTED NAME.
jacobsmeyer@pericle.com
Jay M. Jacobsmeyer, P.E.
AUTHORIZED SIGNATURE:
- original signed -
TITLE:
President
ATTACHMENT 2
Proposal for Professional Engineering Services
City of Wheat Ridge, Colorado
Pericle Communications Company
August 6, 2004
1.0 Pupose
The purpose of this document is to furnish the City of Wheat Ridge with a technical and cost
proposal to address two related activities:
I) Through drive testing, thoroughly evaluate the coverage performance of the Denver
EDACS 800 MHz radio network inside Wheat Ridge city hmits.
2) If radio coverage is adequate and the City decides to move to the Denver network,
assist the City of Wheat Ridge in a cutover of its eXlstmg 800 MHz radio system to the
Denver EDACS network.
2.0 Statement of Work
We propose to perform the following tasks:
Task I - Prepare for Drive Testing. The City and County of Denver ("Denver") is
considering a plan to augment its existmg single repeater site at Mt. Momson with other sites.
One possible site is the Denver Water Board radio tower at 20th and Oak in Wheat Ridge. To
assess the performance of this new location, we will install an antenna and signal generator at
this location to create a test signal for the drive test. Measuring the performance of the 20th &
Oak tower is important because if the Mt. Morrison tower does not provide complete
coverage, this site may fill in the gaps. Drive testing will be conducted throughout the City of
Wheat Ridge using signals from three locations. existing Wheat Ridge (for baseline
comparison), Mt. Morrison (Denver), and 20th & Oak (potential Denver simulcast site).
Task 2 - Conduct Drive Test. Using the same methods as the origmal drive testing we
conducted for Wheat Ridge in 2003, will will conduct a drive test of the entire City of Wheat
Ridge, collecting signal measurements from the existing Wheat Ridge trunked system, Mt.
Morrison, and 20th & Oak. In addition to street measurements, we will conduct indoor
measurements mSlde up to four public buildings.
Task 3 - Process Dove Test Data. The drive test coverage measurements will be processed and
plotted on digital street maps.
2
Task 4 - Prepare and Make Presentation. We will prepare a PowerPomt shde presentation
and present the results of the dnve test measurements with our recommendation to the City of
Wheat Ridge. Following this presentatIOn, we expect the City will make a decisIOn to proceed
or not to proceed with the move to the Denver radio system. Depending on the outcome of the
testing, Wheat Ridge may specify in ItS contract with Denver which sites must be part of the
Denver network and the minimum traffic capacity of these sites to ensure Wheat Ridge is
adequately supported.
Task 5 - Proiect Management. Project management tasks mclude the following:
1) Purchasing. With Wheat Ridge input, Pericle will prepare a performance specification
for MAlCOM portable and mobile radios, help select appropriate models and accessories, and
create a bill of materials with pricing. Pericle will assist with purchasing tasks to get the
radIOS delivered, installed and checked out.
2) FCC Llcensmg. Pericle will help coordmate any licensmg actions with Denver and the
FCC to get the eXisting Wheat Ridge five channels licensed at their new location.
3) Supervise Tower Work on Denver Water Board Tower. Our subcontractor, Spectrum
Construction, will install a test antenna and coaxial line on the Denver Water radio tower at
20th and Oak in Wheat Ridge. During the drive testing, a test transmitter will be connected to
this antenna to assess the coverage performance of this potential Denver Simulcast site.
4) Supervise Tower Work on Wheat Ridge Tower. Tower work on the Wheat Ridge
tower includes the following:
Install weather seals on tower legs
Install attachment hardware to secure existing transmission lines
Install duplexer on conventional repeater (backup system)
Remove unused lines and antennas
Install safety climb device per OSHA requirements
5) Reconfigure Booster Amplifier Systems. Wheat Ridge operates several booster
amphfier systems for indoor coverage at key pubhc buildings ill the City The donor antennas
for these systems must be re-aligned to collect the donor signal from Mt. Morrison rather than
the Wheat Ridge tower Also, given the different propagation characteristics, these systems
may require level adjustments. Also, system checks are needed to ensure there is no system
feedback after the donor antenna is re-aligned.
6) Traffic Capacity Analysis. Pericle will conduct a traffic engineering study to determine
the minimum channel count at Denver radio sites that would provide service within the city
hmlts of Wheat Ridge. We will work with Denver and MAlCOM to ensure system parameters
and access protocols are set appropriately to ensure Wheat Ridge capacity needs are met. The
3
traffic engmeering study is essentially a prediction of the probability of call blocking (failed
push-to-talk attempts) for the City of Wheat Ridge users.
7) Assist with Microwave Link & Consoles. Pericle will represent the City's interests in
the design and implementation of the microwave radio link to Mt. Morrison and the MIA-COM
consoles. At Mt. Morrison, Pericle will coordinate the permitting process for the microwave
dish antenna.
3.0 Project Schedule
A tentative project schedule is shown in Table I.
Table 1 - Proposed Schedule
Time from
Task or Milestone Start of
Project Tentative Date
Milestone: Contract with City Executed NA July 1, 2004
Antenna and Line Installed 2 weeks July 14, 2004
Drive Test Completed 3 weeks July 21, 2004
Drive Test Results Presented 5 weeks August 7, 2004
Decision to Proceed with Denver Cutover 7 weeks August 21, 2004
MNCOM Radios Specified and Ordered 1 D weeks September 14, 2004
Radios Delivered, Installed and Tested (Tentative) 20 weeks November 21,2004
Network Testing 22 weeks December 7, 2004
Milestone. Project Complete 23 Weeks December 14, 2004
4.0 Fee Schedule
Please see our itemized fee schedule in Appendix A to the this proposal. The total project cost,
including professional engineering services and tower work is estimated at $49,200.
Our labor rates for calendar year 2004 are the following:
Jay M. Jacobsmeyer, P.E.
Mark A. Wickert, Ph.D
David L. McGinley
Dan Mieszala
Paul Naro
$ 180 per hour
$ I 80 per hour
$ 150 per hour
$ 150 per hour
$ 100 per hour
Principal Engineer
PrIncipal Engineer
Senior Engineer
Senior Engineer
Radio Technician
Administrative support is included in our overhead and is not billed separately.
The fee schedule m Appendix A also includes a section for subcontract work, specifically the
4
tower work at the Denver Water Board radio tower at 20th and Oak and at the existing Wheat
Ridge tower on Wadsworth.
5
Appendix A - Itemized Fee Schedule
ITEM NO: ~
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23, 2004
TITLE:
COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE
WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date.)
~ ORDINANCES FOR 2ND READING
Quasi-Judicial: 0 ~
Yes No
CityM~~r
City Attorney
EXECUTIVE SUMMARY:
Amends Chapter 15 of the Wheat Ridge Coe of Laws (Nuisances), by makmg a number of corrections
and minor revisions. Provides for the issuance of an abatement order by the municipal judge.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The time mvolved in abating nuisances is a perennial challenge. The ordinance will help to shorten
the process. It will also proVide for judicial review prior to entry onto !?rivate property for non-
criminal, non-emergency environments.
ALTERNATIVES CONSIDERED:
Retain current systems, under which abatement is not generally ordered until after a criminal action is
filed.
FINANCIAL IMP ACT:
Abatement orders will enable the City to deal with nuisances more quickly. The Code permits the City
to recover its costs of abatement by certifying the same to the County Treasurer. However, the cost for
abatement processes varies considerably from one situation to another. The initial cost for abatement
must be met by the City, and reimbursement may not occur for several months. The Police
Department has, periodically, provided for some abatement costs in the annul General Fund Budget.
These are minimal amounts. Should a complicated abatement process occur the cost may have to
come from unallocated funds, with City Council approval.
RECOMMENDED MOTION:
"1 move to approve Council Bill 16-2004 an Ordinance Amending the Wheat Ridge Code of Laws
Pertaining to Nuisances on second reading, and that it take effect 15 days after final publication."
or,
"I move to table indefinitely Council Bill 16-2004 for the following reason(s)
"
Report Prepared by' Gerald Dahl, City Attorney (303) 376-5019
Reviewed by: Jack Hurst, Police Chief (303) 235-2811
Attachments:
1. Council Bill 16-2004
040823 PH CAF Chapter 15 Abatement Process
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DiTullio
Council Bill No. 16-2004
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS PERTAINING TO NUISANCES
WHEREAS, the City Council of the City of Wheat Ridge, Colorado desires to
amend certain sections of Chapter 15 of the Wheat Ridge Code of Laws, to improve
nuisance enforcement.
Section 1: Section 15-1 of the Code of Laws is amended to read:
It shall be the policy of the city to promote the health, safety, morals,
convenience, order, prosperity and welfare of the present and future
inhabitants of the city and, therefore, the city council declares that every
nuisance shall be unlawful, and shall be restrained, prevented, abated and
enjoined. This chapter governs the prohibition and control of nuisances
throughout the city. Authority to enforce the provisions of this chapter is
vested in ANY AUTHORIZED CITY OFFICER the city animal pork code
enforcement officers ("/\PCO officers"). Such officers sh::lIl ha'.'e the
authority as peace officers set forth in section 2 33 of this Code.
Section 2:
All references in Chapter 15 of the Code of Laws to "APCO officer" or "an
APCO officer" are hereby amended to read "authorized city officer."
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 15-8 of the Code of Laws is amended to read as follows.
Sec. 15-8. Abatement
(a) Notice to abate. An APCO officer ANY AUTHORIZED CITY
OFFICER, upon the discovery of any nuisance on public or private
property in the city, may, in the exercise of his discretion, notify the
responsible party in writing, requiring the responsible party to remove and
abate from the property the thing or things therein described as a
nuisance For any nuisance which does not threaten eminent danger of
damage or injury, and for which a discretionary notice to abate has been
issued, the reasonable time for abatement shall not exceed seven
calendar (7) days unless it appears from the facts and circumstances that
GED\530271475514.1
ATTACHMENT 1
compliance could not reasonably be made within seven (7) calendar days
or that a good faith attempt at compliance is being made.
(b) Service of notice. If written notice to abate is given, it shall be
served by:
(1) Personally delivering a copy of the notice to the responsible party
described in the notice if the responsible party also resides at the
property; or
(2) Mailing a copy of the notice by first class or certified mail, return
receipt requested, to the last known address of the responsible
party as reflected in the county real estate records; or
(3) Posting a copy of the notice in a conspicuous place at the
unoccupied premises
(c), ABA TEMENT ORDER.
Upon the expiration of the period of notice, or at any time thereafter, if
the nuisance has not been abated on the property described in such
notice, the city may APPLY TO THE MUNICIPAL COURT FOR AN
ABATEMENT ORDER, as follows:
(1) THE APPLICATION SHALL BE ACCOMPANIED BY AN
AFFIDAVIT AFFIRMING THAT THE CITY HAS COMPLIED WITH
THE NOTICE REQUIREMENTS OF CODE SECTION 15-8(b) AND
THAT THE OWNER HAS FAILED TO ABATE THE IDENTIFIED
NUISANCE UPON THE PROPERTY.
(2) THE CITY SHALL GIVE NOTICE TO THE RESPONSIBLE PARTY
OF ITS APPLICATION FOR THE ABATEMENT OF ORDER IN
THE SAME MANNER AS PROVIDED ABOVE FOR SERVICE OF
THE ORIGINAL NOTICE.
(3) THE NOTICE OF APPLICATION FOR AN ABATEMENT ORDER
SHALL INCLUDE A COPY OF THE CITY'S APPLICATION AND
ITS AFFIDAVIT IN SUPPORT THEREOF, AS WELL AS THE
TIME, DATE, AND PLACE AT WHICH THE CITY WILL APPEAR
BEFORE THE MUNICIPAL COURT TO REQUEST ENTRY OF
THE ABATEMENT ORDER.
(4) AT THE STATED TIME, DATE, AND PLACE, THE MUNICIPAL
COURT JUDGE SHALL REVIEW THE APPLICATION FOR
ADMINISTRATIVE ABATEMENT ORDER, THE AFFIDAVIT, ANY
STATEMENT OF THE CITY IN SUPPORT THEREOF, AS WELL
AS ANY STATEMENT AND EVIDENCE PRESENTED BY THE
RESPONSIBLE PARTY, IF PRESENT
GED\53027\475514.1
-2-
(5) THEREAFTER, THE MUNICIPAL COURT IS AUTHORIZED TO
ENTER AN ORDER PERMITTING THE CITY TO enter upon such
property, abate the same and recover its costs as provided by
section 15-11.
(d)(G) Abatement without notice or court order Any nuisance
located or found in or upon any street, avenue, alley, public sidewalk,
highway, public right-of-way, public grounds, park, recreation facility, or
public property in the city may be abated without notice.
Sec. 15-10. Violations and penalty.
Section 15-10(d) of the Wheat Ridge Code of Laws, concerning violations and
penalty for convictions of nuisances, is amended to read as follows.
(d) As a portion of any judgment, fine or assessment levied upon
conviction of a violation of this article the court shall order that the
violation be abated within a time established by the court, but in no
event to exceed forty fi'/e (45) THIRTY (30) days from the date of
conviction. Failure to abate within the time so ordered may constitute
contempt of court, and shall be punishable as such. THE ORDER
SHALL ALSO PROVIDE THAT, in the event the defendant has not
abated the nuisance within forty fi'.'o (45) THIRTY (30) days after the
court order, the City or its agents ARE AUTHORIZED to do so
Section 3. 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 4. Severability: Conflictinn Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstifutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed
Section 5. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of R to
o on this 9th day of August ,2004, 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 23 , 2004, at 7:00
GED\53D27\475514.1
-3-
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 , 2004
SIGNED by the Mayor on this
day of
,2004
Gretchen Cerveny, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 12, 2004
Second Publication:
Wheat Ridge Transcript
Effective Date:
GEDI53027\475514.1 -4-
ITEM NO: 3,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE'
August 23, 2004
TITLE:
COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A
BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE
NOVEMBER 2, 2004 ELECTION, CONCERNING AN INCREASE
IN THE SALES AND USE TAX.
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:)
IZ;J ORDINANCES FOR 2ND READING
Quasi-Judicial: 0
Yes
IZ;J
No
City~~
EXECUTIVE SUMMARY:
At the July 26, 2004 City Council meeting, staff was directed to begin drafting ballot language for the
X 2004 General Election regarding sales and use tax with the following consideration. the Blue Ribbon
Panel recommendatIOns, recommendation for percent increase, a speCific target area for which the
revenues will be utilized and to bring back to City Council for consideration at an upcoming Council
meetmg.
COMMISSION/BOARD RECOMMENDATION:
The City Council commissioned a Blue Ribbon Panel in May 2004, which was charged with proViding
an independent analysis of the City's current fiscal challenges. After an eight-week analysis process,
the Panel presented eight recommendations to City Council, one of which was to "Increase sales and
use tax by 1 cent for the following areas in order of priority: a) restore polIce services to respond to
citIzen needs including school resource officers and park and green belt patrols; b) maintam and invest
in the City'S public infrastructures; c) enhance economic development efforts; d) enhance youth and
senIor programs.
STATEMENT OF THE ISSUES:
Shortly after the City incorporated in 1969, a 1 % sales and use tax was approved by the voters of the
City. Again in 1975, the voters approved an increase to the sales and use tax rate by 1 %. The City's
current sales and use tax rate is 2%, the lowest in the Denver metro area.
Since 1997, City expenses have been Increasing at a faster rate than revenues, 5.4% versus 2.5%
respectively To continue to provide services and programs to the residents of Wheat Ridge, City
Council had to use General Reserve funds to balance the budget. Since 1999, the General Reserve
fund has decreased by 21 %. Staff has projected that by fiscal year 2006; the General Reserve fund
balance will be approaching a level below 3 %, which IS in violation of state law and good budgeting
practices.
Between 2002 and 2004, City Council adopted a budget reduction program to help control costs. The
reductions mcluded the elimination of35.5 employee positions and numerous service and programs
reductions and eliminations.
In order to provide Council with an indication of where the citizens of Wheat Ridge stand on
increasing taxes to meet the needs of the City, Staff contracted with the polling firm Frederickpolls to
conduct a survey of Wheat Ridge residents in January 2004.
The polling results show that 65% ofthose Wheat Ridge reSidents polled support a sales tax increase
of up to Y2 cent; 57% of residents polled support a sales tax increase of up to % cent; and 52% of
residents polled support a sales tax increase of up to 1 cent. Highest support of all appears to come
when the trade-off of property tax elimination is factored in.
ALTERNATIVES CONSIDERED:
City Council could choose to delay or not proceed with putting this issue on the ballot. Moving
forward at this time is critical to address the City's shrinking reserve fund and to avoid further service
and program reductions.
FINANCIAL IMPACT:
Based on estimated sales and use tax revenues for fiscal year 2004, a Y, percent increase in the sales
and use tax rate would generate approximately $3.0 million of additional General Fund revenues; a %
percent increase would generate $4.4 million; and a I percent increase would generate $5.9 million. If
the City Council choose to eliminate the City's property tax mill levy, the City would lose
approximately $675,000 in General Fund revenues.
RECOMMENDED MOTION:
"I move to approve Council Bill 17 -2004 an ordinance submitting a ballot question to the voters of the
city at the November 2, 2004 election, concerning an increase in the sales and use tax on second
reading, and that it take effect immediately upon adoption at second reading."
or,
"I move to table indefinitely Council Bill 17-2004 for the following reason(s)
"
Report Prepared by:
Reviewed by:
Patrick Goff, Director of Administrative Services
Randy Young, City Manager
Attachments:
1. Council Bill 17-2004
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Adams
Council Bill No. 17-2004
Ordinance No
Series of 2004
TITLE. AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE
VOTERS OF THE CITY AT THE NOVEMBER 2, 2004 ELECTION,
CONCERNING AN INCREASE IN THE SALES AND USE TAX.
WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to
refer ballot questions to the electorate, and
WHEREAS, the Council wishes to refer a ballot question increasing 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 referral.
The following ballot question is hereby referred to the electorate of the City at the
November 2, 2004 election
SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $59 MILLION
ANNUALLY COMMENCING IN 2005, AND BY WHATEVER ADDITIONAL
AMOUNTS ARE RAISED ANNUALLY THEREAFTER, WHICH
REVENUES SHALL BE USED EXCLUSIVELY TO IMPROVE AND
ENHANCE THE SAFETY, SECURITY AND QUALITY OF LIFE OF
WHEAT RIDGE RESIDENTS AND TO IMPROVE AND ENHANCE THE
CITY'S ECONOMIC DEVELOPMENT EFFORTS TO INCLUDE AT A
MINIMUM.
. 10 ADDITIONAL POLICE DEPARTMENT PERSONNEL
. PROGRAMS TO RETAIN AND ATTRACT BUSINESS AND JOBS
TO THE COMMUNITY
. MAINTAIN APPROPRIATE PARK AND RECREATION STAFF
AND EQUIPMENT
THROUGH AN INCREASE IN THE CITY'S SALES AND USE TAX RATE
OF 1 PERCENT (1.0%) AND SHALL THE CITY BE PERMITTED TO
COLLECT AND SPEND THE REVENUES FROM SUCH INCREASE AND
ANY INTEREST OR GAIN THEREON, WITHOUT REGARD TO THE
LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
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
GED\53027\4817541 A TT A C H MEN T 1
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 R to 0
on this 9th day of August , 2004, 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 23 , 2004, at 7:00 o'clock pm., 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 , 2004.
SIGNED by the Mayor on this
day of
,2004.
Gretchen Cerveny, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: August 12, 2004
Second Publication'
Wheat Ridge Transcript
Effective Date:
2
ITEM NO. 4- ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23,2004
TITLE:
SECOND PUBLIC MEETING ON 2005 BUDGET
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date.)
o ORDINANCES FOR 2ND READING
Quasi-Judicial: D
Yes
City~
EXECUTIVE SUMMARY:
City Staff is currently working on the 2005 Proposed Budget. A proposed budget will be submitted to
City Council by the first of October for review. City Council is scheduled to meet in October at a
7{ Budget Retreat to discuss the staffing levels, programs, services and capital projects proposed by Staff.
This is the second of two public input meetings and is intended to focus on 2005 citizen requests,
comments or suggestions. The first public input meeting was held on July 26, 2004 The public
meeting IS an informal opportunity for the public to provide input to the City Council on the City
Budget. A public hearing regarding the 2005 Budget is scheduled for October 25, 2004.
COMMISSIONiBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
None
AL TERNA TIVES CONSIDERED:
Do not conduct a public meeting at this time.
FINANCIAL IMPACT:
None
RECOMMENDED MOTION:
None.
Report Prepared by. Patrick Goff, Administrative Services Director (303-235-2805)
Attachments:
1. None
040823 2005 Second Budget Public Meeting CAP
ITEM NO: S I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23,2004
TITLE:
COUNCIL BILL 18-2004 - AN ORDINANCE V ACA TING, IN PART, A
DRAINAGE EASEMENT, AND IN CONNECTION THEREWITH,
APPROVING AN AMENDMENT TO THE RECORDED DRAINAGE
AND FLOOD CONTROL EASEMENT
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
[gJ ORDINANCES FOR 1ST READING (Date: August 23.2004)
o ORDINANCES FOR 2ND READING
D
Yes
[gJ
No
Quasi-Judicial.
City~~~
City Attorney
EXECUTIVE SUMMARY:
In 1985, the City acquired a drainage easement for Lena Gulch flood control improvements, in a
location west of Quail Street and south of West 38th Avenue. The easement has proved to be in
excess of the actual need. Of the original 40, III square foot easement, the property owner has
requested that 4065 square feet be vacated, in order to accommodate a developable lot. The
ordinance and attached amendment to the 1985 easement accomplish this.
COMMISSION/BOARD RECOMMENDA TlON:
N/A
STATEMENT OF THE ISSUES:
The primary Issue is whether this portion of the easement area is needed for flood control. The City
Engineer believes it is not needed.
AL TERNA TIVES CONSIDERED:
The City is under no obligation to vacate any portion of the easement.
FINANCIAL IMP ACT:
In 1985, the City paid $25,000 for the original easement of 40, 111 square feet, or $0.62 per square
foot. The amount to be vacated is 4065 square feet. This number, multiplied by $0.62, yields
$2520.30. The property owner has offered to pay $2,6000 to the City.
GED\53027\482755 I
RECOMMENDED MOTION:
"I move to approve Council Bill No 18-2004, an ordmance vacating, in part, a drainage and flood
control easement, and in connection therewith, approving an amendment to the recorded drainage 'l,.~
and flood control easement, order it published, public hearing set for Monday, September,B", 2004
at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final pubhcation."
or,
"1 move to table indefinitely Council Bill 18-2004 for the following reason(s)
"
Report Prepared by: Gerald Dahl, City Attorney (303) 376-5019
Reviewed by: Randy Young, CIty Manager
Attachments:
I. Council Bill 18-2004
2. Amendment to Drainage and Flood Control Easement
3 Map showing original and to-be-vacated easement areas
4. 1985 Drainage and Flood Control Easement
GED\53027\482755 I
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No 18-2004
Ordinance No.
Series of 2004
TITLE: AN ORDINANCE VACATING, IN PART, A DRAINAGE
EASEMENT, AND IN CONNECTION THEREWITH,
APPROVING AN AMENDMENT TO THE RECORDED
DRAINAGE AND FLOOD CONTROL EASEMENT
WHEREAS, on November 6, 1985, the City of Wheat Ridge acquired a drainage
and flood control easement, recorded at Reception No. 85108873, over certain lands
lying west of Quail Street and south of West 38th Avenue; and
WHEREAS, the purpose of said easement was for flood control of Lena Gulch,
and
WHEREAS, the City Council has determined that a portion of the 1985 easement
is not needed for flood control purposes and may be vacated, and
WHEREAS, the Council desires to amend the recorded 1985 drainage and flood
control easement accordingly.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. That portion of the 1985 drainage and flood control easement
described on the attached Exhibit A is hereby vacated, and the Mayor and City Clerk
are authorized and directed to execute the Amendment to Drainage & Flood Control
Easement attached hereto as Exhibit B.
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; Conflictina 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.
GED\53027\4827651
ATTACHMENT 1
Section 4. Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2004, 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 , 2004, 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 , 2004
SIGNED by the Mayor on this
day of
,2004
Gretchen Cerveny, Mayor
ATTEST.
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication
Second Publication.
Wheat Ridge Transcript
Effective Date
GEDI53027\482765.1
AMENDMENT TO DRAINAGE AND FLOOD CONTROL EASEMENT
This Amendment ("Amendment") is made to that certain Drainage and Flood
Control Easement dated November 6, 1985, and recorded at Reception # 85108873 of the
Jefferson County Clerk and Recorder's Office ("Original Easement"). The undersigned
are the parties, or successors of the parties, to the Original Easement. The City of Wheat
Ridge ("City") is authorized to agree to and execute this Amendment by virtue of that
Ordinance # _, Series 2004 adopted , 2004 ("Ordinaflce"). Howard
Noble ("Noble") of980 Whispering Oak Drive, Castle Rock, Colorado 80104 is the
successor in interest to Wayne and Josephine Olson.
WHEREAS, the Original Easement covered the Lena Gulch Drainageway
Acquisition No 5.102, a legal description afld map of which area is attached hereto and
incorporated herein by reference as Exhibit A (2 pages) ("Original Easement Area"); and
WHEREAS, the City has, by virtue of the Ordinance, agreed to vacate that
portion of the Original Easement Area as is shown on Exhibit B attached hereto and
incorporated herein by reference ("Vacated Portion"); and
WHEREAS, the parties desire that this Amendment reflect and describe the
amended easement area which will be the subject of the Original Easement and this
Amendment henceforth ("Amended Easement Area");
NOW THEREFORE, in consideration ofthe covenants and conveyances made
herein, and the consideration paid, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I. The City hereby vacates and quitclaims to Noble all right, title and interest it
has in and to the Vacated Portion of the Original Easement Area, retaining
therein an ingress and egress easement across the easterly twenty-five (25)
feet of the Vacated Portion for purposes of Lena Gulch Maintenance only.
The balance remaining after vacation, being the Original Easement Area less
and except the Vacated Portion, shall be known as the "Amended Easement
Area". Nothmg herein is intended to, nor does, affect the balance ofthe
City's easement rights to the Amended Easement Area as described in the
Original Easement.
2. City also hereby releases Vacated Portion from all easements, conditions,
restrictions, agreements, burdens, limitations, or reservations of any kind,
including, but not limited to, limitations on building or improving the same,
and rights of access, whether implied or express, arising from the Original
Easement. It is intended hereby that the Vacated Portion hereafter be in
Noble's name, free and clear of any easements, restrictions, limitations,
burdens, reservations, agreements or conditions of any kind, arising from the
Original Easement. The "property" or "property conveyed hereby" or
ATTACHMENT 2
"easement" as described in, and affected by the rights and obligations in the
Original Easement Agreement Easement, hereafter are intended to refer to the
Amended Easement Area only.
3. This Amendment is intended to binding upon the parties, and their heirs,
successors and assigns.
4. Noble has paid to City the sum of $2600 for the City's vacation and quitclaim
of its rights to and in the Vacated Portion and its release of the rights and
burdens set forth related thereto in the Original Easement.
THE CITY OF WHEAT RIDGE,
a municipal corporation
By:
Howard Noble
Gretchen Cerveny, Mayor
ATTEST:
Pamela Anderson, City Clerk
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing was acknowledged before me this _ day of
by Howard Noble.
,2004,
My Commission expires:
Witness my hand and official seal.
Notary Public
APPROVED AS TO FORM:
Gerald E. Dahl, City Attorney
EXHIBITS ATTACHED: Exhibit A (2 pages) - Original Easement Area
Exhibit B (1 page) - Vacated Portion
AMENDMENT TO DRAINAGE AND FLOOD CONTROL EASEMENT
This Amendment ("Amendment") is made to that certain Drainage and Flood
Control Easement dated November 6,1985, and recorded at Reception # 85108873 of the
Jefferson County Clerk and Recorder's Office ("Original Easement"). The undersigned
are the parties, or successors of the parties, to the Original Easement. The City of Wheat
Ridge ("City") is authorized to agree to and execute this Amendment by virtue of that
Ordinance # _, Series 2004 adopted , 2004 ("Ordinance"). Howard
Noble ("Noble") of980 Whispering Oak Drive, Castle Rock, Colorado 80104 is the
successor in interest to Wayne and Josephine Olson.
WHEREAS, the Original Easement covered the Lena Gulch Drainageway
Acquisition No 5.102, a legal description and map of which area is attached hereto and
incorporated herein by reference as Exhibit A (2 pages) ("Original Easement Area"); and
WHEREAS, the City has, by virtue of the Ordinance, agreed to vacate that
portion of the Original Easement Area as is shown on Exhibit B attached hereto and
incorporated herein by reference ("Vacated Portion"); and
WHEREAS, the parties desire that this Amendment reflect and describe the
amended easement area which will be the subject of the Original Easement and this
Amendment henceforth ("Amended Easement Area");
NOW THEREFORE, in consideration of the covenants and conveyances made
herein, and the consideration paid, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I. The City hereby vacates and quitclaims to Noble all right, title and interest it
has in and to the Vacated Portion of the Original Easement Area, retaining
therein an ingress and egress easement across the easterly twenty-five (25)
feet of the Vacated Portion for purposes of Lena Gulch Maintenance only.
The balance remaining after vacation, being the Original Easement Area less
and except the Vacated Portion, shall be known as the "Amended Easement
Area". Nothing herein is intended to, nor does, affect the balance of the
City'S easement rights to the Amended Easement Area as described in the
Original Easement.
2. City also hereby releases Vacated Portion from all easements, conditions,
restrictions, agreements, burdens, limitations, or reservatIOns of any kind,
including, but not lImited to, limitations on building or improving the same,
and rights of access, whether implied or express, arising from the Original
Easement. It is intended hereby that the Vacated Portion hereafter be in
Noble's name, free and clear of any easements, restrictions, limitations,
burdens, reservations, agreements or conditions of any kind, arising from the
Original Easement. The "property" or "property conveyed hereby" or
"easement" as described in, and affected by the rights and obligations in the
Original Easement Agreement Easement, hereafter are intended to refer to the
Amended Easement Area only.
3. This Amendment is intended to binding upon the parties, and their heirs,
successors and assigns.
4. Noble has paid to City the sum of $2600 for the City's vacation and quitclaim
of its rights to and in the Vacated Portion and its release of the rights and
burdens set forth related thereto in the Original Easement.
THE CITY OF WHEAT RIDGE,
a municipal corporation
By:
Gretchen Cerveny, Mayor
Howard Noble
ATTEST'
Pamela Anderson, City Clerk
STATE OF COLORADO )
)ss.
COUNTY OF )
The foregoing was acknowledged before me this _ day of
by Howard Noble.
,2004,
My Commission expires:
Witness my hand and official seal.
Notary Public
APPROVED AS TO FORM
Gerald E. Dahl, City Attorney
EXHIBITS ATTACHED: Exhibit A (2 pages) - Original Easement Area
Exhibit B (l page) - Vacated Portion
EXHIBIT A
Easement Parcel Vacated
GED\53027\482765.1
AUG-17-04 TUE 04:58 PM
GORSUCH KIRGIS
FAX NQ 3033465001
P. 07/J7
Sellards & Grigg, Inc.
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Prillc;pal MeridillJ1. s~id pureel beitlg 'll'onioo of thot tracl of tOnd described 01 Reecphon Number fll84SS4 \,f \hc
Offiei.1 Roconl. of the CI"rl .nd Recorder Dr Ihc County of Jeffermn, County of JetTerson, Stale of Colorado,
described I'" follows;
J:kginning allhC soulloc0I51 comer of said Reception NumbC't fll845S4, thellec N'OO'29'09"W, 142.47 feet, d"nr: \he
c~H line nid Recepllon NUllIber 1'118455"1 tn the TRUE POINT OF l'EGINNlNG;
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Recepllon NWlll,er 85108873 ~Did Officiol Records;
Ihcnce 589"31'51 "W, 14.00 feel along 1he fIOrThcrly line of said Reeeplion Number 85108873 ,
thence S5S.4S'19"W, 175.01 feel along "ld northerly line 10 the wC$lline of said R~ccption >lumber FlIB'ISS4.
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S~id rMcd ^ eonuins 4,065 "luMC feci (0.094 ;>eNS) more or I",,,.
l.or ,,\" pllIpO," of tliis description (/\e ba$is of beD ring is the e..,lline of said Rcecphon Number FI184554 wh,eh '5
~,'"umed to beW" NOO.29'09"W
^n illuslralion fur Parcel/\ " .Uaehed he.clll PlId made ~ pgrt hereof.
llle ~Hlh()r of Ihi, dcscripholl is Mr John 1'. McGuire. PC,S. 28219, """pared on Lehalf of Sell.,-d, & Grigg. Inc. 390
Union Ooultv>fd. Sui Ie 030, L"koWD(l\I, CO 80228 on August 4,2004 under S&G No 2003168.51 for HQward Nobk
allu is not If) be conslrued ~s I\'presclllinc a monumentcd hnd sorvey,
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FAX NO. 3033465001
P. 08/17
PAGC20f2
ILLUSTRA TION FOR PARCEL A
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Amendment to Drainage and Flood Control Easement
GED\53D27\4827651
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AUG-17-04 TUE 05 00 PM GORSUCH KIRGIS
FAX NO. 3033465001
P 13/17
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STATE OF COLORADO
RECEPTION NO. 8~108873
11/08/B~ 15100 19.00
DBAINAG~ AND FLOOD CONIRPL EASEMEHI
THI~AINAGE AND FLOOD CONTROL EASEMENT
d~y of ~-/;~~ 1985, by WAYNE
(hereinafter referred to a3 Grantors) to the
a muniCipal corporation, (hereinafter referred
granted this b-ci
and JOSEPHINE OLSON.
CITY OF WHEAT RIDGE,
to as the "City");
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WHEREAS, Grantor" are the owners of the follo\ling described
real property 3ituate, lying and being in The City of Wheat Ridge,
County of Jefferson, State of Colorado, looated at the West side of
Quail Street (extendod) about 198 feet southerly of West 38th
A~enue in the City of Wheat ~idge. to-wit:
(3ee attached Exhibit A, attached hereto and made a part
hereof)
"'lIEREAS. it is the intent of The City to develop, conotruct.
and maintain drainage and flood control improvement~ on the
Property for thd general heal~h, sarety and welfare of Grantors and
the other cit12en~ of the City of Wheat Ridge;
NOli, THEREFORE I
1, Grantoro do hereby grant and convey to the City a
perpetual eaeement to the property, as descrihed above, for the
purpose of authorizing the City to construct and maintain hereon
any rlood control channele, struotures or other impro~ements deemed
neoe~eary by the City to fully and successfully implement the Lena
Gulch Flood Control Projeot contemplated by the City,
2. The ease..ent granted hereby includes, without limitation,
a grant of authority to the City, to como upon the property for the
purpo~6 of ~urveylng and inspeotion; to oonstruot suoh
improvements, including channelization, embankmente, maintenanoe
r'oads, and other flood control improvements deemed neoessary; to
oome Ilpon the property for purposes of inapecting and maintaining
Buoh iMprovement,,; and for the purpose of allowing any drainage and
flooo wFlter to come upon and floll over said property; as well as
any other use not onumerated herein which are consistent with the
purposes of this Easement.
3. As consideration for the con~eyance herein specified, the
City a!!;roee to pay Grantors the sum of TWENTY FIVE THOUSAND and
no/lOa DOLLA~5 ($25,000.00),
II. The Grantors recognize and acknowledge that the City is
ourrently engaged in a city-wide program to construot flood control
~mprovoments upon Lena Gulch which \lould inure to the benefit of
Grantors and all other citizens of the City of Wheat Ridge, and
that tho Clty is cooperating in this venture with the Urban
Drainage and Flood Contr'ol Distriot (UDFCD) to that end. Grantor.
therefore agree to cooperate with the City and UDFeD 1n any
rensonable manner or mean~ which is consistent with the purposes of
thi~ ea~ement, e~en though any particular use or improvement
thereby contemplated ~ay not be speoifically set forth herein.
5. Grilntors agree that they shall construct no improvements
or bu.Udings of any kind whateoever, ~noluding fencing, on the
property con~eyed hereby without the prior written consent of the
City, which oonsent shall not be unreasonably withheld if the same
muy be given Ilithollt endangering the pUblic health or welfare or
otherwise impairing the purpo"e of thie Drainage and Flood Control
Easement,
6, The City agrees that, during the term of thi~ easement, it
sh"ll repair and ",,,intain the improvements construoted upon the
propOr'ty hereby conveyed. and The City .hall likewise repair any
daroago whiCh it caU3e5 to Grantora1 remaining property during
construction or !'epll.ir of any improvement. made pur~uant to thi.
en~eATT ACHMENT 4
AUG-17-04 TUE OS DO PN GORSUCH KIRGIS
FAX NO. 3033465001
P 14/] 7
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7. Outing tbe terlll of this easelllent, the Grantors shall have
aoccss to and may utilize the property conveyed hereby for any
purpc>~e ...hich Is not inoonsistent with, or ...hieh ...ould be
detri~ental to, the purpose for ...hich thls easement ls granted.
eA
B. The easement granted hereby is perpetual, and .hall be
b.lnding on the heirs and suooeSSOr' of the parties, and shall
becomo a covenant runnlng )lith the land upon its recordation;
provided llOlIeVel', that this easelllent may be terJllineted only by a
writing signed by both partles, or their euocessors, whioh writing
shall be duly rooorded and shall not be effeotive until so
r6col"'ued.
IN IIITNESS WIlEREOF. the parties hereto have
and seals to the for'e!;oing and ana.ched Drainage
8asement tho day and year fitst above written.
get thelr ha.nds
& Flood Control
GRAN'l"O~S :
THE CITY OF wHEAT RIDGE,
a municipal corporation
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rf-{a/h/
By
Frank
~
~'I",;; ,J.Tr'r'
Stites, Mayor
a7t?-~&~'
ATTES! :
STATB OF COLORADO
55.
COUNTY Of JBFFERSON
7. The foregoing was acknOWledged before llle
r~~~-, 1965. by Wayne and Josephine Olson.
~his
G.q.
day of
My Commission expires:
"
~
my nand and offioial seal.
~ 197
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Notary Pub c
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APP"OVED AS TO FORM:
I?(! )(~_
1
John 8. Hayes;1city
(
Attorney
AUG-17-04 TUE 05:01 PM GORSUCH KlRGlS
FAX NO. 3033465001
P. 15/17
RECEPTION NO. B510eB/~
- LENA GULCH DRAINAGEWAY
(" FLOOD CONTROL IMPROVEMENT PROJECT 4-
City of Wheat Ridge, COlorado
B' SEWE.R.
_LEA.S~MENT __
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ACqul5fTION 5.1OZ.
fEBRUA.R'I Z'5,1950
Q.92.0 Ac..
BROOK-51 DE.
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1RUE POIN\
OF BeGINNI~C1
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AUG-17-04 TUE 05:01 PM GORSUCH KIRGIS
FAX NO. 3033465001
P. 16/17
12.."..-; c. ~ i,v..,.t~'::: v....
,
LENA GULCH DRAINAGEWAY
(FLOOD CONTROL
IMPROVEMENT
PROJECT
Ci1y of Wheat Ridge, Colorado
LENA GULCH ORAINAGEWAY
ACQUISITION NO. 5.102
PROJECT 732-28.2
FEBRuARY 25, 1980
SHEET 1 OF 2
LEGAL OESCRIPTION OF LENA GULCH ACQUISITION NO. 5.102
A portion ot the East 1/2 of Tract 12, Brookside Subdivision, Jefferson
County, Colorado, described as follows:
Commencing at the Intersection of the East line of said East 1/2 and the
North Right-at-Way line of West 35th Avenue;
thence North 475 feet more or less along said East line to t~e True Point
of Beginning, sald point also being th~ Northeast corner of the property
described in Book 1690, Page 494;
thence West 14 feet along the North line of said property;
( thence Southwesterly on a deflection left of 300 53'. 175 feet more or less
~ to a point on the West line of said East 1/2;
( thence South 385 feet along said West line to a point on the North Right-
of-\~ay 1 ine of suid West 35tll Avenue;
thence East 23 feet along said North line;
th~nce Oh a deflection left of 600 07', 54.20 feet;
thence North parallel to said ~est line 153 feet;
thence on a deflection right of 310 53',48.3 feet;
thence on a deflection right of 260 52',104 feet more or less to a point on the
fast line of said East 1/2;
thence North along said East line 170 feet to the True Point of Beginning
containing 40,111 square feet or 0.920 Acres more or less.
The applicable portions of the Sevier Easements are contained in Book 939
Page 412 and Book 16go Page 494 are included in this Acquisition.
S~id Acquisition is contained in the property described in Book 1690 Page 494
of the Jefferson County Records.
RECEPTION NO. 95108873
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OFFICIAL
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WHEAT RIDGE
COLORADO
SW28
- PARCEUlOT BOUNDARY
(OESIGINATES OWNERSHIPj
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. DENOTES MULTIPlE ADDRESSES
j~ 100-YEAR FLooo Pl..AJN
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MAP ADo1>Tm June 15. 1994
last R....ISion: ~ 10. 2001
CJ Total Properly OWnership
. Parcel Acquired by Quiet Trtle Action
CJ Lena Gulch Easement Vacation
C Quail Street Right-of-Way
Lena Gulch Easement Remaining
o
40
80 Feet
N
A
ITEM NO: (; ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
August 23, 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR 2004
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
BUDGET SUPPLEMENT AL APPROPRIATION FOR CONTRACT
BUILDING INSPECTION SERVICES.
o PUBLIC HEARING
o BIDS/MOTIONS
[g] RESOLUTIONS
o ORDINANCES FOR I ST READING (Date' _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial:
o
Yes
[g]
No
C1ty~~~
EXECUTIVE SUMMARY:
This resolution approves an amendment to the Community Development Department budget to
appropriate an additional $32,500.00 for building inspection services.
COMMISSIONIBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
As part of the 2004 Budget Reduction Program, the decision was made to eliminate a building
inspector position and to contract out those services. $54,000.00 was budgeted for contract building
inspection services in the 2004 budget. This amount was based upon an average 00,800 inspections
annually. Through the first seven months ofthls year, 3,000 inspections have already been performed.
The increased number of inspections has primarily been the result of two housing projects, Centex and
Melody, that were not antIcipated to reach build out this year. All 101 units, in both of these projects,
have received bUIlding permits and now inspections are required at the various stages of the
constructIon process. While it was anticipated that the Building Official would assume some of the
inspection load, the position was vacant for two months this spring, increasing our reliance on the
contractor to perform inspections. Since being hired, the Building Official has been performing
inspections, but is concentrating on building plan review because the plan review fees are a significant
source of revenue for the City. Plan review is not a service we would recommend to contract out.
AL TERNA TIVES CONSIDERED:
Building mspection services will be reevaluated as part of the 2005 budget process to determine if the
City should continue to contract out these services.
FINANCIAL IMPACT:
The additional $32,500.00 IS a 6% increase to the Community Development Department budget. The
funds will be allocated from the General Fund undesignated reserves.
Because of the increased building activity, building permit and building use tax revenues are projected
to mcrease by $185,000 00, a 25% increase over what was budgeted in 2004.
RECOMMENDED MOTION:
"I move to approve Resolution No. 22-2004, a budget supplemental appropriation from the General
Fund undesignated reserves in the amount of $32,500 to account #01-122-700-704 for contract
building inspection services."
or,
"I move to table indefinitely Resolution No. 22-2004, for the following reason(s)
"
Report Prepared by: Alan White, Community Development Director
Reviewed by: Patrick Goff, Administrative Services Director
Attachments:
I. Resolution No. 22-2004.
040823 Bu ilding Inspection supplemental budget CAF
RESOLUTION NO. 22
Series of 2004
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR
2004 GENERAL FUND BUDGET TO REFLECT THE
APPROV AL OF A BUDGET SUPPLEMENTAL
APPROPRIATION FOR PROVIDING CONTRACT
BUILDING INSPECTION SERVICES
WHEREAS, the Community Development Department has been contracting
building inspection services during the first seven months of2004; and
WHEREAS, the amount allocated in the 2004 budget is insufficient to continue
to contract building inspection services for the remainder of 2004; and
WHEREAS, funds must be allocated to continue contracting these services;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2004 General Fund Budget be
amended accordingly, specifically transferring $32,500 from General
Fund undesignated reserves into account #01-122-700-704.
DONE AND RESOLVED THIS _ day of August 2004.
Gretchen Cerveny, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
CITY OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA ITRM NO.4.
PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'TY COUNCIL
CASE NO.
COUNCIL BILL NO.
TITLE:
PUBLIC INPUT ON 2005 BUDGET
'"~-:-;'!'''': ~ ",'
YOUR NAME AND ADDRESS
CHECK
IN FAVOR OPPOSED
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CI'l"Y OF WHEAT RIDGE
PUBLIC BEARING ROSTER
AGENDA I'l'EM NO. 1
PUBLIC BEARING BEFORE 'l'BE WHEAT RIDGE CI'l'Y COUNCIL
CASE NO.
TITLE:
COUNCIL BILL 17-2004 -AN ORDINANCE SUBMITTING A BALLOT
QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2,2004
ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX.
COUNCIL BILL NO. 17-2004
---.----r-'-;" or ,~::"" ~ YOUR NAME AND ADDRESS CHECK
~ .
IN FAVOR OPPOSED
.
IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl
CITY OF WHEAT RIDGE
PUBLIC HEARING ROSTER
AGENDA ITEM NO.2.
PUBLIC HEARING BEFORE THE WHEAT RIDGE CI".rY COUNCIL
CASE NO.
COUNCIL BILL NO. 16-2004
TITLE:
COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE
CODE OF LAWS PERTAINING TO NUISANCES.
YOUR NAME AlIID ADDRESS CHECK
IN FAVOR OPPOSED
IF YOU HEED MORE ROOM PLEASE SIGN ON BACK OF PAGE!
PUBLIC COMMENT ROSTER
DATE: August 23, 2004
ANY PERSON MAY SPEAK ON MATTERS FOR A MAXIMUM OF
THREE MINUTES. UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF
COUNCIL.
EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER. STATING NAME.
ADDRESS. AND TOPIC OF COMMENT. l U n..Tr-
NAME
ADDRESS
TOPIC
DATE:
August 23, 2004
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A
PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
NAME , ADDRESS AGENDA ITEM NO.
-
8
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I MOVE TO GO INTO EXECUTIVE SESSION:
For JJ c..OWF"E?E..NC6 LVrT/I -r#c:: c. t TV 4nOE~"i,..;)€iY
under Charter Section 5.7(b)( I ) and Section 24-6-402(4)(...6.J, C,R.S.,
specifically: THE. ABt?'I''r' of {HIE c::..t,,:/ -r-o c..tz=~A-n=
$Pe:::.<EtAL.. Ft'~Ac...::>Cl~'::;" 'Dt$"7:?Ctc..-rs A0b -n+Ei
M~HA~(>M<;: C==Occ ~Ut--:J~//'-..:Jt5r SucH 7>t>-rt?::lGL<;>
A1--.9b t= I ,'l...:)A;-..::c.o...?4 OF ~c:re;L { e ( t<'1'{J-lz=Ot/cE Hl6 J.-.:rc::;. .,7
I further move to:
1adjOUrn the Council meeting at the conclusion of the executive session.
~
return to the open meeting at the close of the executive session for the
purpose of taking any formal action deemed necessary.
GEDl53027\473788.1