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HomeMy WebLinkAbout08/23/2004 6:30 p.m. Pre-Meeting ') , t G..r'\ I~ f\ (^,"-.( -" J. \ ~\~=lJ~;\ 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 @;~w @;@Q)J 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 f\~ I\-I~ CITI~ENS' RIG T TO SPEAK tv:> ~ APPROVAL OF AGENDA ~ IAK) ~~~ 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. '*' ~ -{i.a.. '6cu . 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.. M~l~ ~ Item 4. PUBLIC INPUT ON 2005 BUDGET ~\ibe lid It/Y-' ~'1U- \ Y1~ ' ~: ()I\ ~ lJ.J. w (2. ~<>A., ~t....D .~ , - ~ t...l~ r~'1 ~t~ t'" :t ~j ~. w-- ~ ~t '1'" ~~l ~~ {, """n...-t -+G.- .k& \-'"" Q ~ "'1 ~ ~ o\J,t...-~t~4 cL-..L..-. ;VU>~ ~J"~l'-"'I"""'"":' . \ 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 -\).\1 lit liD ~ 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 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 P<t 4'\.J- ~-o~ ~iWl 'M1rla"ay.. ~JL-tk . -- - ~~D OFFICIALS' MATTERS ~ ~\y WV\,llio ~ H.:>h1M ~ H,v-. ~T tM I. D . , ~ f-1A-. ~~{ { /" o. Meeting adjourned at p m ~J~ '1--0. 1"tb\ ~ 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 @~w @@(illlm@~[1I~lml11Jlf~@ 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 2 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 3 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 4 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 5 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 6 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 $2600 for the City's vacation and quitclaim of its rights to and in the Vacated Portion and its release of the rights and burdens set forth related thereto in the Original Easement. THE CITY OF WHEAT RIDGE, a municipal corporation By: Gretchen Cerveny, Mayor Howard Noble ATTEST' Pamela Anderson, City Clerk STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing was acknowledged before me this _ day of by Howard Noble. ,2004, My Commission expires: Witness my hand and official seal. Notary Public APPROVED AS TO FORM Gerald E. Dahl, City Attorney EXHIBITS ATTACHED: Exhibit A (2 pages) - Original Easement Area Exhibit B (l page) - Vacated Portion EXHIBIT A Easement Parcel Vacated GED\53027\482765.1 AUG-17-04 TUE 04:58 PM GORSUCH KIRGIS FAX NQ 3033465001 P. 07/J7 Sellards & Grigg, Inc. t:(}'\Il..'{.U1:r~l:; Jiwc.""'litt"II.A)oILJ SL/Kviyol" Pa!:e I Df2 Parcel A A p)rcul ofl.nd in Ihe IIOUI.",,,,! onc-qu....t~r (NW (14) CfScetllm 28, rl>Wmhlp 3 South, Range 69 Wesl of the 61h Prillc;pal MeridillJ1. s~id pureel beitlg 'll'onioo of thot tracl of tOnd described 01 Reecphon Number fll84SS4 \,f \hc Offiei.1 Roconl. of the CI"rl .nd Recorder Dr Ihc County of Jeffermn, County of JetTerson, Stale of Colorado, described I'" follows; J:kginning allhC soulloc0I51 comer of said Reception NumbC't fll845S4, thellec N'OO'29'09"W, 142.47 feet, d"nr: \he c~H line nid Recepllon NUllIber 1'118455"1 tn the TRUE POINT OF l'EGINNlNG; thence NOO'29'09"W, 23.37 (ecI.lon\: said caslline La Ihe nOMeO~1 eomcr of a "ocl ofhnd dc,cribcd at Recepllon NWlll,er 85108873 ~Did Officiol Records; Ihcnce 589"31'51 "W, 14.00 feel along 1he fIOrThcrly line of said Reeeplion Number 85108873 , thence S5S.4S'19"W, 175.01 feel along "ld northerly line 10 the wC$lline of said R~ccption >lumber FlIB'ISS4. Il\enc~ N16"24'S9"E, ) 13.91 fecI', thence N52'30'51"E. 67 00 fcolla Ihe \RUE POTNT OF BEGINNING. 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, ~\\\\\\\lIIIII/IiIl~ .~~~.~~G~~#. >S'~.,~ u '. 'c-"?: S'A'(f' \'. "'t'~:. ~ ~a.~" ~...'O% "" - ~'. "" .=:r: ", ~.. :== ~:;s:. 28279 J: g ~:~.. .. - ~~".. .: $ ~~~Ai 'l~~' ~~~ ~JJJIJJjJlII\lPIl.I\\\~ J.:>lm P McGuire, F.L.S. 1/2B27~ :.190 Union ftOl"I()Vclld, Sul\a fj3D l.;ll<~",DO~. COIOfOdo 80228 P'\su(,L'yiand proj"us ,2\..r20oJ1W.51) No~le\lcgol'\P3roel iI.doc JOJ.98G.l~M Fi'X 30J.~6G.D991 www.sand>1~~qtl) AUG-17-04 TUE 04:59 PM GORSUCH KIRGIS FAX NO. 3033465001 P. 08/17 PAGC20f2 ILLUSTRA TION FOR PARCEL A N. W 1/4 SECTION 28 T3S1 R69~ 6TH P.M. -.--...--' REC. #F2018988 NORTHERl. Y LINE DRAINAGE EASEMENT REC. # 851088"13 <tl .,. 0,; ~ REC. 1'1 F1184554 $ . 0> P 0> f" a a <: ~ :< ". . POINT OF BEGINNING s.E. CORNER REC. # F1 '84554 " ... ;A; " '" .t, '" ~ u << t-: '" 'i x II, :~ o. r; ~~ EAST LINE 8LOCK12 BROOKSIDE ':I: "' r. ~ o r' ~ " " E " r. !!: ~ ~~ 0. o 40 80 IWI.tor4a .. IId,a. ....... 40 1 "","'W' i scale TRUE POINT OF BEGINNING ~ ad- -.....- I .-- s...n.lII,)O l.:.lo._-" Col,"",.J tll2.1A C.~(lJrTc.:!j)OoC pt.,~." ;\03-\)iN.'.u.. TAl: JllJ-Db~-lttn4 [~lIn, .,....1I4.11l1l...tll'1'1 feet EXHIBIT B Amendment to Drainage and Flood Control Easement GED\53D27\4827651 , ,. I - , t .-\ i " I \ .' .... .\ .' ~- - - v; --J ........ . '(; ~ ~ . , ~ > i , , , ~ ~ 1-' ~, , t . ~ . ,," '. ~ , rn ~ '';: i==0'l ..c:: (1)' DO ::::1- u l:1'- ~f'- + "0 rn' ~LO .."'--- 1. 11 ~J \ , J 'I '- " "" t .... ,. .----" - .- ,~ " :..., "" .' ~ ~.l./c'~/----- c;' ._ co '" , ~:ri .~. "W2 .'>., ~" \, V I '0 . ., (0 l:l ~" (r~ ) I ..0 t'- ~ :-C I ,. ,,- lD. .-- , , ro ( :T,; ( ~; ~ : " " AUG-17-04 TUE 05 00 PM GORSUCH KIRGIS FAX NO. 3033465001 P 13/17 \~~J \""'\.I\..h'\l I VI .....,....,. ~J......;.. 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"); ~"..; ~. JGMT .~ (---- ~ 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 ~;:- 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 I '1 . ).~-. ~'Y,)f.. ~t-z,1/l't( r (", , r ,) r 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 .' ,." ~ ,I,' " '. . .,t'f.. !Ii tnes5 1 :1 \ " ~~ 9. /~~ Notary Pub c /0 10 0 Cd / <? c.;:'. C2.x... V~~/ C S'lJ2...J7 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 __ ,------- I I I I I ~I \1:J I ,1/ I I I I I I I I I ACqul5fTION 5.1OZ. fEBRUA.R'I Z'5,1950 Q.92.0 Ac.. BROOK-51 DE. TI<:f,>.,C.T \'2... ( ~y ;j~TJy)L - o o r 31' 53' ~- if) .. a I1'l ...'l .J 4- :) 0' t'.., 00 0 l' N.E. CO g~U~.. 5 IN '/4- , \>"\v.II/A. "lO r Tlf"\\..1 'J CI. _ I..~f SUBD\\JI"SIOt-J "TRACT \~ 1RUE POIN\ OF BeGINNI~C1 \JJ ~ ~ T~ t>.\JF 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 l ~I ~ ''''- ' · 'LJ · ,.~ ' ! . '~"'. ::: ~ ~,! []I T ifi , ,/?So, I::: _1 R 3 0 .1'3 ~ ~ 0" l ".,. ~3 -:;: ~ 'E! R.3 ~. .0 8' - v ' .n:f , ;!J ~ '<>00' ''': --C:,,,-, ' J' :..^ N lc.... - f.-.2o" l-. ,,.. /~ .7""'.~._: . _;~ 'ill ~,.' ~coom ,:-:i ,g :"'" ~:.lIr~-: t · -rr () I "11' ~ '00'''''= ".~.. __, _ ,_~ " c; ~ ''='. -: .:.;,.:.'c., l.'!l,l'"; )'- " -'IT J \~O V'::"~~'.:~'-'~r;~~~;:~ ~oF." ~'j'~ R . "., ,." ~ -<, ,~ . ! ~ 'I! I =r~~~,' . ~.' ::'".,' .::.,':.:.' ::' '.: '.: :l:':::"t/~ /7 :'" -! , ~I I,. ';-;,. , · . '. '. '. , '.','.'.' .' ,'. . c , , ..' " _, _I s . \ ..... ...... ..... , .- ..,,- ~ \ ':: :.<'<:-:....: ::-: :<::::1:: '> ~ ~J I T 1" · "t II! t. J ,. . . . . , . . . " . .. ~il-:<<':<:',,:,:,: :.'. .:.:.: <.; of 'i, , j I I! ~ ~, :2:>/ fi<.>~"~'). R-1 :: : ~ .:.:....:.. ...::. .............: '::'::'''J.".::;:K\ l ... ....v ~ .:.'. ....:...~..~v ~~~ 55 ~ H[~ ; .~ -"~~~ j ~ ,-.,~ tJ lJ.J ~ E ",- ~ B N" g; I in -" l ~ ~: ~ j ~, ~il ~~ B- ~ i ~ 1-'tL'"" ..:: ...,.. ~~& ~ ~ rn j ~ ~;~ ~! 1 ~ '0 I =1 AJ L =1 SW21 "J L =/1 OIl =/""..1 bttt I -, L _I _I _, - - ~ J - - - - - - - fi-1 ]I ~?, R-1A ~ mj ll. rill ~ ! <J) ......J a . f :z " "'>>op.", ~ J'f'........, j ~ O~~~ III:- U IJ) " :- I H! tt:J ~I j..... "1 ~ ~ If) i ~ ~ '" ~I. lJJ ~ I ~ ; ~ ~ ~Iff ~ T ~" ~I ~ IIII! D w < "/IIi' fnll 1" ~ ~1~-~",~ ~ S ; . l. ~ R-Il.A PRe t;PECT VI..LEY E EM SC~OOl ! ~ ern ~ OFFICIAL ZONING MAP WHEAT RIDGE COLORADO SW28 - PARCEUlOT BOUNDARY (OESIGINATES OWNERSHIPj --'--. WATER FEATURE . DENOTES MULTIPlE ADDRESSES j~ 100-YEAR FLooo Pl..AJN ~ (APPROXIMATE LOCATION) I ~ DEP^RTMENfOF 'WI 1'VoN>j'NG MJD DEYl'LOPMENf ., '-- " -, - ,'--- i ! ~~K I iDi< r- U5 ~ ~ ! D ; D" 0 R-1 ~ ~ ;::, ~ ! \.) - I-- ~~ ~ ~ - . - D a ~ LK ~ ~I[ w ff1 ~ ~/'G ~iJ ~ , ~rz~ ..,. -< 't;. ., ~ i , ~ - I~Rr: ~ S t---- ! '" ~ ~ - ::l7 ~ ~ . ~ " ., ," _ J CIT'r "-"i NW28 @ . c ::>: 2:X. ~y ..:..:'~ =<I 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 ~<;~ ,) I uJ-- \ ~" 1+-- .:)~ - .;)'J)L I (' 'I r ' .ft I -:J.?5I1 I ~ ,J, U ' i\ C'-.,\ (-"- . . 0.J I y,/" / ( '\..2. .. \ I -+1.-- I (il uu,v\ ( : \ !.-J) \ - I - d ':..1-)-1 /3=?3 -~~" ~ ~+~.~&l~ ~ Ce~'oO ~f{.e ~~ dew(Ch'r~_ ~h:cl~ t~~'~ eM.. .~~..06 -tLv.- ~ ~ lU~.~. V\'CMJ. k~ <ht~ . Il~ - C"h'~ ~n ~ lt~ 1l ~ \ e:h~ ~ ~ fl1/r -(\I'-~~\V ~ .\~/ G'~.~~Ln~ot~~ ~ ~.. ~lr~t\U 1- ~'~h~ ~~ :-6 ~ I-V. l~ ~ Me) n vv--.. . --r -V .. ~ 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