HomeMy WebLinkAboutStudy Session Packet 01/04/2010
STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. January 4.2010 6:30 p.m. , , Individuals with disabilities are encouraged
to pariicipate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if
you are interested in pariicipating and need inclusion assistance. APPROVAL OF AGENDA .L Staff/Council Report(s) 2. . I Photo red light/photo radar proposal ~ Verified Alarm Response
4. CBOC Update 5. Jefferson County Parkway 6. Council Rule Discussion 7. Strategic Planning Discussion
Cilyof ~WheatRLdge ~OLlCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Randy Young, City Manager_LU1,...o., Daniel Brennan, Chief of Police W FROM: DATE: SUBJECT:
Dave Pickett, Lieutenant Patrol Operations Division December 21, 2009 Staff Report -Photo-Red Light EXECUTIVE SUMMARY ... ' 1 r J '\0 . , A continuing goal of the Police Department's
Strategic Plan is to find and evaluate opportunities to improve current service levels and explore innovative customer service delivery methods. The enforcement of traffic laws has traditionally
been handled through the efforts of patrol officers writing tickets to offenders. Last year, I presented the option of utilizing photo-red light devices to City Council as a method to
enhance traffic safety in the City, reduce traffic accidents at intersections, thus reducing calls for service and encourage safe driving behaviors. City Council directed the Police
Department to expl6re the feasibility of photo-red light enforcement and bring a report back to City Council for further discussion. Photo-red light consists of a camera, or cameras,
which capture photos of vehicles that run a red light at an intersection. The photos taken depict the vehicle breaking the intersection, the license of the vehicle and the driver. One
camera can only cover one approach to the intersection. A study of Wheat Ridge intersections identified six intersection crossings that may benefit from photo-red light enforcement.
They were: • Wadsworth Boulevard at: • W. 32nd Avenue • W. 38th Avenue • W. 44th Avenue • Kipling Street at: • W. 38th Avenue • W. 44th Avenue • W. 49th Avenue STATEMENT OF THE ISSUES
Accidents which occur due to a vehicle running a red light have a tendency to be more severe than those associated with other traffic violations, such as following too closely. For this
reason, these violations are a concern. In addition, red light enforcement can be difficult. In order for officers to be efficient, surveillance plus additional officers to stop and
ticket motorists are
Staff Report -Photo-Red Light Enforcement December 21 , 2009 Page 2 of4 required. Unlike speed enforcement, it is difficult for officers to singly effectively conduct red light enforcement
as their duties permit. For that reason, the police department is not as effective in changing driver behavior concerning red light violations. Photo-red light allows for continuous
red light enforcement at any intersection identified as having a problem with motorists running red lights. The City experienced 4,688 accidents in the past three years. 3,990 of those
were investigated on scene by officers. The remaining 698 were "walk in" reports handled by the Telephone Reporting Unit. The six identified intersections accounted for 332 accidents
or eight percent of the total. In the past three years, the police department has written 877 red light l,iolation tickets citywide. Forty percent (355) of these citations have been
at one of the six identified intersections. During the same period, the department investigated 112 accidents where the running of a red light was the proximate cause of the accident.
Thirty percent (34) of those accidents occurred at one of the six identi fied intersections. Several companies operate photo-red light programs nationally and in Colorado. Each company
offers programs that have similarities. For instance, the companies provide, install and maintain the cameras that are used. They provide the police department with photos of violations.
Police department staff review the photos for appropriateness and authorize the company to send a notice of violation to the owner of the vehicle depicted in the photo. A fine is associated
with violation and the violator is instructed to remit the fine to the company or in some cases to the Municipal Court. The company collects the fines and pays the city revenue above
the agreed upon operating costs and company pront. No Department of Motor Vehicle (DMV) points are associated with photo-red light violations due to the administrative nature of the
program. In the event that an alleged violator disputes the ticket, a hearing is set in accordance with a Municipal Ordinance that must be put in place to administer the photo enforcement
program. Several steps must be completed to establish a photo-red light enforcement program: • Intersection Identification: Although six intersections have been identified through analysis
of vehicle numbers and accident frequency, it should be understood that photo enforcement may only be applicable for one direction on an intersection. Constant analysis of violation
numbers will be required to continue to make the program effective. • Vendor Selection: The City Purchasing Division would complete the selection of a vendor. • Ordinance Development:
City Council would need to adopt an ordinance that allows for this type of enforcement and administrative process. The ordinance would give the City the right to collect fines for photo-red
light violations, would waive personal service of a ticket by a police officer, would institute a fine unassociated with the Department of Motor Vehicles' point system and would include
the requirements set forth by Colorado Revised Statute 42-4-110.5 (attached). Such requirements as warning signs, evidentiary rules and fine limits are contained with this statute. A
sample ordinance is attached. • Intergovernmental Agreement: Placing a photo enforcement tool on an intersection involving a state highway requires an intergovernmental agreement with
the State through the Department of Transportation. Each of the six locations identified involve a
Staff Report -Photo-Red Light Enforcement December 21 , 2009 Page 3 of 4 state highway. Several municipalities have been successful in this endeavor; however, it is a lengthy process
that can take up to 12 months. A sample lOA is attached. • Evaluation Process: Each alleged violation requires a police department member to evaluate the photo for confirmation of a
violation prior to a notice being sent. • Hearing Process: If an alleged violator wishes to contest the ticket, the City must have a process in place similar to our administrative hearing
process. Lastly, there have been numerous studies conducted on the effectiveness of photo-red light enforcement. Not all studies come to the same conclusions. Most studies indicate that
accidents involving red light violations decrease. Some studies indicate that rear end collisions increase, and some studies indicate that both red light violation accidents and rear
end accidents decrease. Because there are so many variables involved, municipalities along t~y Colorado Front Range who are using photo-red light enforcement were consulted. Of the eight
municipalities known to use this tool, three, Denver, Cherry Hills Village and Boulder provided information regarding their programs. Each municipality reported an overall reduction
in collisions from both red light violations and all other causes. Boulder reported a decrease in red light violation accidents by over one-half. There has been a certain amount of public
and legislative resistance to photo enforcement. Some individuals feel there is a violation of their rights to be photographed, and they do not wish to give up their perceived right
of personal service of a summons. State legislators have developed rules regarding a municipality's use of photo enforcement tools. Many of these rules have more to do with speed enforcement
than red light enforcement, but it is clear that some citizens view the program as having implications beyond effective traffic enforcement. A marketing education strategy to address
this issue issue would belwell advised. That strategy should include advanced notice of the program, and a period in which warnings instead of tickets are issued. An ongoing evaluation
of the program will be necessary for the purpose of making the program effective in dealing with red light violations, as well as making it fiscally viable. FINANCIAL IMPACT The financial
impact of this program is difficult to accurately assess. Each company has a system by which the municipality does not have a financial risk. For example, a company might pay the municipality
a percentage of the fines collected. In another case, the company may take the profit from the first five or so tickets per camera per month and any additional fines are paid to the
city. In any case, the program is violator funded. Cities have reported that a high number of violators pay, without the city having to take additional action beyond the initial notice
of violation. Boulder reports that their revenues have increased since they began actively pursuing violators who do not pay. A revenue projection from one vendor indicates that the
City might receive as much as $15,000 per approach, net per month. An approach is one direction of approach to an intersection and is handled by one camera. That amount is anticipated
to decrease as people come to understand that a particular intersection is controlled by photo-red light, and violations subside. This figure is in excess of other income figures supplied
by participating cities. Cherry Hills Village has one camera (one approach) and nets about $6,500 per month.
Staff Report -Photo-Red Light Enforcement December 21 , 2009 Page 4 of4 Revenue numbers from other municipalities are clouded by the fact that their photo-red light programs are combined
with other enforcement programs, and the revenues and costs are not delineated. Although the companies involved offer contracts that indicate that the City would have no hard costs for
this program, some "soft" costs apply. An officer or other official will have to evaluate each photo for proof of a violation. Research indicates that an officer can review as many as
10 photos per minute. If the City has four approaches covered with an average of 250 violations per month per approach (Cherry Hills Village numbers) that would mean about two hours
of officer time per month. No statistics were found that would indicate how many violators would request a hearing, so administrative hearing time could not be reasonably calculated.
There is reason to believe that accidents at the affected intersections may be significantly reduced. reduced. Considering that the identified intersections account for liD ~ccidents
per year, this equates to approximately 225 staffing hours over the same time period. Factoring those hours at an average hourly wage for officers, these accidents cost the City $10,350
per year. A thirty five percent reduction in overall accidents is a reasonable goal for this program. If that reduction is realized, 80 staffing hours or $3,650 per year can be reallocated.
ALTERNATIVES I. The City can continue to enforce red light violations in the same manner the Police Department utilizes today. 2. The City can adopt a photo-red light program. RECOMMENDATION
Based upon the alternatives listed abov~, the Police Department is seeking direction from City Council on this program before proceeding further. The department recommends the City adopt
a photo-red light program. DP/db
Michie's Legal Resources Page I of 4 42-4-110.5. Automated vehicle identification systems. (I) The general assembly hereby finds and declares that the enforcement of traffic laws through
the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary. (1.5) Except for
the authorization contained in subsection (1.7) of this section, nothing in this section shall apply to a violation detected by an automated vehicle identification device for driving
twenty-five miles per hour or more in excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the maximum speed limit of seventy-five miles per
hour detected by the use of an automated vehicle identification device. (1.7) (a) Upon request from the department of transportation, the depanment of public safety shall utilize an
automated vehicle identification system to detect speeding violations under part I I of this article within a highway maintenance, repair, or construction zone designated pursuant to
section 42-4-fi14 (I) (a), if the department of public safety complies with subsections (2) to (6) of this section. An automated vehicle identification system shall not be used under
this subsection (1.7) unless maintenance, repair, or construction is occurring at the time the system is being used. The department of public safety may contract with a vendor to implement
this subsection (1.7). If the department of public safety contracts with a vendor, the contract shall incorporate the processing elements specified by the department of public safety.
The department of public safety may contract with the vendor to notity violators, collect and remit the penalties and surcharges to the state treasury less the vendor's expenses, reconcile
payments against outstanding violations, implement collection efforts, and notity the department of public safety of unpaid violations for possible referral to the judicial system. No
penalty assessment or summons and complaint or a penalty or surcharge for a violation detected by an automated vehicle identification system under this subsection (I. 7) shall be forwarded
to the department for processing. I (b) The department of transportation shall reimburse the department of public safety for the direct and indirect costs of complying with this subsection
(1.7). (2) A municipality may adopt an ordinance authorizing the use of an automated vehicle identi fication system to detect violations of traffic regulations adopted by the municipality,
or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following
conditions and limitations: (a) (I) (Deleted by amendment, L. 2002, p. 570, § I, effective May 24, 2002.) (II) If the state, a county, a city and county, or a municipality detects any
alleged violation of a municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city
and county, or municipality shall serve the penalty assessment notice or summons and complaint for the alleged violation on the defendant no later than ninety days after the alleged
violation occurred. If a penalty assessment notice or summons and complaint for a violation detected using an automated vehicle identification system is personally served, the state,
a county, a city and county, or a municipality may only charge the actual costs of service of process that shall be no more than the amount usually charged for civil service of process.
(b) Notwithstanding any other provision of the statutes to the contrary, the state, a county, a city and county, or a municipality may not report to the department any conviction or
entry of judgment against a http://www.michie.com/colorado/lpext.dll/cocode/2/68a07 /69c49/69c4b/69d71 /6ge4 I ?fn=... 5/2112009
Michie's Legal Resources Page 2 of 4 defendant for violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of
an automated vehicle identification system. (c) The state, a county, a city and county, or a municipality may not report to the department any outstanding judgment or warrant for purposes
of section 42-2-107 (5) or 42-2-118 (3) based upon any violation or alleged violation of a municipal traffic regulation or traffic violation under state law detected through the use
of an automated vehicle identification system. (d) (I) Except as provided in subparagraph (II) of this paragraph (d), the state, a county, a city and county, or a municipality may not
use an automated vehicle identification system unless there is posted an appropriate temporary sign in a conspicuous place not fewer than three hundred feet before the area in which
the automated vehicle identification device is to be used notifYing the public that an automated vehicle identification device is in use immediately ahead. The requirement of this subparagraph
(I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a pennanent sign in
an area in which an automated vehicle identification device is to be used, but this subparagraph (I) shall not be de,ell1ed a prohibition against the posting of such permanent signs.
(II) An automated vehicle identification system designed to detect disobedience to a traffic control signal shall not be used unless the state, a county, a city and county, or a municipality
using such system conspicuously posts a sign at a reasonable distance notifYing the public that an automated vehicle identification device is in use immediately ahead. (e) The state,
a county, a city and county, or a municipality may not require a registered owner of a vehicle to disclose the identity ofa driver of the vehicle who is detected through the use of an
automated vehicle identification system. However, the registered owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. (t)
The state, a county, a city and county, or a municipality shall not issue a penalty assessment notice or summons for a violation detected using an/automated vehicle identification system
unless, at the time the violation is alleged to have occurred, an officer or employee of the state, the county, the city and county, or the municipality is present during the operation
of the automated vehicle identification device; except that this paragraph (t) shall not apply to an automated vehicle identification system designed to detect violations for disobedience
to a traffic control signal. (g) (I) The state, a county, a city and county, or a municipality shall not issue a penalty assessment notice or summons for a violation detected using an
automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615; within a residential neighborhood; within a maintenance, construction,
or repair zone designated pursuant to section 42-4-614; or along a street that borders a municipal park. (II) For purposes of this paragraph (g), unless the context otherwise requires,
"residential neighborhood" means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per
hour or less. (III) This paragraph (g) shall not apply to an automated vehicle identification system designed to detect disobedience to a traffic control signal. (3) The department has
no authority to assess any points against a license under section 42-2-127 upon entry of a conviction or judgment for a violation of a municipal traffic regulation or a traffic violation
under state law if the violation was detected through the use of an automated vehicle identification system. The department may not keep any record of such violation in the official
records maintained by http://www.michie.comlcolorado/lpext.dll/cocode/2/68a07/69c49/69c4b/69d71 /6ge41 ?fn=... 5/21 /2009
Michie's Legal Resources Page 3 of 4 the department under section <1:2-2-1 2.1. (4) (a) If the state, a county, a city and county, or a municipality detects a speeding violation ofless
than ten miles per hour over the reasonable and prudent speed under a municipal traffic regulation or under state law through the use of an automated vehicle identification system and
the violation is the first violation by such driver that the state, county, city and county, or municipality has detected using an automated vehicle identification system, then the state,
county, city and county, or municipality shall mail such driver a waming regarding the violation and the state, county, city and county, or municipality may not impose any penalty or
surcharge for such first violation. (b) (I) If the state, a county, a city and county, or a municipality detects a second or subsequent speeding violation under a municipal traffic regulation
or under state law by a driver, or a first such violation by the driver if the provisions of paragraph (a) of this subsection (4) do not apply, through the use of an automated vehicle
identification system, then, except as may be permitted in subparagraph (II) of this paragraph (b), the maximum penalty that the state, county, city and county, or municipality may impose
for such violation, including any surcharge, is forty dollars. , ,, (II) If any violation described in subparagraph (1) of this paragraph (b) occurs within a school zone, as defined
in section 42-4-615, the maximum penalty that may be imposed shall be doubled. (III) Subparagraph (I) of this paragraph (b) shall not apply within a maintenance, construction, or repair
zone designated pursuant to section 42-4-614. (4.5) If the state, a county, a city and county, or a municipality detects a violation under a municipal traffic regulation or under state
law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum penalty that the state, a county, a city and county, or a
municipality may impose for such violation, including any surcharge, is seventy-five dollars. (4.7) If a driver fails to pay a penalty imposed for a violation detected using an automated
vehicle identification device, the state, a county, a city and county, or a municipality shall not attempt to enforce such a penalty by immobilizing the driver's ~ehicle. (5) If the
state, a county, a city and county, or a municipality has established an automated vehicle identification system for the enforcement of municipal traffic regulations or state traffic
laws, then no portion of any fine collected through the use of such system may be paid to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation
paid by the state, county, city and county, or municipality for such equipment shall be based upon the value of such equipment and may not be based upon the number of traffic citations
issued or the revenue generated by such equipment. (6) As used in this section, the term "automated vehicle identification system" means a system whereby: (a) A machine is used to automatically
detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator of the vehicle, and the license plate of the vehicle; and (b) A penalty
assessment notice or summons and complaint is issued to the registered owner of the motor vehicle. Source: L. 97: Entire section added, p. 1667, § I, effective June 5. L. 99: (1.5) and
(4.5) added and (2), (4), and (5) amended, p. 612, § I, effective May 17. L. 2002: (2)(a), (2)(d), and (4.5) amended and (2) (f), (2)(g), and (4.7) added, pp. 570, 572, §§ 1,2, effective
May 24. L. 2004: (2)(d) amended, p. 351, § I, effective August 4. L. 2008: (1.5) and (2)(g)(I) amended and (1.7) and (4)(b)(III) added, pp. 2080, 2081, §§ 4, 5, effective June 3. http://www.michie.co
m/colorado/lpext.dll/cocode/2/68a07/69c49/69c4b/69d71 /6ge41 ?fu=... 5/21 12009
Michie's Legal Resources Page 4 of4 Editor's note: Section 9 of chapter 412, Session Laws of Colorado 2008, provides that the act amending subsections (1.5) and (2)(g)( I) and enacting
subsections (1.7) and (4)(b)(I II) applies to acts committed on or after June 3, 2008. Cross references: Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act
amending subsections (1.5) and (2)(g)( I) and enacting subsections (1.7) and (4)(b)( III) shall be known and may be cited as the "Charles Mather Highway Safety Act". ANNOTATION This
section supersedes conflicting provisions of municipal ordinances. Regulation of automated vehicle identification systems to enforce traffic laws is a matter of mixed local and state
concern. In the event of conflict, state law prevails. City of Commerce City v. State, 40 P.3d 1273 (Colo. 2002). , , , , http://www.michie.comlcolorado/lpext.dll/cocode/2/68a07 /69c49/69c4b/69d71
/6ge41 ?fu=". 5/21 /2009
Sterling Codifiers, Inc. LA '\n.5Z-\~ .J 9-1-13: RED LIGHT CAMERAS: Page 1 of2 (A) The city is hereby authorized to use red light cameras at signalized intersections within the city
to detect violations of section 603 of the 2003 edition of the model traffi c code of Colorado. (8) "Red light camera" means a device operated by an officer or otherwise authorized personnel
or by a contractor designated by the city that is placed in a fixed location at a signalized intersection and that is programmed to automatically produce a photograph of any vehicle
whose driver has violated section 603 at that intersection. (C) The photograph produced by a red light camera shall depict the yehicle's location, license plate, and driver. Printed
on the photograph shall be the date onhe violation, the approximate time of the violation, the approximate location of the violation, and the speed of the vehicle. (0) When an officer
or otherwise authorized personnel, based on evidence obtained in whole or part by means of a red light camera, has probable cause to believe that a vehicle has been driven in violation
of section 603, the officer or otherwise authorized personnel may issue or cause to be issued through a contractor designated by the city, a notice of violation charging the person in
whose name the' vehicle is registered 'with a violation of section 603. If, however, the vehicle is registered in more than one person's name, the notice of violation shall be issued
to the registrant who the issuing officer or otherwise authorized personnel determines, under all the facts and circumstances, was the person most likely depicted in the photographs
producEtd by the red light camera. The notice of violation shall contain the signature, or reasonable facsimile thereof, of the officer or otherwise authorized personnel issuing the
notice of violation. (E) When a person is mailed a notice of violation under this section, the person shall: ! i I • 1. If admitting the charge, return the notice of violation form payment
section and return the completed form, together with payment of the fine assessed, to the payment processing center on or before the time specified in the notice of violation; or make
the payment at the website listed on the notice of violation. 2. If contesting the charge, complete the request for hearing section iri the notice of violation and return to the listed
address, or'complete the affidavit of nonresponsibility and return to the listed address. 3. To obtain personal jurisdiction in the municipal court over the alleged violator, a copy
of the summons and complaint must be personally served upon the person, or, in lieu of such personal service, by leaving a copy of the summons and complaint at the person's usual place
of abode with some person over the age of eighteen (18) years residing therein, or by mailing a copy td the' pers6h'slasfkrio\Nh'aaares$ by certified mail, return receipt requested,
within ninety (90) days after the alleged violation occurred. The http ://www.sterli ngcodifiers.com/codebookigetBookData.php?id=§ion id=522 176&... 11 /23/2009
Sterling Codifiers, Inc. Page 2 of2 alleged violator may waive service of the summons and complaint by voluntarily submitting to the municipal court's jurisdiction, through payment of
a fine or other affirmative act constituting a waiver of service. (F) Proof that a particular vehicle violated section 603 as detected by a red light camera and as shown by the photographs
produced by the red light camera, together with proof that the particular vehicle is registered in the charged person's name, shall raise the evidentiary presumption and constitute prima
facie evidence of the fact that the charged person
was the person driving the vehicle depicted in the photograph. However, such evidence and presumption may be rebutted by the presentation of any probative and competent evidence that
the charged person was not the driver shown in the photograph. The city may not require a registered owner of a vehicle to disclose the identity of a driver who was detected by the use
of the red light camera. However, the owner owner may be required to submit evidence that the owner was not the driver at the time of the alleged violat,i o, n. , , (G) In any proceeding
under this section, any photograph produced by a red light camera concerning the violation shall be admissible in court as prima facie evidence of a violation of section 603. (H) In
any proceeding under this section, the municipal court may impose, as an additional cost, the cost of service of the summons and complaint upon the alleged violator, if such service
is effected through either certified mail or personal service. The municipal court may impose the actual cost of such service if the cost is reasonable and does not exceed the amount
actually charged for service . . . . ~. '-J-,I-L;/lUL: ILC ut Ut(;.' IdLllfJul tli .... .... II'""[LfL:~~. (I) The maximum penalty for a violation of section 603 that is detected by
a red light camera, including surcharge, shall be seventy five dollars ($75.00).' No portion of any fine collected for a violation discovered by a red red light camera may be paid to
the manufacturer or vendor of the red light camera. The compensation paid by the city for such equipment shall be based on the value of such equipment and may not be based upon the number
of traffic citations issued or the revenue generated by such equipment. The city shall not report to the department of revenue any conviction, entry of judgment, outstanding judgment,
or warrant based on a violation of section 603 which was detected exclusively by means of a red light camera. . ., 'I ., I,. ., ,', l '. I ' ,I, .. ' (J) The city will post a sign in
a conspicuous place not fewer than three hundred feet (300') before the area in which the red light camera system is to be used notifying the public that the system is being used immediately
ahead. (Ord. 13, Series of 2009) I . . , J .. i .. '_. • .) ' .. I .... · "" J' I ." -, I"" http://www.steriingcodifiers.com/codebook/getBookData.php?id=§ion id=522176&... 11123/2009
I REGION 6/(MMC) COLORADO DEPARTMENT OF TRANSPORT,ATlON CITY OF COMMERCE CITY COLORADO INSTALLATION OF AUTOMATED VEHICLE IDENTIFICATION EQUIPMENT INTERGOVERNMENTAL AGREEMENT AND LICENSE
TI-I IS INTERGOVERNMENTAL AGREEMENT AND LICENSE (this "Agreement") is entered into by the State of Colorado for the usc and bene lit of the Colorado Department of Tran sportation hereinafter
referred to as the "State" or "COOT," and the CITY OF COMMERCE C ITY, COLORADO, 7887 E. 60,h Avenue, Commerce City, Colorado 80022, COOT Vendor #: 2 100201, herei na fter referred to
as the "City." WITNESSETH: WHEREAS, COOT owns and opdrates US Highway 85 within the City or Commerce Ci ty. Colorado; and WHEREAS, the City has adopted an ordin ance authOli zing the
use of an au tomated vehicle idcn tili cation system to detcct violations of traffic regulations adopted by the municipality and the state; and WH ER EAS, the City has requested permission
from COOT to install automated vehicle identification eq uipment (the "Equipment") at those approaches to the intersection of US II ighway 85 and East 60'h Avenue in the City of Commerce
City indicated on Exhibit I, attached hcreto and incorporate herein by this reference; and WHEREAS, CDOT is wi lling to accommodate the City's requcst pursuant to the terms and conditions
or this Agreement; and WH EREAS, this Agreement is executed under the authority of C.R.S. ** 29-1-203: NOW. T II EREFORE, in consid erat ion of the mutual promises, covenants, and representations
contained in this Agreement. the parties agree as lallows: 08 HP SAP 10 33
(I) GRANT OF LICENSE: CDOT hereby grants to the City a revocable li cense to install and maintain thc Equipment at its sole cost and ex pense on the traffic contro l devices located
at the signalized intersection(s) li sted on Exhi bit I. (2) EOUIPMENT OVERVIEW; STANDARDS: The Equipment consists of three major components, plus all related boxes, cabl es, pull boxes
and conduit s: (A) Detection System -Provides inforill ation th at a violation is occurrin g. (8) Microprocessor -This unit processes the signal from the detection system and communicates
with the camera to infonn it when to record the viol ations. . (C) Camera -The camera records th e violation and iMonnation necessary to Issue a summons. If any part of th e Equipment
is to be mainta ined by CDOT or will be in contact with CDOT equipment under th is Agreement, it shall meet Colorado Department of Transport ation stand ard s. (3 ) SYSTEM fNSTALLATION:
(A) The install ation of th e Equipment will be perfolln ed by Ameri can Traffi c Solutions, In c. or another electrical co ntractor approved by CDOT ("Contractor"). The City or Contractor
shall ensure that an Intell1 ational Municipal Signal Association ( IMSA) Level II techni cian is present during install ation t6 ensure the int egrity and operation of the traffi c
control device. All costs for materi als, install ation and modifi cation to the ex isting tra ffic contro ll er will be bome by the Cit y. T he City shall prepare pl ans for the constru
ction of the Equipment for review and approval by CDOT. Approval of the pl ans is within the sole discretion of CDOT. (8 ) The Cit y shall in stall the Equ ipment in a box ex terna l
to CDOT's traffi c s ignal controll er cabin et. This ex ternal cabinet must be waterproo f and all wiring li'om this box to the tra ffi c contro ller must be conta ined in ex isting
or new waterti ght co nduit. The Cit y shall install an interface panel ex ternal to the existing signal control cabinet to provide a fu sed rel ay-iso lated int erface between the Equi
pment and and the ex istin g signal controll er at the City's ex pense. All necessary component s, in cl uding cabl es and connectors, shall be provid ed and installed by th e Cit y.
Any required upgrades or repl acements of the ex isting signal contro l equipment to accommodate th e Equipmcnt , as reaso nably detcrmined by CDOT and agreed to by the Ci ty, shall
be provided and install ed by th e Cit y. (4) SYSTEM OPERATION: The Cit y will operate and ma intain the Equi pment. The City agrees to compl y wilh C.R.S. ~ 42-4-11 0.5(5). If all o
r the Equipment
install ed at an intersection is designed to draw 2 or fewer amps at I 10 vo lts under normal conditions, COOT will allow the City or Contractor to tap into the ex isting tra ffi c power
grid and utilize the power from the traffic power grid so long as the Equipment is properly protected and fused. If th e Equipment may draw a to tal of more than 2 amps at I 10 volts
under normal conditions at anyone time, the City shall fumi sh, at its cost, electri cal current to operate the Equipment. (5) EOUIPMENTMAINTENANCE: The City shall maintain all of the
detectors, cabling, cameras and microprocessor in order to ensure th e Equipment remains in proper working ord cr. The City has contracted with Contractor to maintain the Equipment.
The City shall be responsible for the cabl e(s) to the tra ffi c signal cabin et, the pullbox(es) and eonduit (s) whi ch only house cables related to the Equipment, and any utility lo
cate request information , at the intersection(s) conceming the Cit y'S pullbox(es) and conduit(s). COOT I'equires an IM SA Level II trained techni cian be present during maintenance
acti vities to ensure the integrity and operations of the traffic control device. COOT will be responsible for the connections from the cable(s) to thc int erface panel. If the City
fa ils to maintain the Equipment adequately, COOT upon written noti ce to the City, in its sole di scretion, has the ri ght to disable the system or remove all equipmcnt from its location
on COOT's ri ght of way. (6) MALFUNCTION OF EOUIPM ENT: If the Equipment malfunctions or if COOT determines that the Equi pment should be removed or disabl ed as a result of operational
issues and the City cannot be contactcd or cannot arrive at the intersection in a reasonab le timc in the judgmcnt of COOT s Regional Transpol1ation Director, then COOT's Regional Transportation
Director may exercise th e option to dirJct COOT perso nn el or a third pat1y to correct the maln.mction or to remove or di sable the Equipment. The entire cost of any such work performed
by COOT pcrsonnel or third pm1ies will be computed as described in Section 108.9 in the Colorado Standard Speeill eations 1'01' Road and Bridge Constru ction and sha ll not exceed service
contract charges as paid 1'0 1' by the City. (7) INDEMNIFICATION: Without waivin g any immunities on whi ch the City is entitl ed to rely, the City shall be res ponsible t'or injury
or damages as a result of any services and/or goods rendered by or th ro ugh the City that is dircctly related to the implementation and operation of the Equipment under the terms and
conditi ons of this Agreement. In addi tion to thc li ability imposed upon the City on thc account o f personal injury, bod ily inj ury, in cluding death , or property damage suffered
as a result of the Cit y's perfo rmance under this Agreement , the Cit y, to th e extent permitt ed by law, aSSlImes th e obligati on to save and hold harml ess COOT, in cluding its
agent s. employees and ass igns, and to in dl!mnify COOT, including its agen ts, cmployees and assigns, li··om every expense, liabi lity or payment ari sin g out 01' such wrnng li.tI
or negl igent act or omi ss ion, in cl uding reasonable lega l Ices. If COOT should expend any fu nds, except as otherwise provided herein , in con neclion lI'i lh the construction or
the Equipment. the Ci ty
shal l reimburse COOT for same. Nothing in this Agreement shall be construed to hold the City responsible for any action of COOT or its employees. The City shall also include language
in its contract with any and all contractor(s) and vendor(s) involved in implementation, operation, and maintenance of the Equipment to require that the contractor(s) and vendor(s) shall
, to the extent pem1itted by law, indemnify, save, and hold harmless COOT, its cmployees and agents, against any and all claims, damages, liability and coul1 awards including costs,
expenses, and attorney fees incurred as a result of any act or omission by the contractor(s) and/or vendor(s), or its employees, agents, subcontractors, or assignees, pursuant to the
terms of this Agreement. (8) INSURANCE: For any work the City perfonns in relatioq 10 the implementation, operation, and mai ntenance of the Equipment, the City nlllst procure certificates
of insurance and shall deliver copies of the same directly to COOT. The City must also procure or or obtain certificates of insurance li'om any and al l of its contractor(s) and/or vendor(s)
who are involved in the implementation, operation, and maintenance of the Equipment and deliver same to COOT. (A) The types and limits of insurance shall be at a minimum as follows:
I) 2) Workers' Compensation In surance as required by state statute, and Employer's Liability Insurance covering all of the City's employees acting within the course and scope of their
employment. Commercial General Liability Insurance written on ISO occurrence fo'I111 CG 00 0 I 10/93 or equivalent , covering premises operations, lire damage, independent co ntracto
rs, products and completed operations, blanket contractual li abili ty, personal injury, and advertising liabi lity with minimum lim its as lallows: a. $1,000,000 each occurrence; b.
$2,000,000 general aggregate; c. $50,000 anyone fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, the City shall immediately obtain additional
insurance to restore the full aggregate limit and furni sh to COOT a certillcate or other document sat is factory to COOT showing compli ance with this provision. 3) Au tomobile Liability
Insurance covering any auto (including oWlled, hired and non-owned autos) with a minimum li mit as 1()lIows: S; 1,000,000 each accident combined single limit.
4) Umbrella or Excess Liability Insurance with minimum limits of $ 1,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits are impaired
or exhausted. The Policy shall be written on an Occurrence f0l111 and shall be following f0l111 of the primary. The fo llowing f0l111 Excess Liability shall include COOT as an addit
ional insured. (B) COOT shall be named as additional insured on the Commercial Genera l Liability and Automobi le Liability Insurance policies. Coverage requi red of the contract will
be primary over any insurance or sel f-insurance program caJTied by the State of Colorado. (C) The insurance shall include provisions preventing cancell at ion or nonrenewal without
at least 30 days prior notice to COOT by cel1ifi ed mail. (0) The Ci ty will require all insurance policies in any way related to thc contract and secured and maintained by the Ci ty
to include clauses stating that each carricr wi ll waive all rights of recovery, under subrogation or otherwise, against COOT, its agencies, institutions, orga nizations, officers, agents,
employees and vol unteers. (E) All policies evidencing the insurance coverages rcquired hereunder shall be issucd by insurance companies satisfactory to COOT. (F) The City shall provide
cert ifi cates showing insurance coverage required by this contract to COOT prior to execution of the contract. No latcr than 15 days prior to theJexpiration date of any such coverage,
the City shall deliver COOT ccrt ifi cates of insurance cvid encing rencwals th ereo f. At any time during the term of this contract, COOT may request in writ ing, and the City shall
thereupon within 10 days supply to COOT. evidcnce sati s factory to COOT of compli ance with thc provisions of this section . (G) Notwi thstanding subsection (A) of this section, if
the City is a ··public cntit y"' within thc meaning of the Colorado Govcrnmcntal Immunity Act, CR.S. ~ 24-10-10 1, er seq., as amcnd cd (the "I\ct"), thc City shall at all times during
thc tern1 of this contract maintain only such li ability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilitics under the Act. Upon request by COOT,
the City shall sholl' proof of such insurance satisfactory to COOT. Public entity contractors are not requi red to name COOT as an Additiona l In sured. ( II ) When the Ci ty requires
a cont ractor, subcontractor or vendor to obtain insurance coverage, the types and minimum limits of this coverage may be different than those required, as stated above, for the City,
except Illr the Commcrcial Gcncra l Liability Additional Insu red cndorsement and those that qualily as need ing Professional Liability In suran ce.
(9) PERMITS: Before beginning installati on work, the City shall secure from COOT's Regional Transpot1ation Director a permit fo r the pro posed improvement. COOT will review the pl
ans and if COOT detennines that the pl ans meet specifi cations, COOT will issue a permit. In the event COOT does not approve the plans, the City shall revise the pl ans until the pl
ans are acceptable to COOT. Approva l of the pl ans is within the sole discretion of COOT. (10) CONSTRUCTION OF IMPROVEM ENTS: All construction of the proposed improvements shall be
according to the latest editions of COOT's Siandard Specijicalions fo r Road alld Bridge COllslruclion, and the Manllal all Uniform Trqffic COI1Irol Devices and the Colorado Suppl ement
thereto. (II) AMENDMENTS : Any change in this Agreement, whetIl~r by modification or suppl ementation, must bc accomplished by a lo nnal contract amendment signed and approved by th
e dul y authorized representative of the City and COOT. ( 12) ASS IGNMENT: The City shall not ass ign, transfer or delegate any interest in this Agreement without prior written consent
of COOT. However, the parties recognize that the City intends to engage Contractor to install , operate and maintain the Equipment. The engagement of any vendor by the City shall not
relieve the City of its obli gations under this Agreement. ( 13) TERMINATION: COOT may terminate this Agreement at any time, in cluding at the conveni ence of COOT, by provi ding the
City with wtitten notice of termination. Should COOT exercise its ri ght to cancel the contract for such reasons, termination will beEome effecti ve upon the date specifi ed in the notice
of termination sent to the City. The City shall remove th e Equipment in accord ance with the termination notice and remova l shall be at the City'S sole cost and ex pense. In add ition.
if COOT, in its sole discretion, determines th at the removal of the Eq uipment li·om COOT's ri ght-ol~way is in the best interests of the state highway system and the City has not acted
within the tim e li·ame o utlin ed in the term inati on lett er, which will not be less than 30 days, COOT may remove the Equipment at the Cit y's reasonabl e cost. The City may termin
ate this Agreement at any time, in cluding at the conveni ence of the Cit y, by prov iding COOT with written notice o f termin ation. Should the City exercise its ri ght to cancel the
contract for such reasons, termination will become e ffec ti ve upon the date specili ed in the notice of terminati on sent to COOT. The City shall rcmove the Equipment within 60 days
of the e ffectivc termination date and removal shall be at the Cit y'S so le cost and ex pense. (14) LAW OF COLORADO TO GOVERN: This Agreement shall be construed according to thc laws
of th e state of Colorado. The City shall comply with a ll loca l, state and federal laws and regul ations rela ting to the perfo rmance of th is AgreemCllt, including. but not limited
to, C'. R.S. ~ -+2-4 -110.5, as well as any
other applicable advance notifi cati on/signin g, due process, ri ght to pri vacy, and service of process laws. (15) VENUE: It is agreed by the pat1ies that any act ion at law, suit
in equ ity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in Distri ct Court for the City and County of
Denver. ( 16) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference on ly and are not intend ed to define or limit the scope of any
provision of this Agreement. (17) NOT A JOINT VENTURE OR COLLABORATION: N9\hing contained in this Agreement shall be deemed to constitute CDOT and the' City as partners in a partnership,
collaboration, or joint venture for any purpose whatsoever. The City is solely responsible for the automated traffi c signal enforcement system and the traffic citations sent to alleged
offenders. (18) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the pal1ies hereto and nothing in this Agreement shall be construed to give any rights or benefi ts to
anyone oth er than CDOT ancl the City. (19) CDOT REPRESENTATIVE: CDOT's Regional Transportation Director is designated as CDOT's representative for the purpose of admini stering the
provisions of this Agreement. CDOT's represent at ive may designate by written notice other persons having the aut hority to act on behalf of CDOT in fUl1herance of the perfonnance of
this Atreement. (20) SEVERABILITY: If any clause or provis ion of th is Agreement is fo und to be void or un enforceable by a court or agency of proper juri sdiction , then the remarnlng
provisions not void or unenforceable shall remain in full force and effect. (2 1) NON-LIABILITY OF CDOT PERSONNEL: No offi cer, official, employee, assign, o r agent of CDOT shall be
persollal/v responsible for any li abi lit y ari sing uncler or growing out of this Agreement. (22) NO ADVERSE INFERENCE: This Agreement shall not be construed more stron gly against
one party or the other. The parties to this Agreement had equal access to. input with respect to, ancl inilucnce over the provisions of this Agreement. Accordin gly, no rule of construction
wh ich requires that any alleged ly ambiguous provision be interpret ed morc strongly against one party than the other shall be used in intelllreting this Agreement. It is agreed that
more than one copy of this document may be exccuted and that the ori ginal filed with the Secrelary to the Co lorado TranspOl1 ation COlllmission shall be deemed 10 be the conlro lling
origi nal.
(23) ENTIRE AGREEMENT: This Agreement represents the entire understa nding between the parties regarding thi s subject and supersedes all prior written or oral communications between
the pal1ies regarding thi s subject. (24) AUTHORITY TO EXECUTE: The signers of this Agreement WaJTant that they arc acting officially and properly on behalf of thei r respective institutions
and have been duly authorized, directed and cmpowered to cxecute this Agreement. (25) DURATION OF AGREEMENT: This Agreement shall be for a period of continuing duration or for the peliod
of time CDOT owns the traffic control devices located along state highways where the Equipment is installed. CDOT shall not be obligated to maintain ownership of said traffi <; control
device solely for the benefit of the City. ' , (26) NO INTEREST: By constructing, operating, and maintaining the Equipment on CDOT right of way, the Ci ty gains no propel1y interest
in the traffic cont ro l devices on CDOT ri ght-of-way whatsoever. CDOT shall not be obligated obligated to keep the traffic control devices in place if CDOT, in its sole di scret ion,
determines removal or modification of the traffic control devices is in the best interests of the state highway system or CDOT. (27) GOVERNMENTAL IMM UN ITY: Notwithstanding any oth
er provision o r this contract to the contrary, no tenn or condition of this contract shall be construed or intc'lJreted as a waiver, express or implied, of any of the immunities, rights,
benefit s, protection, or other provisions of the Colorado Govemmental Immunity Act, § 24-10-101 , el seq., c.ks., as now or hereafter amended. IN WITNESS WHEREOF, the parties hereto
have entcred into this Agreement on the last day written below. Execut ed by the City this __ day of ______ , 2009. Executed by CDOT this __ day of ______ , 2009. STATE OF COLORADO Bill
Ritter, Jr. , Govelllor By __________ ___ Executive Director Departmcnt of Transpol1ation C ITY OF COMMERCE CITY, COLORADO Paul Natale. Mayor
Exhihit I List of Intersections ATTEST: Laura J. Bauer, CMC, City Clerk APPROVED AS TO FORM: Karen S. Stevens, Assistant City Attorney , , I) US Highway gS, northbound lanes at E. 60th
Ave. 2) US Highway 85, so uthbound lanes at E. 60th Ave. 3) E. 60th Ave .. westbound lanes at US Highway 85
.. , • City of K WheatP-.Ldgc ~OllCE DEPARTMENT TO: THROUGH: FROM: DATE: Memorandum Mayor DiTullio and City Council Randy Young, City Manager~ i>, Daniel Brennan, Chief of Police ~'V
Dave Pickett, Lieutenant Patrol Operations Bureau December 21 , 2009 , , SUBJECT: Staff Report -Implementation ofa Verified Response to Property Intrusion Alarms EXECUTIVE SUMMARY )
The City Code of Laws, Article V, Sections 19-111 through 19-121 , Police Alarm Systems gives the Police Department the authority to charge and collect fees to alarm users related to
false alanns. In the late 1990's, the Police Department discontinued the collection of fees related to false alarms due to staffing reductions. The vast majority of " intrusion" or "butglar"
alanns that the police department responds to are false. In the last three years, statistics indicate that officers responded to a total number of 3,403 intrusion alanns, with an average
of 98% being false. By year, those statistics are: Year Number of Alarms % False Alarms 2006 1,152 99% 2007 1,182 98% 2008 1,069 97% It is the police department's current procedure to
send one primary officer and one cover officer to each alarm. The average total officer time for an alarm call is II minutes. Taking into consideration that two officers are routinely
dispatched to an alarm call, it is reasonable to estimate an average of 20 minutes of officer time is spent on each alarm. This would account for just less than 1,125 hours spent in
the past three years investigating alanns where no criminal activity occurred. Many times, false alarms contribute to a significant backlog of calls and the average police response time
to alarm activations is extended, well beyond the time when police could reasonably hope to apprehend an intruder. Verified Alarm Response is a program whereby criminal activity must
be verified by some means prior to police response to an intrusion alarm. This program does not impact hold up, panic or duress alarms. Verification can be in several fonns: • A secondary
alann from the same location, such as a motion detection alarm or heat detection alann.
Implementation ofa Verified Response to Property Intrusion Alarms December 21 , 2009 Page 2 of4 • Interior monitors, such as video or audio monitors. • Witness reports that support a
crime is occurring or has occurred. • Officer knowledge of the area, the business, or recent criminal activity that would support a response. • Any other information indicating the alarm
is valid. Verified alarm response has been studied and implemented in jurisdictions across the country, including many in Jefferson County. It is a program that has proven to assist
police departments in better resource allocation, without a negative impact on the occurrence of criminal behavior or the frequency of criminal apprehension. STATEMENT OF THE ISSUES
, , , With 98% of all intrusion alarms that request police response being false alarms, a police response without further information is an ineffective use of resources. A 2006 paper
authored by M. Nichols Strategic Communications, studied 20 police departments regarding their implementation of verified alarm response. Five Metro Denver area agencies were included
in the study. They were Arvada, Aurora, Broomfield, Lakewood and Westminster police departments. The study found that: • • • • • • • 94% to 99% of all alarms were false. Through verified
response, departments experienced a significant drop in time spent investigating false alarms. Departments were able to reduce their average call response times due to time saved. There
were no significant chan~es in burglary occurrences. There were no significant changes in apprehension rates. Initial public concern was alleviated through public education. Verified
response worked signiticantly better than other strategies, such as charging fees for excessive false alarms or licensing alarm system clients. In the above study, burglary rates actually
went down, but this was attributed to a national trend of lower property crime rates and not to any component of the verified alarm response program. In addition, apprehension rates
rose slightly, again due to factors outside the program. In another study, the Salt Lake Utah Police Department experienced a 90% decrease in alarm-related calls for service during the
first year the verified ordinance was in effect, compared to the previous year. The 2008-20 II Wheat Ridge Police Department Strategic Plan lists Goal #2 as "Continued implementation
of the use of analysis to conduct workload and staffing studies, and case load management practices; to effectively respond to issues of crime and disorder, critical to the department's
effort to become more effective and efficient. " Goal #7 reads, "Continue to look for opportunities to improve current service levels and explore innovative customer service delivery
methods. " With the Strategic Plan in mind, the police department is conducting a review of how it responds to alarms, the amount of time spent on alarm response, and the effectiveness
of those responses.
Implementation of a Veri fied Response to Property Intrusion Alarms December 21 , 2009 Page 3 of4 Currently, the police department allocates almost 400 officer hours per year responding
to false alarms. Four hundred hours translates to between $10,000 and $13,000 that is being expended for no practical police purpose. Adopting a Verified Alarm Response policy does not
mean tlle department will discontinue receiving requests for service related to intrusion alarms. The Communications Center will continue to accept these calls for service and will explain
to the caller the need for verification. Dispatchers will air the alarm call and patrol officers will have discretion to determine the need for a response. This discretion
will take into account a variety of factors including weather, the location of the call for service, crime trends and patterns in the area, and prior knowledge of the area. Any alarm
that was verified as described previously would receive the priority appropriate to the situation. . , . The department will continue to respond to alarm calls at schools, government
facilities, financial institutions, gun shops and pharmacies. FINANCIAL IMPACT Responding to false alarms has a financial impact on all taxpayers, regardless of whether they have alarm
systems or not. Although there is no hard dollar cost associated with changing police response to intrusion alarms, some minor cost may be associated with the public education required
to help the community understand the changes in alarm response and the reasons for those changes. The City will not realize any direct monetary savings associated with a verified alarm
response; however, Police Department resources \will be more effectively allocated and patrol officers will be able to direct their patrolling efforts to specific issues in their designated
areas of responsibility. AL TERNA TIVES I. Maintain the current practice of responding to all alarms as currently prioritized. Contract with a commercial organization that specializes
in permitting and collecting fees from alarm users. These companies gear their programs to setting up permit processes and collecting money. Fees are charged in the permit process and
fines are collected for false alarms. The stated purpose of these companies is to provide a monetary incentive for alarm companies and their clients to reduce false alarms. This option
would require that Article V, Police Alarm Systems of the City Code of Laws be modified. 2. Maintain the current practice of responding to all alarms as currently prioritized. Revise
Article V, Police Alarm Systems of the City Code of Laws to reflect the current practice of not collecting fees. 3. Institute a verified alarm response that takes into account the specialized
needs of this community, as well as the policing philosophy of the police department. RECOMMENDATION The Police Department recommends adopting a Verified Alarm Response as a strategy.
It makes good sense to redirect patrol officers to other crime related and problem solving activities in our community. This system has worked for other departments in the same geographical
area as
Implementation of a Verified Response to Property Intrusion Alanns December 21, 2009 Page 4 of4 Wheat Ridge. The Wheat Ridge Police Department is currently responding to an average of
1,134 false alanns per year. In the M. Nichols Strategic Communications study, an often stated goal was to reduce false alann response by 65%. If the Wheat Ridge Police Department realized
a 65% reduction, that would equal 244 hours in officer response time savings per year, and 731 hours over a three-year period. If City Council agrees, the department will begin the process
of implementing this new strategy, revise the current ordinance to reflect new business practices and begin an educational outreach program in the community. DP/db . • •
ARTICLE V. POLICE ALARM SYSTEMS* Page 1 of 4 ARTICLE V. POLICE ALARM SYSTEMS· ·Cross references: Guard services and security agencies, § 11-161 et seq. Sec. 19-111. Definitions. The
following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alarm provider means any person who provides, whether or: Mt for profit, a central alarm station or which provides, whether or not for profit, a police alarm device or which receives
signals from a police alarm device and reports receipt of said signals to the police department. Alarm user means any person who causes to be located upon property wherein it has any
interest, whether ownership or leasehold or other interest, a police alarm device or an audible alarm device. Audible alarm device means any alarm device which produces an audible signal
at the premises where it is installed, whether by means of bells, horns, sirens, or other mechanisms, thereby notifying persons within audible range of the Signal that police should
be notified. Smoke detectors or fire detectors located in individual residences or businesses are expressly excluded from this category of audible alarm device. Central alarm station
means any facility which is manned at all times by trained operators employed to receive, record, and validate alarm signals and to relay information about validated Signals to the police
radio dispatch room when appropriate. Direct alarm device means any police alarm device or system which transmits, by whatever means, its alarm signal form the location of the alarm
to the police radio dispatch room or other police dispatch facility without the last step in the transmission process being a live voice capable of wo-way communication. This definition
includes automatic telephone alarm devices connected to emergency line 911 or other telephone numbers. False alarm means any alarm signal originating from a police alarm device or audible
alarm device, to to which the police respond and which results from: (1 ) False activation, including reporting a robbery where no actual or attempted robbery has occurred, or reporting
a burglar alarm where there is no evidence to substantiate an attempted or forced entry to the premises; (2) Alarm malfunction, including mechanical failure or electrical failure; (3)
Alarm triggered by subscriber's negligence, including overly sensitive settings. Provided, however, that false alarms shall not include an alarm signal caused by violent conditions of
nature or other extraordinary circumstances not reasonably subject to control by the alarm user. Police alarm device means any device which, when activated by the victim of a holdup
or robbery at a specific location, by forced entry into premises, or by other stimuli, transmits a prerecorded message or other signal by telephone, radio, or other means to a central
alarm station or directly to the police radio dispatch room requiring a police response. http://librarv2.municode.com/default·testIDocView/11707/I /93/9f/. 1 ?nl nOOQ
ARTICLE V. POLlCE ALARM SYSTEMS* Page 2 of4 (Code 1977, § 18-49) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 19-112. Purpose. The purpose of this article
is to establish standards and controls for the various types of automatic alarm devices which require police response, investigation, and safeguarding of property and persons at the
location where such device is in operation and those who may be jeopardized by the necessity of the police department to response to such an emergency situation. (Code 1977, § 18-48)
Sec. 19-113. Penalty. , ,, Upon conviction of any action or omission declared to be unlawful by this article, a person shall be subject to the penalties set forth in section 1-5 of this
Code. In addition, any alarm provider who fails or refuses to comply with the rules and regulations authorized by section 19-144 hereof shall be subject to having his license revoked,
following a hearing conducted before the city council at which hearing due process will be afforded. (Code 1977, § 18-58; Ord. No. 1998-1120, § 9, 6-8-98) Sec. 19-114. Rules and regulations.
The chief of police may promulgate rules and regulations that may reasonably be necessary for purposes of assuring the quality, efficiency, and effectiveness of police alarm devices
and alarm installations owned, operated, maintained, installed, or sold under this article, and for administering and enforcing the provisions of this article. Swth rules and regulations
shall be approved by the city council and shall be published prior to the time they go into effect, and shall have the same force and effect as this article of the Code of Laws. (Code
1977, § 18-57) Sec. 19-115. Direct alarms prohibited; exceptions. (a) It shall be unlawful for any person to sell, lease, install, maintain or have in operation on his premises in the
city any direct alarm device. (b) The provisions of subsection (a) shall not apply to nursing homes, day care centers, hospitals, schools, or treatment centers, or where the use of such
device is required by virtue of federal, state or city regulations, law or ordinance such as an FDIC-insured institution, or where the chief of police in his discretion determines that
a pattern of crimes or the reoccurrence of criminal activity justifies installing direct alarm devices in specific locations until the chief further determines that the criminal pattern
or reoccurring criminal activity has ceased, or that maintenance of such direct alarm devices is no longer necessary. (Code 1977, § 18-50) Sec. 19-116. False alarms unlawful. http://library2.municode
.comldefault-testJDocView/11707/1/93/98 12/2112009
ARTICLE V. POLICE ALARM SYSTEMS* Page 3 of 4 (a) It shall be unlawful for any person to intentionally cause the transmission of an alarm he knows to be false. (b) It shall be unlawful
for any alarm user to allow the transmission of a false alarm, as above defined. Transmission of a false alarm by a permittee pursuant to this subsection shall subject the permittee
to a charge as specified in section 19-119. (Code 1977, § 18-51) Sec. 19-117. Responsibility of alarm user. An alarm user shall: (1) Respond to the location to where an alarm originated
within one (1) hour after a request by the police department, or shall contractually provide for such response to such request by an alarm provider. Failure to respond ,within a reasonable
time after such a request by the police department, unless necessitated by a legitimate reason made known to and accepted by the police department, shall constitute grounds for revocation
of authority to maintain either a police alarm device or audible alarm device upon the premises; (2) In the event any alarm or warning signal is audible to others not on the premises
where the audible alarm device is maintained, terminate, or cause to be terminated, any audible alarm signal at a time no later than fifteen (15) minutes after the activation of the
audible signal. (Code 1977, § 18-52) Sec. 19-118. Charges for false alarms. No alanm user shall be charged fPr any of the first twelve (12) false alarms in anyone (1) calendar year,
provided that not more than three (3) such false alarms occur in any calendar month. The first false alarm after twelve (12) in anyone (1) year or three (3) in any calendar month shall
result in a charge being imposed in the amount of twenty-five dollars ($25.00), the second false alarm shall result in a charge of fifty dollars ($50.00) and all subsequent false alarms
shall result in a charge of one hundred dollars ($100.00). (Code 1977, § 18-53) Sec. 19-119. Collection of charges. (a) For the purposes of this section, an alarm user who is lessee,
occupant, or tenant of the premises from which the false alarm originated shall be deemed agent of the owner thereof. (b) Whenever the police department determines a charge shall be
made pursuant to section 19-118, a bill and notice shall be sent to the alarm user at his last known address, stating the assessment which has been made, the reason therefor, the date
payment is due, and notifying the alarm user that he has a right to a hearing before the chief of police if a request therefor is made before the due date. (c) All assessments are due
and payable to the city within fifteen (15) days of mailing of the notice required in subsection (b), except, if a hearing is timely requested, the assessment is due within ten (10)
days after an adverse decision at such hearing. (d) If the alarm user shall fail to pay the assessment within thirty (30) days after the same http://librarv2.municode.com/default-testIDocViewI11707/1
fQ,fQR 1 ?1?11?(1(10
ARTICLE V. POLICE ALARM SYSTEMS* Page 4 of4 becomes due, the treasure shall certify such assessment to the county treasurer to be levied on the premises and collected the same as general
taxes. Ten (10) percent of the amount shall be added to the assessment to pay the cost of collection. (Code 1977, § 18-54) Sec. 19-120. Grace period after installation. For the first
thirty (30) calendar days following installation of a police alarm device or audible alarm device, no charge shall be made for any false alarms in order to allow for proper installation
and adjustments of the alarm systems. (Code 1977, § 18-55) Sec. 19-121. Licensing of alarm providers. ,, ,, Any alarm provider as above described shall register with the chief of police,
or his designee, and, at the time of registration shall pay a license fee in the amount established by resolution, and shall provide such information as may reasonably be required by
the chief of police pursuant to the rules and regulations authorized hereinafter, which information shall be used for the purpose of checking the character and references of the alarm
provider and its employees so as to assure the residents of the city that reputable persons will be providing the alarm service herein contemplated. (Code 1977, § 18-56) I http://librarv2.municode.co
mldefault-testIDoc Viewll170711 193/9? 1?0 1 /?OOQ
J+erYl L.I . ",~A~ • _ ~ City of • ~~WheatRL.dge ~OFFICE OF THE MAYOR TO: FROM: DATE: Memorandum City Council Mayor DiTUllioj pt January 4,2010 SUBJECT: Citizen Budget Oversight Committee
Update , , Included in this packet, as allachments, is a listing of the current members of the Citizen Budget Oversight Committee (CBOC) and a memorandum from the Commillee, dated July
6, 2009, which outlines both short and long term recommendations. hems for CounciJ discussion are: • Discuss the next steps and topics for the CBOC with regards to their meeting schedule:
I. Mayor DiTullio, Council Member Jay, City Manager-Randy Young and Public Works Director-Tim Paranto would like to discuss revenue ideas witb the CBOC with regards to public safety
and trash pickup. 2. The Public Safety fee was presented last Fall, but the Mayor, City Manager and the Chief of Police would like to refine the concept and the reconunendations with
regards to the Police Department. 3. Otber topics as noted by Councilor Staff.
Joyce Jay Tracy Langworthy Larry Schulz Charles Holcer Melody Ortega Mary Cavarra George Jorgensen Citizen Budget Oversight Committee December 15 • 2009 Council 4435 Carr St. Council
10945 W. 44"' Ave. Treasurer 4675 Swadley St. District I 3175 Lamar St. District II 4140 Ingalls St. District III 3805 Robb St. District IV 4515 Robb St. 80033 303-420-8533 80033 303-420-8055
80033 303-475-3532 80214 303-233-1280 80033 303-463-5610 80033 303-424-4503 80033 303-456-1329
Wheat Ridge Citizens' Budget Oversight Committee Report to City Council July 6, 2009 The CBOC was established by Council Action on January 12,2009. The purpose was to "review the overall
financial condition of the City, review the 20 10 program budgets, prioritize each of these programs, and to ensure the City maintains compliance with state and federal mandates, accompli
shes the goals in the strategic plan. has adequate revenues to support programs and goals. and provide recommendations in an executi ve summary to the City Council by July 1,2009." (Resolution
No.7, Series 01"2009.) Further, the by-laws instructed a goal: "This ad hoc Citizen Budget Oversight Committee's goal is to provide a citizen's analysis and perspective of2010 programs
and services provided by the City to its citizens and the long-term revenues needed 10 fund such programs and services." The following membership was appointed by the Mayor and ratified
by the CiDI, Council: Name: Charles W. Holeer Brian Hansen Mary ea yarra George Jorgenson Tracy Langworthy Lena Rotola Larry Schulz RepreSenlalion: District I District II District 1lJ
District IV City Council City Council City Treasurer At the Committee's first meeting, Larry Schulz was elected chair and Brian Hansen was elected ViceChair. The complete membership
has been present for all but a couple meetings and all members have actively participated and contr ibuted to this repor!. lL was the Committee's goal from the start that the recommendations
be clear and easy to understand. We also determined that nothing was "off the !able." Certain recommendations are dramatic and wi ll draw criticism, but we have sought to be cand id
and willing to include recommendations which wi ll be effective if implemented. This report is structured to be responsive to the elements of the purpose established. The Committee has
also been conscious of the recommendations of the Neighborhood Revitalization Study adopted by City Council in 2005. Stated brieny, the goal is to attract strong families and develop
develop a commercial environment to make Wheat Ridge a city where people will want to work, shop, and live. We hope those who are involved with revising the Comprehensive Plan wi ll
pay careful attention to this important, in-depth document. While NRS Study describes the serious economic decline that has taken place during the past 30 years, the Study is optimistic
and outlines several specific steps for improvement. The CBOC generall y supports one of those steps, WR2020, but during these challenging economic times, believes more emphasis should
be placed on commercial economic development that directly contributes to the lax base. A lower cost alternative is present.ed below. Review the financial condition of the City: Wheat
Ridge is facing very serious challenges, and there are storm clouds on the horizon. Economic upturns wi ll help, but that wi ll not solve the cost/revenue imbalance that existed during
better economic times. The City cannot indefi nitely rely on utilizing the surplus and/or reducing capital expenditures. Action by Cit.y Council and the citizens are necessary to ensure
a sustained city government consist.ent wit.h the Comprehensive Plan and Neighborhood Revitalization Study recolTunend31ions. The CBOC received thorough briefings from all Department
Heads, who reviewed their programs, their priorities, and adjust.ments made in 2009 as a result of the economic downturn. Despite the reduction in the
2009 budget from 2008, current revenue may rail short of budget for 2009. Economic indicators seem to predict a sluggish economy th rough 2010. Some further cost reductions may be necessary.
In January the City Manager's office asked all departments to freeze out of state travelltraining budgets and in addition identify those budgeted items that were not cri tical expenditures
and freeze those expenditures until funhcr notice. The 2009 mid-year market adjustments for employee salaries have been postponed with the anticipation of including any adjustments in
the 2010 budget. As revenues continue to fall, the City Manager's office has requested that the departments identify items in their budgets that can be cut without significantly impacting
service delivery with the goal of presenting to City Council nearly one million dollars in 2009 budget savings. The Commitlee identified additional shorl -term cost reductions. Council
should consider these recommendations only if absolutely necessary. Goal: Make recommendations that will reduce the widening gap between revenue and operating costs, and also provide
funds for capital expenditures. Reduce costs by a inclusive furlough of no more lhan one pay period. An option could be to freeze hiring and wage Reduction This would be a "share the
pain" action ,, ,, now employing, and would be painful , but fair. State of Colorado is a An additional consideration could be a current after acti vities are completed. cost reductions.
Review the 2010 oro",am budgets' The 2010 Budget is still in preparation. However, the Department Directors indicated that they would be following the guidelines rellected in the 2009
Budget. Wi thout improvement in the local economy, the budget may have to be reduced even further. Prioritize each of these programs: It is difficult to prioritize at the Departmental
level, as all Departments perform essential and legally required programs. Prioritizing within Departments would be more appropriate. The CBOC has not prioritized programs within Departments.
Ensure the City maintains compliance with state and federal mandates: Legal mandates are complied with to the extent resources allow. Certain environmental mandates, for example, require
increased infrastructural projects to comply with drainage and water quality standards. Accomplishes the goals in the strategic plan: the Committee is confident that any ongoing and
proposed projects are consistent with the goals of the Strategic Plan. The Committee's recommendations also renect the goal s of the Neighborhood Revitalization Study. Has adequate revenues
to support programs and goals: Goal: Recommend new sources of revenue and/or increase the level of existing sources. These sources of revenue should: (a) Reduce the City's reliance on
sales ta x, (b) Increase revenue from sectors that are not currently contributing a reasonable return. 2
Recommendation: Discussion: Increase Economic Development The Committee is in agreement that increased economic emphasis--employ a highly development is th e single most critical factor
to achieve a sustained qual ified and experienced ED community and city over the long term. Manager in-house or by contract. Structure earnings around incenti ves for accomplishment
s. Create a City Street Maintenance A utility with fees dedicated to infrastructure improvements and utility to be used for City-wide maintenance. Fees would be set for properties based
on size and infrastructure maintenance and use, administered through the property tax process. The Committee improvements. Example: $30/year requests that the proposal be analyzed and
evaluated by staff for the for residents and $60/year for Council 's consideration. A similar utility focusing on Publ ic Safety businesses. has also been recommended. $ 2/monlh employment
head tax. We do not have data for number of employees in the city, but if Implement a tax system similar to there were 10,000, th is tax would provide $240,ooo/year. Denver and Greenwood
Villa£e ,' ,, Establish a Renter's tax --Property The renters' tax could accomplish two goals, FiTS t, provide revenue owners would be assessed a tax. to compensate for the costs associated
with a mobile society, and This coul d also fund the proposed second to incorporate a rental inspection/cert ification program. rental property inspection program. Implement a transfer
fee on all This fee could be charged to those who purchase a vehicle in Wheat vehicles that require a Colorado Ridge but do not pay City sales tax. The fee could be a nat fee or a license.
% of the purchase. Based on 2004 figures in the NRS report , a .25% fee would generate approx imate ly $900,000 per year. To stimulate local business acti vity, Denver is estimating
huge returns for its onc month waiver of fees consider a brief permit free period for residentiaJ construction. [t could be tried and perhaps increased for residential proj ects. residential
construction acti vity would enhance our overall economy. We suggest that it be considered as a factor in the fee review process. I % sa les tax increase This is included for future
consideration. It would add to the general fund, though it is not seen as a l on~ term solution to rising costs. In coordination with other THis recommendation comes out ohhe demographic
and economic municipalities, investigate and data presented by Dr. Phyllis Res nick. It is incl uded here for future consider extending sales taxation to consideration and the Committee
recognizes coordination with selected services. Identify services neighboring municipalities would be necessary. and model the revenue potential. The Committee considered some measures
for potenti al reductions in expenditures for longer term consideration: Goal: The caoc is impressed with the staffs dedication and commitment to serving the community. However, department.
heads are currently functioning within standard parameters. The goal of the CBOC is to offer recommendat.ions that are non-traditional. Recommendation: Discussion: Consider employees
paying a greater share of Employees participate al the present time. Research Benetit Costs could be done to determine the level of sharing costs in other municipalities. Outsourcing
--Outsourcing possibi lities: Data These concepts could be considered through a cost Storage, payroll. sales tax collection comparison of present practice with altern ative acquisition
and the newest technology. 3
Recommendation: Discussion: Interagency Agreements --Consider further Current agreements for law enforcement services interagency mutually beneficial agreements to either are demonstrating
mutual savings for the partners. take adva ntage of other municipalities' expertise and Additional opportunities can be considered where to offer Wheat Rid2:e services to other entities.
similar advantae.es can be achieved. Reduce Payroll Costs --Streamline processes and The costs should be reviewed carefull y along with increase use of technology. Replace some posi
tions technological advancements. with on-call contractors who would work only durin~ peak times. inves tigate potential energy costs savings Do an energy audit of City facilities. Look
for additional ways of reducin g energy costs, including the use of solar technology to offset currents electrical consumption. Max imize use of current technology for heatin g and coo
lin ~. The CBOC has not performed nor requested substantive anal yses of the actual ,'!"pacts pacts of the recommendations. We encourage Council to determine which recommendations should
merit further analysis and consideration. The Committee stands ready to discuss the report further with Council and Staff. The CBOC considers this report to complete the Commiuee's mission
under Resolution 7. If Council requests further action by the CBOC, the members will continue serving and respond to the best of its ability. Signatures: Charles W. Holeer District I
Brian Hansen Distri<ft II Mary Cavarra Dis trict III George Jorgenson Di strict IV Tracy Langworthy City Council Lena Rotola Cit y Council Larry Schulz City Treasurer 4
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2009 A RESOLUTION TO ESTABLISH THE CITIZEN BUDGET OVERSIGHT COMMITTEE WHEREAS, for the last several years, the City has
been faCing a deteriorating financial condition from the increasing cost of services, federal and state mandates, and declining economic conditions resulting in insufficient revenue
available to maintain current operations and the mandated level of services required ~y' the City's 32,000 plus citizens; and WHEREAS, the additional mandates are causing increased demands
on law enforcement, criminal prosecution, road maintenance, storrnwater management, other services; and WHEREAS, these mandates necessitate the requirement for · additional resources,
thus increasing the burden on the General Fund; and WHEREAS, over recent years, the City Council has appropriated funds from the City's reserves and reduced base operating budgets City-wide
to address increasing mandated services and programs in an attempt to balance the budget resulting in a decrease of available reserves; and I WHEREAS, in 2009, THE City is developing
plans for diversification of revenues; and WHEREAS, in 2010, the City is developing program budgets in an effort to rank the funding of programs and services by priority; and WHEREAS,
citizen involvement in the budget process is important for transparent government, therefore, the Mayor and City Council will create a mechanism for formal citizen involvement by establishing
a citizen budget oversight committee; and WHEREAS, the Mayor and City Council desires to establish the City Citizen Budget Oversight Committee to include citizen representatives to review
the overall financial condition of the City, review the 2010 program budgets, prioritize each of these programs, and to ensure the City maintains compliance with state and federal mandates,
accomplishes the goals in the strategic plan, has adequate revenues to support programs and goals, and provide recommendations in an executive summary to the City Council by July July
1, 2009; and WHEREAS, the Mayor will appoint and the City Council will ratify members as outlined in the attached bylaws (Attachment A):
NOW THEREFORE, BE IT RESOLVED THAT: The City Council of Wheat Ridge, Colorado, hereby approves the implementation and accepts the bylaws of the City of Wheat Ridge Citizen Budget Oversight
Committee. DONE AND RESOLVED THIS 12th day of January, 2009. ATTEST: Michael Snow, City Cieri< I , . , .
Attachment A BY-LAWS OF THE CITY OF WHEAT RIDGE CITY CITIZEN BUDGET OVERSIGHT COMMITTEE Article I Name Secl/on 1. Name: The name of the advisory committee shall be the CiUzen Budget
OVersight Committee (CBOC), hereinafter referred to as ·CBOC". ArtIcle II Mission Statement To review the overall financial condillon of the City, review existing revenue streams, review
the projected 2010 program budgets, prioritize each of these programs, and to ensure the City maintains compliance with federal and state mandates, accomplishes the goals outlined in
the city Strategic Plan, provide program funding recommendations, and provide recommendations for Increased and diverse revenues in . an executive summary to the City Council. Article
III : : Goal . This ad hoc Citizen Budget Oversight Committee's goal Is to provide a citizen's analysis and perspective of 201 0 programs and services provided by the City to Its citizens
and the long-term revenues needed to fund such programs and services Article IV Membel$hlp Section Section 1. Members of the CBOC shall be appointed by the Mayor and ratified by City
Council. Section 2. The CBOC shall be composed of (1) voting members: • The City Treasurer; • Four (4) Appointees; one from each of the City'S four Council Districts; nominations shall
be submitted by Council Members representing each respective Council District. • Two (2) City Council Members. If more than two Council Members apply, names shall be drawn at a regular
councU meeting. J Section 3. The citizen appointments shall not be affiliated with nor shall they be receiving any form of compensation from the City of Wheat Ridge or any organization
controlled or appointed by the City. As an exception to the above, no more than one citizen appointment shall be a retired chy employee. . Section 4. The voting members are appointed
for a term of one (1) year. All members of the CBOC shall serve at the pleasure of the Mayor and City Council without compensation and may be removed at any time. Section 5. Each voting
member shall be entitled to one (1) vote in all CBOC decision-making actions. Article V Ex Officio Mambars The City Manager or his designated representative shall serve as Ex Officio
CBOC member. Ex Officio Members shall have no voting pIivileges. Article VI Officers The eBOe shall organize and elect officers including a chair and vice chair. Article VII Meetings
Section 1. All materials for upcoming meetings shall be provided one (1) week in advance. Section 2. All voUng members must be available for all meetings. Section 3. The governance or
the caoc meetings shall be adapted from Robert's Rules of Order. Section 4. There shall be minutes of all meetings of the CBOC, and said minutes of the meetings shall be approved by
the voting members of the CBOC. Article VIII Staff Support and Expenses staff support to the caoc will be provided and designated by the City Manager and will be consistent with the
mlsslon statement of the CBOC. All expenses related to operation ofthe CBOC, including staff time, shall be documented and provided to the CBOC, Mayor and City Council on a quarterly
baSis. No funds, Includlng staff time, shall be expended for the operation of the CBOC without a resolution by the City Council. Any and all expenses related to the operation ofthe CBOC
shall be documented In the budget as a separate line item listed under City Administration, OffICe of the the Mayor. Article IX These By-laws may only be revised and amended by the City
Council during a ~gular meeting. Received and accepted by the Wheat Ridge City Council on January 12, 2009 2008. Jerry DITullio, Mayor Attest: Michael Snow, Wheat Ridge City Cler1< "
, . , City of ~Wheat&"'dge ~OFFICE OF THE CiTY CLERK TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Michael Snow~ January 4, 20 I 0 Council Rule Discussion According to the
current Rules of Order and Procedure, City Council Rules are to be reviewed by Council within three months of an election.
A:;Of Wheat~ge RULES OF ORDER AND PROCEDURE CITY COUNCIL I WHEAT RIDGE, COLORADO
TABLE OF CONTENTS AUTHORITY . .. . .... .....• .•. •... ...... ... ... .. .... .. ........ .. ........ ....... ... .... .• ... .. ... .. ... . ... ............. .. 3 GENERAL RULES ...............
........... . .. ... .. .... .. ... ..... .... ........ .. ........... ... ............. ...... .. 3-4 ABSENCE FROM MEETINGS ..... .. ... ... ..... ..... .... ......... ..... .. .....
...... ....... .. .. . ... .. .. ... 3 RIGHT OF FLOOR ..... ........ .. .. .... .... .. .... .. ...... ............ . .......... . .............. .. .. ...... .. 3 ELECTED OFFICIALS'
MATTERS .. .. .. ... ........ ... ....... ....... .... .... .... . ... .... .. .... .. .. .... .. 4 CITY ATTORNEy ..... ...... .. .... .. .. .. .... .. .... .. .... .. ... ...... ...
.. .. .. ... ...... ......... .. ...... .... .. 4 CITY CLERK .. ..... .... .... . ...... .... ... . .. .. ....• .•. •....... ... ... .. .. . •. ... .. •.. . ... .. .. .... . ...... ..
... .. 4 PARLIAMENTARIAN ... ............ ... ...... .... ....• ... .. .. .... ...... .. ... ... ........... ....... .... .. .... .... 4 TYPES OF MEETINGS ....... .... ......... .. ..
.... .. .... .... .. ............ ... .... . ........... ... .. ........ .... ... 4-6 BUSINESS MEETINGS ... .. .. ............ ....... ... .. .. ........ .... ...... ... .... ... ..
... ........ .. . ...... . 4 SPECIAL AND EMERGENGY MEETINGS .. ..... .. .. ........... . , .' ................... .. ........ .. ..... 5 ADJOURNED MEETINGS ..... .. ... .. .... ......
.. ....... . .. .... ...................... ...... .... .. ... ... .. 5 EXECUTIVE SESSIONS ...... . ... . .... .... .. ..... ... .... ..... . .. .... .. .. .. .... .. .. .... .. .. ..
.. .... .. ... .. 5 INFORMAL MEETINGS ....... .... ...... .... ... ..... .. .......... .... .. .. .. ...... .. .... ........ .. ... ... . 5-6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS
AND SOCIAL GATHERINGS ... .. .... ........... ... .... . .. ...... .... . ..... ........ ... ... .. ... ... ... ... ............ .. ... .... 6 CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES
... ........................................ ......... 6-7 CHAIRMAN .... ...... ..... ....... ... ... .... .... ...... ... ........... .... .. .. .. •.• ......... .... .... ... .. ..
..... 6 MAYOR PROTEM ...... .. ................ .. ......... ... ..... .. ... ..... ... ... .......... .......... .. .. .. .. 6-7 PRESERVATION OF ORDER .... ............ .... .. .. ..
.... .. .. .............. ........ .......... .. ...... .. 7 POINT OF ORDER ..... .. .......... .... ...... .... .. •. ....... ......... .... ... ... .... .. ... ..... ..... .. .......
7 ORDER OF BUSINESS AND THE AGENDA .......... ......... .... .. .. .. .. ........ .. .. .. .......... .... .. . 7-10 ORDER OF BUSINESS .... .. ...... .... .. .. .. .. .. .. ...... ..
........ .. ...... .. ............ .. .... ...... ..... 7 AGENDA . ...... ...... ....... ... J .. ... ........ ..... ... ....................... ... ............ .. ...... .. .... ....
8 AGENDA ITEMS .... .......... .. ..... . .. ... ..... .. ................ .. .. .......... .. .. . ............ ............ .... .... ... 9 PUBLIC HEARINGS ..... .... ......... ...
.. ...... .. .... ... ....... .. ........ .. ................ .... .. .. .... .. 9 ORDINANCES ON FIRST READING .... .. ......... .. .... ...... .. .... .. .. .. .. .... ........ ..........
... 9 TIME OF ADJOURNMENT.. .. .. .. .... .. ...... .... .. .. .... ... ....... .. ....... ... .. ... .... ..... ... .. . .. .. 10 ORDINANCES, RESOLUTIONS, AND MOTIONS .. ...........
.... .. .. ............. .. .... .. ...... 10 RECONDIDERATION ..... ... ...... ........ .. ... ..... . ................. .. ...... .. .................. . 10 CITY ATTORNEY TO APPROVE
.... .... .. .. ............. .... .... .. ................. .... .. .. ...... 10 CITIZENS' RIGHTS ....... ....... .................. ...... .. ... ..... ........ .. ..... ... .. ..
....................... .. 11 CITIZENS' RIGHT TO SPEAK ........ .. ...... .. .............. .. ................... .... .... .. .... .. ... 11 CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS
...... .. .... .. . ...... .................. ...... 11 WRITTEN COMMUNICATIONS ..... .. ...... .... .. ............... . .. ....................... ... ...... .. 11 SUSPENSION AND AMENDMENT
OF THESE RULES .. ......................... .... ...... ........ .. 11-12 SUSPENSION OF RULES ............ .. ...... .. .. .... ..................................... ...... .... ...
11 AMENDMENT OF RULES ......... ..... ... ... .... .... ........................ .. ............ .. .. .. .. . ... . 12 REVIEW . .. .. ....... ...... ... ..... ......... .. ..........
..... .. ...... ...... ..... . .... .... ........ .. .. .. .. .. .. 12 APPROPRIATIONS .. .. .... .... .... .......... . ............ .... .... ..... ...... ... .. ............... ..
........ ...... .. 12 2
RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO AUTHORITY: The Charter of the City of Wheat Ridge provides that the Council may determine its own
rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner
provided by these rules. GENERAL RULES A. ABSENCE FROM MEETINGS: , . In the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City
Clerk will duly notify the City Council at the beginning of the meeting why said Council Member is absent. B. RIGHT OF THE FLOOR: 1. The presiding officer must first recognize each Council
Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question. 2 . Speakers shall confine themselves to the question under discussion.
All discussion must be germane to the agenda item. 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. 4 . Each
Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item . Answers to questions will be included in the time
and the time will not be cumulative. Before a vote, each Council Member shall have an additional three (3) minute period to make a summation. 5. No Council Member shall be allowed to
speak more than once upon anyone agenda item until every other member choosing to speak thereon shall have spoken. 6. Once a vote has been taken, there shall be no further discussion
on that motion or Agenda Item unless a motion to reconsider is adopted. 7. In the event of an amendment, the maker of the amendment shall have one (1) three (3) minute period to make
the amendment and speak to the amendment. All other members of Council shall have one (1) two (2) minute period to speak to the amendment. 3
C. ELECTED OFFICIALS' MATTERS: This is the time that elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes.
D. CITY ATTORNEY: E. The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion,
either written or oral, on the question of law. CITY CLERK: , , The City Clerk, or deSignated representative, shall attend all meetings of Council and shall keep the official minutes.
F. PARLIAMENTARIAN: 1. The Mayor Pro Tem shall also function as the Council Parliamentarian. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules.
TYPES OF MEETINGS A. BUSINESS MEETINGS: 1. The Council meets in the Municipal Building for BUSiness, Study, Adjourned, and Special Meetings, unless otherwise specified. 2. Council Business
Meetings are held the second (2nd) and fourth (4th) Monday of each month at 7:00 PM unless otherwise specified. 3. Study Sessions are the first (1st) and third (3rd) Monday of each month
at 6:30 p.m., unless otherwise specified. 4. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducteq. Consensus votes during
all Study Sessions are non-binding, and unless the issue is disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session.
4
B. SPECIAL MEETINGS AND EMERGENCY MEETINGS : Special Meetings are called by the City Clerk on written request. (Charter -Sec. 5.2) C. ADJOURNED MEETINGS: Any Meeting of the Council may
be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business Meeting. D. EXECUTIVE SESSIONS: 1. The Council may meet
in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter-Sec 5.7). 2. No notes may be taken during an Executive Session except by the City
Clerk and/or City Attorney. 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may
request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. E. INFORMAL MEETINGS: 1. Five (5) or more members of Council
may attend informal meetings held for the purpose of acquiring information and discussion topiCS provided that public notice of the meeting is posted in the location establishing for
posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the
bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk, at least 72 hours before the meeting . b)
The City Clerk is responsible for the posting of the Meeting. 2. Any THREE or FOUR Council Members may attend informal meetings held for the purpose of acquiring information and discussing
topiCS. SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE TAKEN. 5
3. Meetings involving no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule. 4. In no event, shall any vote
or other action or decision be taken. This Rule (E) (4) shall not apply to standing Council Committees. 5. All Meetings shall be open to members of the public and the press. F. ATTENDANCE
AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or
organizations, including, without limitations, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with
whom the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended
by three or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., CR.S. 3. Social gatherings, at which the discussion of public business is not the
central purpose, shall not be subject to any of the requirements of Rule F. CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES A. CHAIRMAN: 1. The Mayor shall preside over the meetings of the
Council. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside. B. MAYOR PRO TEM 1. At the first or second business meeting in November of each year, the Council shall nominate
by paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. 2. If presiding, the Mayor Pro Tem shall have the voting
privileges of a regular Council Member. 6
3. The Mayor Pro Tem's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings. The Mayor
Pro Tem shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council Members. 4. The Mayor Pro Tem shall arrange for,
and coordinate the orientation of all newly elected officials within two months after the election. C. PRESERVATION OF ORDER: The Chairman shall preserve order and decorum, prevent personal
attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the majority
opinion may be expressed and that the majority be allowed to rule. D. POINT OF ORDER: The Chairman shall determine all Points of Order, subject to the rights of any Council Member to
appeal to the Council. ORDER OF BUSINESS AND THE AGENDA A. ORDER OF BUSINESS The general rule rule as to the Order of Business in regular Council Business Meetings is stated thus: •
CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS,
ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • COMMITTEE REPORTS • CITY MANAGER'S MATTERS • CITY ATTORNEY'S MATTERS
• ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT 7
B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during
any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda".
3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00 p.m. on the THURSDAY prior to the Monday of Council Meetings. In the event
of a holiday, the material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda
Items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 p.m. on that day in order
to be included in the Council packet. 5. ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE INCLUDED
IN THE AGENDA. 6. If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to
the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 7. A. majority vote of City Council Members present may also
add or delete an item from the agenda at the beginning of the Council Meeting . In Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option
of introducing Agenda Items at a Council Meetings shall go to a representative of the Council District to which the Agenda Item pertains. Council Agenda items not specific to a Council
District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 8
C. AGENDA ITEMS Council Members may originate an agenda item with the approval of one other Council Member. Each Council Member shall be allowed to originate only two (2) items per month
to be added to the Agenda of regularly scheduled Council Business Meetings. 1. Standing Council committees may place items on Council Agendas for further action or discussion. 2. Motions
made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included
in the minutes . . , 3. City Council Meeting, either by Council Members or City Manager, these items can be requested for scheduling under the elected officials portion of the agenda.
4. City Manager -administrative and operational items. D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or
in opposition to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations,
if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any
time. E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed
ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. Therefore, public comment and staff presentations will occur only
during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second
Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and Procedure. 9
F. TIME OF ADJOURNMENT At 11:00 P.M., the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council
may take any or all of the following actions: 1. Acting by 3f4 majority vote, complete all or portions of the remaining Agenda. 2. Acting by a majority vote, schedule any unfinished
items for future regular Council Business Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. ORDINANCES, RESOLUTIONS, AND MOTIONS A. RECONSIDERATION
1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled
Council Business Meeting. A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration. 3. If not reconsidered
at that time, the issue cannot be placed on any agenda for six (6) months. 4. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 5. A COUNCIL
MEMBER WHO HAS BEEN ABSENT FROM A PRIOR MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA ITEM IN THE CITY CLERK'S OFFICE PRIOR
TO THE MOTION FOR RECONSIDERATION. B. CITY ATTORNEY TO APPROVE : All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney. 10
CITIZENS' RIGHTS A. CITIZENS' RIGHT TO SPEAK: 1. Any person may speak for a maximum of three (3) minutes on any item other than Agenda items. 2. Speakers must sign the Public Comment
Roster. 3. Citizens Right to Speak shall always precede all other official business except Call to Order, Pledge of Allegiance, Roll Call, Approval of Minutes and proclamations or Cere'\1pnies.
4. There shall be no restriction on the number of citizens who wish to speak. 5. The content of any speaker's comments cannot be censored. 6. Persons in attendance shall be allowed to
donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 7. The Chair will entertain no written comments unless a member
of the public is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present. B. CITIZENS'
RIGHT TO SPEAK ON AGENDA ITEMS: Any person desiring ttl speak on an agenda item must sign the appropriate roster in Council Chambers and confine their remarks to the relative item. There
shall be no time limit applied. C. WRITTEN COMMUNICATIONS: All written communications to Council must be signed. If not signed, the written communications may not be accepted. SUSPENSION
AND AMENDMENT OF THESE RULES A. SUSPENSION OF RULES: Any provision of these Rules not governed by City Charter or Code of Laws may be temporarily suspended by a three-quarters (3/4)
majority vote of Council Members present. I I
B. AMENDMENT OF RULES: These Rules may be amended, or new Rules adopted by a majority vote of Council Members, provided that the proposed amendments or new Rules shall have been submitted
in writing to Council at a preceding meeting. C. REVIEW: These Rules will be reviewed by Council within three months of an election or filling of a vacancy of Member(s) of Council, Council
may review these Rules at any time upon request of any member of Council. APPROPRIATIONS Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters,
or Elected Officials' Matters . Updated June, 2009 12