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Home My WebLink About08/08/2005 6:30 p.m. Pre-Meeting ;\ ~ : l'J ~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 8, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 25, 2005 PROCLAMATIONS AND CEREMONIES Proclamation for Wheat Ridge Carnation Festival - CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA ORDINANCES ON FIRST READING Item 1. COUNCIL BILL 13-2005 - AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT Item 2. COUNCIL BILL 14-2005 - AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THe VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 168 (B), CONCERNING PUBLICATION OF NOTICES OF SPECIAL MEETINGS AND ORDINANCES CITY COUNCIL AGENDA. August 8, 2005 Page -2- DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. RESOLUTION 41-2005 - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BElWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 1,2005 Item 4. ACCEPTANCE OF 2004 AUDIT CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ~Olft( ~@(ill~@O[S IO~(ill\J~~ CITY OF WHEAT RIDGE, COLORADO Julv 25. 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development. Alan White, Director of Public Works, Tim Paranto, Deputy City Manager, Patrick Goff; staff; and interested citizens APPROVAL OF MINUTES OF Julv 11. 2005 Motion by Mr DiTullio for the approval of the Minutes of July 11, 2005, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES The following awards were presented by Mayor Cerveny and Councilmembers - Cultural Commission Award to Noodles and Company, 3294 Youngfield Street. Re-investment Award to J & B Tax Accountants, Inc., 8151 W 44th Avenue Small Business of the Year Award to Drum City,Guitarland, Inc , W 44th Avenue Business of the Year Award to PG Construction Services. Inc., 7114 West 44th Avenue City Council Community Partnership Award to ADP/SIS, 4720 and 4725 Independence Street. Mayor Cerveny called for a 15 Minute Recess for Dessert Reception at 7 30 P m Meeting resumed at 7 50 P m CITIZENS' RIGHT TO SPEAK Janet Kissell, 4115 Upham Street, spoke regarding the City Code as it pertains to trash dumpsters She related her difficulties in keeping a code compliant dumpster to accommodate her large property and asked what could be done about it. APPROVAL OF AGENDA Motion by Mr DiTullio to hear Items 4 and 5 after Item 1, seconded by Mr Schulz; failed 5-3 with Councilmembers Schulz, Stites and DiTullio voting yes CITY COUNCIL MINUTES July 25, 2005 Page ,2, Item 1. Consent Aqenda: A. Award ITB-05-023 Kipling Street Pedestrian Project in an amount not to exceed $179,737 03 B Approval of participation in the XCEL Energy Quality of Services Plan proceedings at the Public Utilities Commission C RESOLUTION 38-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $15,981 70, ALONG WITH AWARDING ITB-05-17 ESTES,CARR MAJOR STREET IMPROVEMENT PROJECT, PHASE II, IN AN AMOUNT NOT TO EXCEED $765,981 70 D RESOLUTION 39,2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $21,000 TOWARDS THE PURCHASE OF FOUR POLICE VEHICLES, ALONG WITH APPROVING THE PURCHASE OF FOUR FULLY EQUIPPED POLICE VEHICLES IN AN AMOUNT NOT TO EXCEED $129,000 Consent Agenda was introduced and read by Mrs Sang Motion by Mrs Sang for approval of the Consent Agenda, seconded by Mr Gokey; carried 8-0 - PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 11,2005 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A ZONE CHANGE FROM A-1 , AGRICULTURE-ONE AND C-1, COMMERCIAL-ONE TO PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 4900 AND 4990 PARFET STREET (Case No WZ-05-05) (Michael G Pharo Associates for Bear Land (Holdings) Mayor Cerveny opened the public hearing Council Bill 11-2005 was introduced on second reading by Mr Gokey Deputy City Clerk Christa Jones read the executive summary and assigned Ordinance No 1349 Meredith Reckert, Community Development Department, was sworn in by the Mayor and presented the staff report. She entered into the record the Comprehensive Plan, the Zoning Ordinance, Case file and packet materials and contents of the digital presentation She also distributed a letter from the Jefferson Economic Council in support of this Ordinance CITY COUNCIL MINUTES July 25, 2005 Page ,3, The following speakers were sworn in by the Mayor' Dennis Polk, legal Counsel for the applicant, gave background on this proposed development. Michael Pharo of Michael G Pharo Associates, Inc , Land Planning and Landscape Architecture, described how the parcel would contain a parking lot. and a Hummer facility This will resolve the parking issue and drainage concerns will be addressed Wendel Ayers explained the drainage Bruce McLennan, Architect, showed drawings of the proposed Hummer facility C.B. Stiesmeyer, homeowner to the north of the property, expressed his concerns regarding speeding problems on Parfet and possible problems with lighting He submitted a letter outlining his problems for the record Mayor called a recess at 9 10 p.m Meeting reconvened at 9.20 Mayor closed the public hearing - Motion by Mr Gokey to adopt Council Bill 11,2005 (Ordinance No 1349) with the following findings - 1 The majority of the property under consideration was zoned from A-1 to C,1 in 1986 2 The design standards established for the PCD are generally consistent with the C-1 zone district design standards 3 The proposed document meets all requirements for a Planned Commercial Development Outline Development Plan 4 There has been a change in character in the area as evidenced by a new commercial development occurring to the west of the property in the past seven years, an approved rezoning to PID to the north of the property in 2002, and construction of a major commercial center at 50th & Kipling 5 Although not in conformance with the Comprehensive Plan designation, the designation of Agricultural Estate Residential did not acknowledge the presence of commercial zoning on the property Large lot residential development is inconsistent with the trend of commercial and industrial development in the area 6 A majority of the property is already zoned commercially The proposed zone change is compatible with the surrounding area and there will be minimal adverse impacts 7 There will be economic benefits to the community derived from the zone change 8 Adequate infrastructure is available to serve the proposed development. 9 The change of zone will not adversely affect the public health, safety or welfare 10 The change of zone will not create an isolated zone district. CITY COUNCIL MINUTES July 25, 2005 Page -4- With the following condition Employee parking for the Medved Autoplex (all three parcels) shall be accommodated on site There shall be no exceptions Seconded by Mr DiTullio. carried 8-0 Item 3. Public Meeting on 2006 Budget. Mr Schulz introduced Item 3 and read the executive summary Van C. Wedgewood, representing the Applewood Business Association. asked that Council take a close and careful look at applying as much of the Capital Improvement Budget to alleviate the potential problems regarding the street improvements necessary for the Cabela's development. DECISIONS, RESOLUTIONS, AND MOTIONS Motion by Mr Gokey to suspend Council Rules during the testimony for Items 4 and 5. seconded by Mr Schulz; carried 8,0 Item 4. RESOLUTION 36-2005 - A RESOLUTION ACCEPTING THE NEIGHBORHOOD REVITALIZATION STRATEGY REPORT. REPOSITIONING WHEAT RIDGE. AND ADOPTING ITS FINDINGS AND RECOMMENDATIONS AS GUIDING PRINCIPLES FOR REVITALIZING THE CITY Resolution 36-2005 was introduced by Mrs Rotola, executive summary read by the Deputy City Clerk. Item 5. RESOLUTION 37-2005 - A RESOLUTION AUTHORIZING THE FORMATION OF WHEAT RIDGE 2020, A NON-PROFIT CORPORATION. FOR THE PURPOSE OF ASSISTING THE CITY IN BRINGING ABOUT COMMUNITY REVITALIZATION AND AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $415,000 TO BEGIN BUILDING THE RECOMMENDED ORGANIZATION. WR2020. WHICH IN TURN WILL SET DIRECTION FOR. AND IMPLEMENT THE NINE STRATEGIES CONTAINED WITHIN THE NRS REPOSITIONING WHEAT RIDGE REPORT Resolution 37,2005 was introduced by Mrs Rotola. who also read the executive summary - CITY COUNCIL MINUTES July 25, 2005 Page -5- Barbara Delgadillo introduced Jeff Winston and his team members Jeff Winston presented the report on Repositioning Wheat Ridge Neighborhood Revitalization Strategy The following citizens were present to testify' Tom Abbott, 10780 W 35th Avenue, spoke in support of the plan and WR2020 He suggested that at least 100 citizens of the City be involved to get this accomplished He commended Council for commissioning this study and for now working cooperatively to take advantage of its insight and guidance Return Wheat Ridge to its former status as a premium small city Cheryl Brungardt, 5621 West 36th Place, thinks this 2020 thing is a great idea Money spent on this is money well spent. She urged Council to vote for it. Deanna Chiddix, 6729 W 44th Avenue, business owner, has seen Wheat Ride deteriorate, asked that Council move forward with this plan John Berquist, 4052 Lee Circle, has lived in Wheat Ridge for 7 years Strongly urged Council to adopt Items 4 and 5 Van Wedgwood, 3251 Tabor Court, encouraged in the strongest terms to adopt the principles that are outlined in the strategy report. Move forward with WR2020 and dig into the hard work of implementing the nine strategies Together we can make Wheat Ridge a much better place to work and play Janet Bell, 10095 W 34th Ave, understands that the team has done a good job of analyzing and statistics Strongly urged first step to take is to be out in the community and work with people on a block by block basis and develop human factor Reach out to people that have not been involved It is the human enthusiasm that makes the community vital Essential to the community being whole is its people Door to door face to face shows you care about the people Louise Turner, 11256 W 38th Ave, spoke in opposition Get rid of Urban Renewal and remove blight designation the previous Council insisted on having put on every one of our major commercial streets This reduces property values and makes it hard for people to sell their homes Analyze every costly program you have already done, every development, every infrastructure, all of the streetscape, and find out if money spent on these has accomplished what you intended it to accomplish Actively protect what is left of our valuable low density land Most urgently, stop the barrage of negative remarks about our city which was set in motion by this series of consultants and this proposition. CITY COUNCIL MINUTES July 25, 2005 Page -6, Jill Mustoffa, 11252 W 38th Ave, moved to Wheat Ridge because she wanted land, she wanted horses and goats as neighbors She is against the idea of "Highland Ranch" Wheat Ridge She has encouraged other people to move here because it is a phenomenal area. She loves the old houses and people can afford to move in Don't destroy all of the open spaces we have Stephanie Cooper, 3385 Flower Street, owns a very nice house with swimming pool and lake in back yard She moved here because there is Open Space, because there are old people here, they have a community, they moved here and stayed It can't be that bad if people lived here their whole lives and haven't left. She plans on living here her whole life If Real Estate is so bad, why did her house go up $200,000 within a year Don't turn Wheat Ridge into Highlands Ranch It is a different place Paul Lindgren, 6750 W 29th Ave, moved here to get out of Capital Hill and Denver and wanted to be close to downtown, yet had a nice open feeling He is single, owns his own house, but is definitely not in the desired income group Please do not make Wheat Ridge unaffordable for him, he is not upwardly mobile He loves it here Upscale does not necessarily mean good Pat Harrison, Principal of Wheat Ridge High School, explained, as communities go, schools go When communities drops down, schools drop down as well The population of the schools begins to reflect the community population in terms of transient mobility within communities Wheat Ridge High School has a 20% mobility Don't forget the schools and take them into consideration when putting housing around the schools He encouraged Council to strongly consider this 2020 proposal We want Wheat Ridge to be a destination Kim Calomino, 4070 Dover St., stated we have fallen into disrepair and we can and should fix that. Wheat Ridge has the potential to be a wonderfully livable and welcoming and thriving home town to a diverse citizenry in diverse neighborhoods Wheat Ridge has the potential to enjoy a robust economy driven by a healthy mix of retail. commercial and light industrial business This won't happen by itself and we are pretty far from that vision right now She commended Council for their vision and courage to take the steps toward realizing the potential for our home town She is impressed by the research and the recommendations that have come forward from the consulting team She asked that Council adopt all their recommendations and WR2020 and appropriately fund it. Motion by Mrs Sang to suspend the Council Rules and go past 11 00 pm, seconded by Mr Schulz; carried 7,1 with Mr Gokey voting no Motion by Mrs Rotola to adopt Resolution 36-2005 accepting the Neighborhood Revitalization Strategy report, Repositioning Wheat Ridge, and adopting its findings and recommendations as guiding principles for subsequent city-regulated development in Wheat Ridge, seconded by Mrs Sang, carried 8,0 CITY COUNCIL MINUTES July 25, 2005 Page -7, Motion by Mrs. Rotola to adopt Resolution 37-2005 I further move to award a contract to Winston Associates to begin the process of creating WR2020 and the regulatory framework necessary for implementation of the NRS strategies and recommendations as set forth in the attached proposal, seconded by Mrs Sang Motion by Mr Gokey for an amendment that if this Resolution passes, it go to the first available study session for group discussion, seconded by Mrs Adams, carried 8-0 Motion as amended carried 8-0 Meeting adjourned at 11.20 p m ~\,,~':"-~\( '\~" Christa Jones, Deputy City Clerk , APPROVED BY CITY dOUNCIL ON AUGUST 8, 2005 BY A VOTE OF to Lena Rotola, Council President - The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 8, 2005 TITLE: COUNCIL BILL 13-2005 - AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS i:8J ORDINANCES FOR 1 ST READING (Date: August 8, 2005) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes i:8J No City~ City Attorney - EXECUTIVE SUMMARY' The Denver Water Department has entered into an agreement with the Valley Water District to construct a major transmission main extending from 26th and Kipling to approximately 43rd and Miller Court. This segment crosses a portion of the Wheat Ridge Greenbelt, owned by the City The Denver Water Department has asked that the City grant an easement for construction of and access to this transmission line. The ordinance approves an easement agreement, which reflects requirements imposed by the City of Wheat Ridge. STATEMENT OF THE ISSUES: The proposed major transmiSSIOn main is needed by Denver to satisfy ItS supply obligations to the Valley Water District. The Valley Water District provides water to portions of the City of Wheat Ridge. In the event Denver were not able to obtam the easement through this easement agreement, it IS highly likely that Denver would condemn the easement. Staff has met with representatives from Denver. The main line itself and the proposed easement have been redesigned to accommodate the needs of Wheat Ridge as they were Identified during in- field meetings. The alignment of the easement IS chosen to minimize damage to vegetatIOn and wildlife in the greenbelt. Nevertheless, some reSidual impact will remain, and it will be some years before trees and brush cover the easement alignment. COMMISSION/BOARD RECOMMENDATION: N/A AL TERNA TIVES CONSIDERED: Do not approve the easement agreement, force Denver to bring a condemnation actIOn. FINANCIAL IMPACT: The easement area has been appraised at $31,600 This amount will be paid to the City of Wheat Ridge (25%) and Jefferson County Open Space (75%) to reflect the original purchase agreement. This amount will be paid by Denver Water as compensation for the grant of the easement. RECOMMENDED MOTION: "I move to approve Council Bill 13-2005, an Ordinance approvmg the grant of an easement through Open Space to Denver Water Department, on first reading, order it published, public hearIng set for Monday, August 22,2005 at 7:00 p.m., in City Council Chambers, and that it take effect 15 days after final publication." or, "I move to table mdefinitely Council Bill 13-2005, an Ordmance approvmg the grant of an easement through Open Space to Denver Water Department for the following reason(s) - " Report Prepared by' Gerald Dahl, City Attorney (303) 493-6670 Joyce Manwarmg, Director of Parks and Recreation Reviewed by' Randy Young, City Manager Attachments: 1 CounCil Bill 13,2005 (with attached Easement Agreement as Exhibit A) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 13 Ordinance No. Series of 2005 TITLE: AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT WHEREAS, the City is the fee title owner of certain real property encompassing the drainage of Clear Creek as it traverses the City (the "Property"), and WHEREAS, the City and County of Denver, acting through its Board of Water Commissioners, has requested that the City grant an easement for water pipeline and access purposes across a certain portion of the Property; and WHEREAS, the City Council finds that adequate limitations are imposed upon the easement sufficient to protect the City's interests, and - WHEREAS, Section 63 of the Wheat Ridge home rule charter permits the Council to approve the grant of the easement by ordinance adopted by a three-fourths majority of the entire Council NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. The Easement Agreement attached hereto as Exhibit A is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 3. Severability: ConflictinQ Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 4. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter WRCA 020 ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2005, at 7 00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2005 SIGNED by the Mayor on this day of ,2005 Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication Second Publication Wheat Ridge Transcript Effective Date WRCA 020 - EXHIBIT A Easement Agreement WRCA 020 9ENVER "VATER 1 bOO We~t 12th Avenue. Denver, Colorado 80204-3412 Phone 301.628.6000' Fax No. 303-628-61 qq July 22,2005 Ms. Joyce Manwaring City of Wheat Ridge Parks and Recreation 4005 Kipling Street Wheat Ridge, Colorado 80033 Dear Ms. Manwaring' Enclosed are two originals of an Easement Agreement by which City of Wheat Ridge, a municipal corporation, has granted to Denver Water, a Conduit Easement for a waterline located approximately at Kipling Street and 32nd Avenue to Moore Street and 43rd Avenue, and serving the Conduit Number 159 Project, situated in the SE'I.. of Sec. 21, T3S, R69W of the 6th P.M., County of Jefferson, State of Colorado. Please see that the originals are fully executed on the appropriate lines by the authorized officer(s) of City of Wheat Ridge, a municipal corporation, and return to me. No changes are allowed to be made to these Agreements except in the title (signature) block. If any changes need to be made to the title (signature) block, strike out and initial. Do not use "white out" anywhere on these documents. After the originals have been completely executed and _ recorded by Denver Water, one original will then be returned to you for your c1ient(s) files. Please be advised that Denver Water's Easement Agreements are printed on watermark paper and cannot be copied or reproduced This letter must accompany these agreements at all times through the signature process. Also enclosed is a Taxpayer Identification Number form. Please fill out and also return to me. If you have any questions, you may call me at 303-628-6065 Sincerely, Geri Barela Property Administrator cc: Jim Light aas Enclosures (2 originals) N:\WORD\TRANSl TR\WHEAT -RIDGE-CITY -OF _CONDUIT -NUMBLR-159 11853::~~EAS-S1G-l TR-2 CONSERVE EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made between CITY OF WHEAT RIDGE, a municipal corporation, heremafter called "Grantor", (whether grammatically singular or plural) and the CITY AND COUNTY OF DENVER, actmg by and through its BOARD OF WATER COMMISSIONERS, hereinafter called "Board". WITNESSETH: For and m consideration of the sum of THIRTY -ONE THOUSAND SIX HUNDRED AND NOll 00 DOLLARS ($31,600.00) and other good and valuable consideration to the Grantor in hand paid by the Board, the receipt whereof is hereby acknowledged, the Grantor hereby grants to the Board, its successors and assigns, the sole, exclusive and permanent nght to enter, re,enter, occupy and use the described property to construct, maintam, repair, replace, remove, enlarge and operate one or more water pipelmes and all underground and surface appurtenances thereto, mcludmg electnc or other related control systems, underground cables, wires and connections and surface appurtenances. By way of example and not by way of limitation, the parties mtend to mclude Within the terms "pipelines" and "appurtenances" the followmg: mams and condUits, valves, vaults, manholes, control systems, ventilators, and the like, m, through, over and across the following described parcel of land situate, lymg and bemg in the County of and State of Colorado, to-WIt: (For Legal Description, please see Exhibit "A", attached hereto and made a part hereof) IT IS HEREBY MUTUALLY covenanted and agreed by and between the parties hereto as follows: 1 The Board shall have and exercise the right of ingress and egress m, to, over, through and across the above described property for any purpose needful for the full enjoyment of any other nght of occupancy for herem. 2. The Grantor shall not construct or place any structure or bmlding, fence, retammg wall, street light, power pole, yard light, maIl box, Sign or trash receptacle, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above described easement. Any structure or buildmg, fence, street light, power pole, yard light, mail box or SIgn, temporary or permanent, or shrub, tree, woody plant or nursery stock, of any kmd situated on the above described easement as of thc date of this Agreement, may be removed by the Board without liability for damages arismg therefrom. 3 Fencmg eXlstmg at the tIme of this Agreement which IS disturbed or destroyed by the Board or lts agents m constructing its facllItles shall be replaced by the Board to its onginal conditIOn as nearly as reasonable; however, the Grantor shall not construct new fencing across or Within the easement. 4. The Grantor grants to the Board the nght to occupy the easement in order to protect its mterests m and right of occupancy of the easement at all times and particularly during times of constructIOn, repair, removal, replacement or enlargement of water facilities. 5. The Board shall have and exercise the nght of subjacent and lateral support to whatever extent IS necessary or deslIable for the full, complete and unmolested enjoyment of the rights described herein. It is speCifically agreed between the partles that the Grantor shall take no actIOn which would Impair the earth cover over, or the lateral or subjacent support for any water pipeline or lines and appurtenances withm the easement. The Board's Engineering Standards reqUIre no less than four and one,half (4Yz) feet and no more than ten (10) feet of earth cover, measured vertically from the top of any pipelme or lines. DeVIation from thIS reqUirement Will be permitted only upon specific prior, written permiSSIOn from the Board. If such modificatIOn undertaken by the Grantor reqUires alteratIOns to any pipelme facility, such alteratIOn shall be at the Grantor's expense. - 6 After construction of any water pIpelme or lines the general surface of the ground, except as necessarily modified to accommodate appurtenances, shall be restored, as nearly as reasonable, to the grade and condition Immediately pnor to construction. Topsoil shall be replaced m cultivated and agncultural areas, and any excess earth resulting from installatIOns by the Board shall be removed from the easement at the sole expense of the Board. The Board agrees that for a penod of one-year followmg constructIOn which mvolves disturbance of the surface of the ground, the Board will mamtam the surface elevatIOn and quality of the soil by correctmg any settlmg or subSiding that may occur as a result ofthe work done by the Board. 7. The Grantor has retained the nght to the undlsturbed use and occupancy of the subject property insofar as such use and occupancy IS consistent With and does not Impair any grant herem contamed and except as herein otherwise prOVided. Without lImltmg the generality of the foregomg sentence, the Grantor and the Board agree that the Grantor may use the subject property for openspace, park, and pedestnan trail purposes, conSIstent with use of contIguous property owned by Grantor and devoted to these purposes 8 It is mutually agreed by and between the parties that the Board may commence the exercise of ItS nghts hereunder forthWith or It may postpone the exercise of all or some part of ItS nghts hereunder to some mdetermmate future time The Board IS acqumng the rights m the subject property m order to msure to the Board a dommant easement for the exercise of the Board's functIOns and that the exercise of any nghts m the subject property other than those retamed by the Grantor shall be wlthm the discretion of the Board. 9 If the Board abandons use and operatIOn of the pipelme facilities laid pursuant to thiS easement, such abandonment shall not constitute abandonment of ItS nghts under this easement. 2 10. The Grantor warrants that Grantor has full nght and lawful authonty to make the grant contamed herem, and promises and agrees to defend the Board m the exercise of Its nghts hereunder against any defect in Grantor's title to the land mvolved or Grantor's right to make the grant contamed herem. 11 Each and everyone of the benefits and burdens of thiS Agreement shall inure to and be bmdmg upon the respective legal representatives, heIrS, executors, administrators, successors and assigns of the parties. 12. For the resolution of any dispute arising from thiS Agreement, venue shall be in the courts of the City and County of Denver, State of Colorado 13. Unless speCial proviSIOns are listed below and/or attached, the above constitutes the whole Agreement between the parties and no additional or different oral representation, promise or agreement shall be bindmg on any of the parties with respect to the subject matter of thiS mstrument. To the extent that any special proVISIOns added are in conflict with any other provisions, the special provisions shall control and supersede any other terms or proVisions. SPECIAL PROVISIONS' NotWithstanding the provisions of paragraph 8, the Board acknowledges the existence of a non,exc1usive easement granted to the Fruitdale SamtatlOn District for water and/or sanitary sewer lines located within the Board's easement at the northernmost portion of the easement and recorded under ReceptIOn Number 79105298 on November 19,1979 in the Clerk and Recorder's Office of the County of Jefferson. All other proVISIOns and terms of thiS agreement shall remain m full force and effect. 3 THIS EASEMENT AGREEMENT shall become effective on the date It IS Signed by the appropnate representative of the Board. ATTEST. City of Wheat Ridge, a mumclpa] corporatIOn Pamela Anderson, City Clerk Gretchen Cerveny, Mayor APPROVED AS TO FORM: Gerald E. Dahl, City Attorney STATE OF COLORADO ) ) 55. COUNTY OF JEFFERSON ) The foregomg instrument was acknowledged before me this day of , 2005, by Gretchen Cerveny as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, a municipal corporation. Witness my hand and official seal. My commiSSIOn expires. - {S E A L} Notary Public ATTESTED AND APPROVED: CITY AND COUNTY OF DENVER, actmg by and through ItS BOARD OF WATER COMMISSIONERS By: H.J. Barry, Manager Jon L. DICbel, Director of Engmeenng Date: {S E A L} 'TrY _Ol:_.CONDUIT -NUMBER- \ 5q _ \ \853-3_ COND-EAS 4 EXHIBIT "A" A parcel of land situated in the northwest quarter of the southeast quarter (NW1JI SE1JI) of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, Colorado more particularly described as follows: BEGINNING at a point on the west line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 21, from which the northwest - southeast one sixty fourth corner of said Section 21 bears North 00015'03" West 24.09 feet; thence South 00015'03" East 53.89 feet; thence North 68020'12" West 414.03 feet; thence North 03031'01" West 285.78 feet; thence North 86016'10" East 50.00 feet; thence South 03031 '01" East 254.23 feet; thence South 68020'12" East 362.17 feet to the POINT OF BEGINNING as shown on Denver Water CAD drawing 11853-3_pmgt a copy of which is attached hereto and made a part hereof. This parcel contains 0.755 acre more or less. -- N:\WORD\LEGALS\2004\ 11 853-3,pmgt.doc Name and Address of Person Creating Newly Created Legal Description (938-35.106.5,C.R.S.) Denver Water 1600 West 12th Avenue Denver, Colorado 80204 SE 1 4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P M ---- JEFFERSON COUNTY ---- ~ Or .6 No 22-01-75 ~ -- --- -- --- CLEAR CREEK P.FIOPS.Fl1Y OP Cl1Y Of! WHSA 1 .FIlOSS NE 1/4 NW 1/4 SE 1/4 SEC 21 N C-N-SE x.. Cor Sec 21 Lane Engineers 1~. Alum. Cap & Rebar N89'29'40"E ~ N u;. SE 1/4 NW 1/-; SE 1/4 ~ 21- .5 o ... . .x iii w ............. NOO'1 5'03.~ ~ "'............. 24.09' ?"'!~............. ttlr"l rttl ............. g............. I~---........ ............. V1 ............. -~-"-- ............. ............. .............~" :\ ---- ~ \ \ SE 1/4 NW 1/4 \ \ \ \ SE 1/4 SEC 21 BASIS OF BEARING. Bearings are based on the north line of the southeast quarter of the northwest quarter of the southeast quarter of Section 21 being N89'29' 40.E. 100 0 ...,..-~--- 100 200 , SCALE IN FEET PARCEL CONTAINS 0.755 ACRE:!: LEGEND ~ EASEMENT ACQUIRED DENVER ~VATER CONDUIT NUMBER 159 EASEMENT ACQUIRED FROM CITY OF WHEAT RIDGE JE. FEBRUARY 11 2005 SCALE: 1. = lOa' CAD 11853-3YMGT o. w.o. PROP ADMK SID. 033001 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made between CITY OF WHEAT RIDGE, a municipal corporation, herem after called "Grantor", (whether grammatically smgular or plural) and the CITY AND COUNTY OF DENVER, actmg by and through its BOARD OF WATER COMMISSIONERS, herem after called "Board". WITNESSETH: For and m consideratIon of the sum of THIRTY-ONE THOUSAND SIX HUNDRED AND NOilOO DOLLARS ($31,600.00) and other good and valuable consideratIOn to the Grantor in hand paid by the Board, the receipt whereof is hereby acknowledged, the Grantor hereby grants to the Board, Its successors and aSSigns, the sole, exclusive and permanent nght to enter, re-enter, occupy and use the described property to construct, mamtam, repair, replace, remove, enlarge and operate one or more water pipelines and all underground and surface appurtenances thereto, including electnc or other related control systems, underground cables, wires and connections and surface appurtenances. By way of example and not by way of limitatIon, the parties intend to mclude within the terms "pipelines" and "appurtenances" the following: mams and condUits, valves, vaults, manholes, control systems, ventIlators, and the like, m, through, over and across the following described parcel of land Situate, lying and being m the County of and State of Colorado, to'Wlt: -- (For Legal Description, please see Exhibit "A", attached hereto and made a part hereof) IT IS HEREBY MUTUALLY covenanted and agreed by and between the parties hereto as follows. 1. The Board shall have and exercise the right of mgress and egress in, to, over, through and across the above described property for any purpose needful for the full enjoyment of any other nght of occupancy for herein. 2. The Grantor shall not construct or place any structure or buildmg, fence, retaillJng wall, street light, power pole, yard light, mail box, sign or trash receptacle, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above described easement. Any structure or bUlldmg, fence, street light, power pole, yard light, mail box or Sign, temporary or permanent, or shrub, tree, woody plant or nursery stock, of any kmd situated on the above described easement as of the date of this Agreement, may be removed by the Board Without liability for damages arismg therefrom. - 3 Fencmg eXIstmg at the tIme of thIS Agreement WhICh IS dIsturbed or destroyed by the Board or its agents m constructing its faCIlItIes shall be replaced by the Board to its ongmal condItIon as nearly as reasonable; however, the Grantor shall not construct new fencmg across or wIthm the easement. 4. The Grantor grants to the Board the nght to occupy the easement m order to protect ItS mterests m and nght of occupancy of the easement at all tImes and partIcularly during times of construction, repaIr, removal, replacement or enlargement of water facilItIes. 5. The Board shall have and exercise the nght of subjacent and lateral support to whatever extent is necessary or desIrable for the full, complete and unmolested enjoyment of the nghts described herem. It is specifically agreed between the partIes that the Grantor shall take no action whIch would ImpaIr the earth cover over, or the lateral or subjacent support for any water pIpelme or lInes and appurtenances wIthm the easement. The Board's Engineering Standards reqUIre no less than four and one-half (4Yz) feet and no more than ten (10) feet of earth cover, measured vertIcally from the top of any pIpelme or lInes. Deviation from this reqUIrement WIll be permitted only upon speCIfic pnor, written permIssIOn from the Board. If such modification undertaken by the Grantor reqUIres alteratIons to any pIpeline facility, such alteratIon shall be at the Grantor's expense. - 6 After construction of any water pIpelme or lmes the general surface of the ground, except as necessarily modIfied to accommodate appurtenances, shall be restored, as nearly as reasonable, to the grade and condItIon ImmedIately prior to construction. Topsoil shall be replaced m cultivated and agncultural areas, and any excess earth resultmg from installatIOns by the Board shall be removed from the easement at the sole expense of the Board. The Board agrees that for a penod of one-year followmg constructIOn whIch mvolves disturbance of the surface of the ground, the Board will mamtain the surface elevatIon and qualIty of the soil by correcting any settlmg or subsIdmg that may occur as a result of the work done by the Board. 7. The Grantor has retamed the nght to the undisturbed use and occupancy of the subject property msofar as such use and occupancy IS conSIstent WIth and does not ImpaIr any grant herem contamed and except as herein otherwIse prOVIded. Without lImIting the generality of the foregomg sentence, the Grantor and the Board agree that the Grantor may use the subject property for openspace, park, and pedestnan traIl purposes, conSIstent WIth use of contIguous property owned by Grantor and devoted to these purposes 8. It IS mutually agreed by and between the partIes that the Board may commence the exerCIse of ItS nghts hereunder forthWIth or It may postpone the exerCIse of all or some part of ItS nghts hereunder to some mdetermmate future tIme. The Board IS acquinng the nghts in the subject property m order to msure to the Board a dominant easement for the exerCIse of the Board's functIOns and that the exerCIse of any nghts m the subject property other than those retamed by the Grantor shall be wIthm the dIscretIon of the Board. 9 If the Board abandons use and operatIOn of the pIpelme facilIties laId pursuant to this easement, such abandonment shall not constItute abandonment of its rights under this easement. 2 10. The Grantor warrants that Grantor has full right and lawful authority to make the grant contained herein, and promIses and agrees to defend the Board III the exerCIse of its rights hereunder agamst any defect m Grantor's tItle to the land involved or Grantor's right to make the grant con tamed herein. 11. Each and everyone of the benefits and burdens of this Agreement shall inure to and be bindmg upon the respective legal representatIves, heIrs, executors, admmistrators, successors and assigns of the partIes. 12. For the resolutIon of any dispute arising from thIS Agreement, venue shall be In the courts of the City and County of Denver, State of Colorado. 13. Unless special proVIsions are lIsted below and/or attached, the above constitutes the whole Agreement between the parties and no additIOnal or dIfferent oral representatIon, promise or agreement shall be bindmg on any of the parties WIth respect to the subject matter of thIS Instrument. To the extent that any special proVISIons added are in conflict with any other provisions, the special provisIOns shall control and supersede any other terms or provisions. SPECIAL PROVISIONS: NotwIthstandmg the proVIsions of paragraph 8, the Board acknowledges the existence of a non-exclusive easement granted to the Fruitdale SanitatIOn DIstnct for water and/or samtary sewer lines located within the Board's easement at the northernmost portion of the easement and recorded under Reception Number 79105298 on November 19, 1979 in the Clerk and Recorder's Office of the County of Jefferson. All other proVIsions and terms of thIS agreement shall remain in full force and effect. -- 3 THIS EASEMENT AGREEMENT shall become effectIve on the date It IS sIgned by the appropnate representatIve of the Board. ATTEST. CIty of Wheat RIdge, a mumCIpal corporation Gretchen Cerveny, Mayor Pamela Anderson, City Clerk APPROVED AS TO FORM. Gerald E. Dahl, City Attorney STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregomg instrument was acknowledged before me this day of , 2005, by Gretchen Cerveny as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, a municipal corporation. Witness my hand and offiCIal seal. My commIssion expIres' - {S E A L} Notary PublIc ATTESTED AND APPROVED' CITY AND COUNTY OF DENVER, actmg by and through its BOARD OF WATER COMMISSIONERS By. H.J Barry, Manager Jon L. DIebel, DIrector of Engmeenng Date" {S E A L} Y-OF_CONDUIT NUMBER-15CJ_11853-3_COND-EAS 4 EXHIBIT "A" A parcel of land situated in the northwest quarter of the southeast quarter (NW1A SE1A) of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, Colorado more particularly described as follows: BEGINNING at a point on the west line of the southeast quarter of the northwest quarter of the southeast quarter of said Section 21, from which the northwest - southeast one sixty fourth corner of said Section 21 bears North 00015'03" West 24.09 feet; thence South 00015'03" East 53.89 feet; thence North 68020'12" West 414.03 feet; thence North 03031 '01" West 285.78 feet; thence North 86016'10" East 50.00 feet; thence South 03031 '01" East 254.23 feet; thence South 68020'12" East 362.17 feet to the POINT OF BEGINNING as shown on Denver Water CAD drawing 11853-3_pmgt a copy of which is attached hereto and made a part hereof. This parcel contains 0.755 acre more or less. - N:\WORD\LEGALS\2004\ 11853-3_pmgt.doc Name and Address of Person Creating Newly Created Legal Description (938-35-106.5.C.R.S.) Denver Water 1600 West 12th Avenue Denver. Colorado 80204 SE 1 4 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST 6th P M ---- JEFFERSON COUNTY ---- --- --- Dr 66 No 22.01-75 --- CLEAR CREEK PRtlPSR1Y tip ellY tiP WHSA 1 moss NE 1/4 NW 1/4 SE 1/4 SEC 21 N C-N-SE ~. Cor Sec 21 Lone Engineers 1~" Alum. Cap de Rebar 1V68~ ' 0,<" Iy 1-} 1.0;1" N89"29' 40"E ----;J'--'e N u;. SE I/~ NW 1/4 Si1/.# ~ 21- :5 g .. o '" jjj w ............. NOO"15'03"Wj :-, "'............. 24.09' J ?<<!~ ............. ~:ri ~ ............. g --........ '~............. --........ V1 ............. -;Cn::---'" --........ --........~" :\ '--~ \ \ SE 1/4 NW 1/4 \ \ \ \ SE 1/4 SEC 21 BASIS OF BEARING: Bearings are based on the north line of the southeast quarter of the northwest quarter of the southeast quarter of Section 21 being N89"29' 40"E. 100 0 'o.r_~-...- 100 200 , SCAlE IN FEET LEGEND lSSS3 EASEMENT ACQUIRED PARCEL CONTAINS 0.755 ACRE:f: DENVER \lVATER CONDUIT NUMBER 159 EASEMENT ACQUIRED FROM CITY OF WHEAT RIDGE JE: FEBRUARY 11 2005 SCALE: 1" = 100' CAO 11853-3J'MGT O.W_D. PfttP AOIr.I1M. $11). 03XI01 ITEM NO. ;1. REQUEST FOR CITY COUNCIL ACTION '~$~ ~~~ in COUNCIL MEETING DATE: August 8, 2005 TITLE: COUNCIL BILL 14-2005: AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16.8(b), CONCERNING PUBLICATION OF NOTICES OF SPECIAL MEETINGS AND ORDINANCES D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS IZJ ORDINANCES FOR I ST READING (Date: August 8, 2005) D ORDINANCES FOR 2ND READING Quasi-JudIcial: D Yes IZJ No - c;~~'1 City Attorney EXECUTIVE SUMMARY: This ordinance initiates the process to amend Sections 5.2 and 5 12 of the Charter to permit publication of notices of special meetings and ordinances in alternate formats, including the Internet. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Present Charter Section 5.2 (a) requires publication of a notice of special meeting of the Council in a newspaper of general circulation in the CIty at least 24 hours prior to the special meeting, Present Charter Section 5 12, concerning special meetmgs, requires that notice of a special meeting shall be WRCA 024 both posted in the office of the City Clerk and publIshed in a newspaper of general cIrculation in the City at least 24 hours prior to the meeting. Present Charter Section 5.12, governing the procedure for enactment and publication of ordinances, reqUIres that all publications of ordinances, either in full after approval on first readmg or by title only after approval on second reading, shall be made in a newspaper of general circulation in the City of Wheat Ridge. Neither the Colorado Revised Statutes nor the Wheat Ridge City Charter defines what constitutes a "newspaper of general circulation." However, C.R.S. ~ 24-70-104, governing legal publications provides that "no publication, no matter how frequently published, shall be considered a legal publication unless it has been admitted to the United States mails with periodical mailing privileges." The Wheat Ridge Transcript, the newspaper which the City commonly uses for publIcation of ordinances and notices of special meetings, as well as all notices required under the Code of Laws generally, is presently publIshed weekly and is admitted to the United States mails with periodical mailing privileges. However, we have been informed that the Transcript is considering making a change to allow the paper to be distributed as a free paper, and not mailed. The present circulation of the Wheat Ridge Transcript is to approximately 1,000 of the approximate 15,000 households within the City. These facts raise two potential problems which we believe should be addressed by amending the Charter: 1. Notices and ordinances published in the Wheat Ridge Transcript simply do not reach the majority, or even a substantial minority of the City population, thus defeating the intentIOn that the public be widely advised of actions taken by the City. 2. In the event the Wheat RIdge Transcript does choose to cease mailing its newspaper and SWItches to a free publication, it will likely no longer qualify as a newspaper of general circulation m the City, requiring the CIty to publIsh all of ItS notIces in the Rocky Mountain News or Denver Post. The publication rates for these newspapers are approximately four times higher than that of the Wheat Ridge Transcript, and it is questionable whether Wheat RIdge notices m one of the two Denver papers are actually capable of being read by Wheat Ridge residents with any degree of certainty - The change proposed would permit alternate formats for publication of ordmances and notices of special meetings, to include postmgs at locations approved by the Council, posting on the City's website, on the Internet or in alternate locations or formats determmed by the Council to satisfy the goal of fully advising the public. AL TERNA TIVES CONSIDERED: Do not adopt the ordmance. FINANCIAL IMPACT: Conservatively estimate a cost-savings of $40,000 a year if the City is required to publish text in full in the Rocky Mountain News or Denver Post. WRCA 024 RECOMMENDED MOTION: "I move to approve CouncIl BIll 14-2005: An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charter to the voters of the city pursuant to Charter Section 168(b), Concerning Publication of Notices of Special Meetings and Ordinances on first readmg, order it published, public hearmg set for Monday, August 22, 2005 at 7'00 p.m. m City Council Chambers, and that it take effect 15 days after final publication." or, "1 move to table indefinitely Council BIll 14-2005: An Ordinance submitting a proposed amendment to the Wheat Ridge Home Rule Charge to the voters of the city pursuant to Charter Section 16.8(b), Concerning Publication of Notices of Special Meetings and Ordinances for the following reason(s) " Report Prepared by: ReVIewed by' Gerald Dahl, City Attorney (303) 493-6670 Pam Anderson, City Clerk Randy Young, City Manager Attachments: 1. Memorandum from the City Clerk 2. Council Bill 14-2005 - WRCA 024 City of Wheat Ridge Office of the City Clerk Memorandum TO' Mayor & City CouncIl FROM. Pam Anderson, CIty Clerk DATE' August 2, 2005 SUBJECT: Recommendation for Council Bill 14-2005: AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16.8(b), CONCERNING PUBLICATION OF NOTICES OF SPECIAL MEETINGS AND ORDINANCES It is the recommendation of the Office of the CIty Clerk that an amendment to the Wheat RIdge Home Rule Charter concerning publication of notices be submitted to the voters of the City of Wheat Ridge in November The intent in the Charter section is to notifY the CItizenry m the most effective, efficient and comprehensive marmer. Due to changes in technologIes, consumer preference for information sources, and the busmess deCisions of the current publication in use, the current procedures and requirements restrict the ability to fulfill the intent of the Charter. - This amendment will allow the flexibility to expand the optIOns for notices of special meetmgs and ordinances. It will also allow for increased efficiency because the cost projections for publicatIOns as currently mandated will increase significantly due to changes in the local newspaper market. Ifthe aIllendment IS adopted by electIon, a significantly larger number of people will have access to the mformation at a reduced cost. pa:pa ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 14-2005 Ordinance No. Series of 2005 TITLE AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16 8(b), CONCERNING ALTERNATE METHODS OF PUBLICATION OF ORDINANCES AND NOTICES OF SPECIAL MEETINGS WHEREAS, Section 16 8(b) of the Charter permits the City Council to initiate charter amendments, and WHEREAS, the Council wishes to place before the voters at the November, 2005 general election a ballot measure to amend Charter Sections 5.2 (a) and 512(h) concerning publication of notices of special meetings and publications of ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS - Section 1 Pursuant to Charter Section 16 8(b), the following proposed amendments to the Wheat Ridge Home Rule Charter is hereby submitted to the voters of the City for their consideration at the general election to be held on November 1, 2005 Amend Sections 5.2(a) and 5.12(h) of the Charter as follows: Sec. 5.2 Special Meetings. (a) A special meeting may be called by the city clerk on the written request of the mayor or any two (2) members of the council provided that each member of the council is given written notice at least twenty-four (24) hours before the time set for such meeting Such notice may be either personally served or left at the usual place of abode of the members of the council Notice of such special meeting shall also be posted in the office of the city clerk and published in a ncwsp3por of gonoFaI circul3tion in the City of Who3t Ridge ANY MANNER PERMITTED FOR PUBLICATION OF ORDINANCES PURSUANT TO SECTION 5 12(h) OF THE CHARTER at least twenty-four (24) hours prior to such special session WRCA 026 ATTACHMENT 2 Sec. 5.12 Procedure. (h) Ordin~moes ch311 be publishod THE REQUIREMENTS FOR PUBLICATION OF ORDINANCES CONTAINED HEREIN MAY BE SATISFIED BY PUBLICATION in a newspaper of general circulation in the city Of Wheat Ridge BY POSTING A COpy THEREOF AT THE LOCATION OR LOCATIONS DESIGNATED BY RESOLUTION OF THE COUNCIL, BY POSTING ON THE CITY'S WEBSITE, BY POSTING ON THE INTERNET, OR IN ANY OTHER MANNER DETERMINED BY THE COUNCIL TO ADEQUATELY ADVISE THE PUBLIC Section 2. Ballot Question The ballot question for the proposed Charter Amendment shall read as follows IN ORDER TO MORE FULLY INFORM THE PUBLIC, SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED TO PROVIDE FOR ALTERNATE METHODS FOR PUBLICATION OF ORDINANCES AND NOTICES OF SPECIAL MEETINGS? INCLUDING, BUT NOT LIMITED TO · Publication in a newspaper of general circulation · Posting on the City of Wheat Ridge web-site . Posting on the internet · Posting at a location designated by resolution of City Council Section 3 Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained Section 4 Severability If any clause, sentence, paragraph, or part of this Ordinance or application thereof to any person or circumstances shall for any reason be judged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances Section 5 Effective Date This Ordinance shall take effect immediately upon adoption, as permitted by the Charter WRCA 026 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _ day of , 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2005, at 7 00 o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this _ day of , 2005 SIGNED by the Mayor on this day of ,2005. ATTEST. GRETCHEN CERVENY, MAYOR PAMELA Y ANDERSON, CITY CLERK - APPROVED AS TO FORM BY CITY ATTORNEY GERALD E DAHL, CITY ATTORNEY 1 st Publication 2nd Publication Wheat Ridge Transcript Effective Date WRCA 026 ITEM NO ::3 , REQUEST FOR CITY COUNCIL ACTION ["-- "'~' , ~ ,,----- i "'\~ ,};.: I I COUNCIL MEETING DATE August 22, 2005 TITLE: RESOLUTION 41-2005 - RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 1, 2005. D PUBLIC HEARING D BIDS/MOTIONS cg] RESOLUTIONS D ORDINANCES FOR I ST READING (Date _) D ORDINANCES FOR 2ND READING - D Yes (~~~C~CL- Clerk Clty~ QuasI-Judicial ~ No EXECUTIVE SUMMARY: The CIty of Wheat Ridge will participate m a coordmated electIOn on November 1,2005 The attached Resolution and Intergovernmental Agreement must be executed pnor to the election. The documents refer to the respective dutIes of the County and the City of Wheat Ridge concernIng the conduct ofthe election. The duties of the County Clerk include, but are not lImited to ballot preparation, voter lIsts, staff selection and training, providing election supplies, counting of the ballots, and certificatIon of results. The duties of the City of Wheat RIdge include, but are not limIted to Call and Notice and hallot preparation. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMPACT: In addItion to any other costs provIded for in this Agreement, the JUrISdIctIon shall pay $1.50 for each ballot packet Issued withm the City of Wheat Ridge or $900 00 whIchever is greater The County shall submit to the CIty of Wheat Ridge an Itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remIt to the County the total payment upon receipt of such mVOlce The amount budgeted for 2005 is $13,000. RECOMMENDED MOTION: "I move to approve Resolution 41-2005" - Report Prepared by' Pam Anderson, CIty Clerk Reviewed bY' Randy Young, CIty Manager Attachments: 1 Resolution 41-2005 2. IGA With County CC' Request for City ('()uncil Action-report form RESOLUTION NO. 41-2005 SERIES of 2005 - TITLE: RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 1, 2005. WHEREAS, pursuant to Section 1-7-116(2), C R.S , as amended, the County Clerk and the City of Wheat Ridge shall enter into an agreement for the administration of their respective duties concerning the conduct of the general election to be held on November 1, 2005 and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the "City Clerk") are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot election" as such terms are defined in the Uniform Election Code of 1992, Title 1, C R.S, as amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended ("Rules"), and _ WHEREAS, the City of Wheat Ridge has certain candidates, ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election, and WHEREAS, the County Clerk and the City of Wheat Ridge have determined that it is in the best interests of Jefferson County, the City of Wheat Ridge and their respective Inhabitants to cooperate and contract concerning the Election upon the terms and conditions contained herein NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that the appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the parties' respective duties concerning the conduct of the coordinated election to be held on November 1, 2005 DONE AND RESOLVED on this 22nd day of August, 2005 Gretchen Cerveny, Mayor ATTEST - Pamela Y Anderson, City Clerk INTERGOVERNMENT AL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement") is made and entered mto tillS 22nd day of August, 2005, by and between the CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, ST ATE OF COLORADO ("County Clerk") and the CITY OF WHEAT RIDGE ("Jurisdiction"), collectively referred to as the "PartIes" WITNESSETH WHEREAS, pursuant to Section 1-7-116(2), C.R.S ,as amended, the County Clerk. and the JunsdIctIOn shall enter mto an agreement for the admmlstratlOn of theIr respectIve dutIes concerning the conduct of the coordinated electIOn to be held on November!, 2005 ("Election"), and WHEREAS, the County Clerk and the Jurisdiction are authonzed to conduct electIOns as proVIded by law; and WHEREAS, the County Clerk WIll conduct the ElectIOn as a "coordmated maIl ballot electIon" as such term IS defined in the Uniform ElectlOn Code of 1992, Title!, C.R.S., as amended ("Code") and the Current Rules and RegulatIOns Governmg ElectIon Procedures adopted by the Secretary of State, as amended ("Rules"), and - WHEREAS, the JurisdIctIOn has certam candIdates, ballot Issues and/or ballot questIOns to present to ItS elIgible electors and shall partICIpate m tIllS coordmated electIon, and WHEREAS, the County Clerk and the JunsdIctIOn have determmed that it is m the best mterests of Jefferson County, the JunsdIction and theIr respective inhabItants to cooperate and contract concermng the ElectIOn upon the terms and condItIOns contamed herem. NOW, THEREFORE, for and 111 conSIderatIOn of the promIses herem contamed, the suffiCIency of whIch IS hereby acknowledged, the PartIes hereto agree as follows ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose of tIllS Agreement is to set forth the tasks to be completed by the County Clerk and the JunsdIctIOn to conduct the ElectIOn and to pro-rate the cost thereof 1.02 Coordinated Election Official. The County Clerk shall act as the Coord1l1ated ElectIOn Onicial in accordance with the Code and Rules and as such shall conduct the ElectIon for the JurisdictIon for all matters m the Code and the Rules whIch require action by the CoordInated ElectIOn Official. - \'srv-ci-adm-OO 1 \users \cjones\Elections\lGA 2()( l" ,un.: The County Clerk desIgnates Susan MIller as the "Contact Officer" to act as the prImary lIaIson between the County Clerk and the JunsdlctIOn. The Contact Officer shall act under the authonty of the County Clerk and shall have the pnmary responsibIlIty for the coordmatlOn of the ElectIOn WIth the JunsdIctlOn and completIOn of procedures assIgned to the County Clcrk hereunder Nothmg herem shall be deemed or construed to relIeve the County Clerk or the JunsdIction from theIr otlicIaI rcsponsibilItIes for the conduct of the ElectIOn. 1.03 Designated Election Official. The JunsdIctlOn dcsIgnates Pamela Anderson as ItS "ElectIOn Officer" to act as prImary lIaIson bctwcen the JUrISdIctIOn and Contact Officer The ElectIOn Officer shall have pnmary responsibIlIty for the ElectIOn procedures to be handled by the JUrIsdiction. Except as otherwise provIded m thIS Agreement, the ElectIOn Officer shall act as the "DeSIgnated ElectIOn OffiCIal" for all matters under the Code and the Rules which reqUIre actIOn by the DesIgnated ElectIOn OffiCIal. From the date of the last party's executIOn of thIS Agreement through canvass of the Jurisdiction's election followmg the ElectIOn, the ElectIon Officer shall be readIly aVaIlable and accessible dunng regular busmess hours, and at other tImes when notIfied by Contact Officer 111 advancc, for the purposes of consultatIon and decIsIOn-makmg on behalf of the Jurisdiction. In addition, the ElectIOn Officer IS responsible for receIvmg and tImely respondmg to mqmres made by theIr voters or others 111terested 111 the JunsdIctlOn's election. 1.04 .Jurisdictional Limitation. The JunsdIctlOn encompasses tern tory wIthm Jefferson County ThiS Agreement shall be construed to apply only to that portIon of the JUrISdIctIon wIth111 Jetlerson County - 1.05 Term. The term oftllls Agreement shall be from the date of the last party's execution until December 3 L 2005 and shall apply only to the November 1,2005 electIOn. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the followmg duties for the ElectIon for the J unsdiction. A. Voter Registration. 1 Supcrvlse, admlll1stcr and proVIde the necessary facIlItIes and forms for all regular voter registration sites. 2 NotIfy the JUrISdIctIOn of the ccrtIfied numbcr of regIstered electors rcsIdmg wIthm the JunsdIctIOn as of the close of the registratIOn books on the twenty-nmth (29th) day prior to the ElectIon. - 2 \\srv-d-adm-OO 1 \users\cjones\Ekctions\J<.iA 2()05 .d(x:; B. Ballot Preparation. Layout the text of the ballot 111 a format that complIes wIth the Code and the Rules. 2. ProvIde ballot pnnting layouts and text for proofreadmg and SIgnature approval by the JunsdIction. 3 CertIfy the ballot content to the pnnter(s) 4 Contract for maIled ballot packets wIth a vendor acceptable to the County Clerk and remit payment directly to the vendor C. Voter Lists I Upon request oftlIe JurisdictIOn, create a lIst of the regIstered voters conta111mg the names and addresses of each elector regIstered to vote m the JurisdIctIOn. The JurisdIctIOn shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. ') Upon request of the JurisdictIOn, certIfy the regIstratIOn list to the desIgnated representatIve( s) of the JunsdIctwn. - D. Staff: Selection and Training. Appomt and train a suffiCIent number of qualified staff to adequately serve the number of electors regIstered to vote at the coordmated electIon. E. Mail Ballots. MaIl the ballot packets as required by the Code and the Rules. F. Absentee Voting. I Conduct absentee and emergency votmg m the County Clerk's office for the JurisdictIOn as reqll1red by the Code. 2. Obtam and proVIde all ballots and supplies necessary for absentee and emergency votmg and replacement ballots. G. Election Supplics. Provide all necessary equipment and forms to conduct the Election, mc1udmg the County's electronic vote countmg equipment. The JunsdIctIOn IS to be charged the pro-rated costs (as defined 111 Article IV) of the computer program whIch WIll count the voted ballots as well as pre-electIOn preventIve mamtenance and on-SIte technical personnel on ElectIOn mght. 3 \\srv-ci-adm-OU I \users\cjones\Elections\IGA 2(}(JS.UlX; H. Election Day Preparation. 1. Prepare a tcst deck of voted test ballots to be counted the day pnor to the Election, Just prIor to the begmmng of the actual count and followmg completIon of the ballot count as required by the Code. 2 Provide necessary electronic vote tabulatlllg equipment (computer), personnel properly traIned in electronic tabulating eqUIpment, facilIty and eqUIpment and to arrange for computer rUlmmg tIme as necessary for a test run and for ElectIOn day I. Intentionally Omitted. J. Election day Activities I PrOVIde Election day telephone and In person support from 6 00 a.m. to the conclusIOn of the count on Election night. 2. Inspect voted ballots, count the ballots and furnIsh the JunsdictIon WIth unoffiCIal results of the ElectIon. K. Counting the Ballots. I Conduct and oversee the process of countmg the ballots and reportlllg the results by JUrIsdIction. - 2. Establish backup procedures and backup sItes for the counting of the ElectIOn should the counting eqUIpment faIl during the count. Should the equipment fail, and It IS determined that the countmg procedures wIll not be recovered withm a reasonable penod of tIme. the countIng procedures wIll be moved to a predetermmed and pretested SIte for the duratIOn of the Election countmg procedures. All related costs are to be paId pro-rata (as defined in ArtIcle IV) by the coordmatmg JurisdictIOn. 3 PrOVIde personnel to particIpate In the ballot countIng procedures as accomplIshed by any electromc vote tabulating eqUIpment used III the ElectIon. The JUrIsdIction personnel shall partICIpate WIth personnel from the County Clerk's Office to ensure JunsdIctIOn participatIon m each of the electrol1lc vote tabulating procedures that shall be used. L. Certification of Results. Appoint, instruct and otherwise oversee thc board of canvassers. 2 CertIfy the results of the JunsdlctlOn's Election withlll the time reqUIred by law and forthWIth prOVIde the Junsdiction WIth a copy of all Election statements and certificates whIch are to be created under the Code. - 4 \\srv-\.:j-adm-OO I \t1sers\cjones\Elcctions\I(jA 2()(J5 ,do.; 3 In the evcnt a recount IS necessary, conduct a recount In accordance wIth the la~ M. Storage and Records 1 Store all electIon records as reqUIred by law Store all voted ballots for that time reqUIred by the Code, store voter affidaVIts of electors who cast ballots In the ElectIOn for a minImum of twenty-five (25) months In such a manner that they may be accessed by the JUflsdichon. If necessary. to resolve any challenge or other legal questIOns that mIght anse regardIng the Election. 2. Capture the vote hIstory for the County ElectIOn Department's vote hIstory file Nothing contamed 111 thIS Agreement IS Intended to expand the dutIes of the County Clerk beyond those duties set forth m thc Code or the Rules. ARTICLE III DUTIES OF .JURISDICTION 3.01 for the Election. Jurisdiction Duties. The JUriSdIctIOn shall perform the followmg dutIes - A. Authority Provide the County Clerk WIth a copy of the ordInance or resolution statmg that the Jurisdiction has adopted the Code and that the JUflsdIctIOn WIll partIcIpate 111 the coordinated ElectIOn 111 accordance WIth thc terms and condItIOns of thIS Agreement. The ordmance or resolution shall further authonze the presldmg oflicer of the JunsdIctIOn or other designated person to execute thIS Agreement. B. Call and Notice PublIsh all notices relative to the ElectIon as reqUIred by the Code, the Rules. the Jurisdiction's Charter and any other statute, rule or regulatIon. c. V oting Jurisdiction. FurnIsh the County Clerk WIth maps or other legal descnptIOns of each precinct, ward and/or votIng JunsdIctIon no later than September 2, 2005 D. Petitions, Preparation and Vcrification. Perform all responSIbIlItIes reqUIred to certify any candIdate and/or lI11tIatIve petItIOn(s) to the ballot. E. Ballot Preparation. 1 SubmIt a copy of the lIst of CandIdates, Ballot Issues and/or Ballot QuestIOns and the titles and summanes of each Ballot Issue or Ballot QuestIOn to the County Clerk. exactly as the lIst IS to be printed on the ballot pages no later than September 2. 2005 at 3 '00 p.m. - 5 \\srv-ci-adm-OU I \uscrs\cjones\Elections\I<iA 20()S drx.; 2 Proof the layout and text of the officIal ballot before authorizmg the pnntIng of the ballot by signature approval to the County Clerk. - F. Election Day Preparation. Prepare a test deck of voted test ballots to be counted the day pnor to the ElectIOn, Just pnor to the begmnmg of the actual count and followmg completIOn of the ballot count, and attend each test. G. Intentionally Omitted. H. Counting the Ballots. PartICIpate ll1 each of the electronIC vote tabulating procedures that shall be used. 3.02 Cancellation of Election bv the Jurisdiction. In the event that the JUrIsdIction resolves not to hold the Election, then notIce of such resolution shall be provided to the County Clerk ImmedIately The JurisdIctIOn shall WIthIn thirty (30) days promptly pay the County Clerk the full actual costs of the activities of the County Clerk relatmg to the ElectIOn mcurred both before and after the County Clerk's receIpt of such notice The Junsdiction shall provide notIce by publIcation (as defined in the Code) of the cancellatIOn of the ElectIOn and a copy of the notIce shall be posted in the Office of the County Clerk, m the office of the DeSIgnated ElectIon OffiCIal (as defined m the Code), at the pnmary bUIldIng of the JunsdIctIon, and, If the JunsdIction is a speCIal distnct. m the office of the dIVISIOn oflocal government. The Junsdiction shall not cancel the ElectIOn after the 25th day pnor to the ElectIOn. - ARTICLE IV COSTS 4.01 Election Costs In addItIOn to any other costs provided for ll1 thIS Agreement, the JurisdIction shall pay One and SOil OOths Dollars ($1 50) for each ballot packet Issued wIthm the JunsdIctIOn or Nine Hundred Dollars ($900), whIchever IS greater 4.02 Invoice. The County shall submit to the Junsdiction an ItemIzed mvoice for all expenses mcurred under tIllS Agreement and the JurisdIctIOn shall remIt to the County the total payment upon receipt of such Invoice ARTICLE V MISCELLANEOUS 5.01 Notices. Any and all notIces required to bc gIven to the PartIes by thIS Agreement are deemed to havc been received and to be effectIve (1) three (3) days after the same shall have been maIled by certIfied maiL return receIpt requested, (2) unmedIately upon hand delIvery; or (3) immedIatcly upon receipt of confirmation that a fax was rcceived, to the address of the PartIes as set forth below or to such Patiy or addresses as may be deSIgnated hereafter m wntmg. - 6 \\srv-ci-adm-OO I \users\cjones\l:lcction~\I(jA 2005 .doc To County Clerk Faye Gnffin Jefferson County Clerk and Recorder Jefferson County Government Center 100 Jefferson County Parkway Golden, Colorado 80419 WIth a COpy to Jefferson County Attorney Jefferson County Government Center 100 Jefferson County Parkway Golden, Colorado 80419 To JurisdictIOn. City Clcrk Pamela Anderson CIty of Wheat RIdge 7500 West 29th Avenue Wheat RIdge, Colorado 80033 5.02 Amendment. ThIS Agreement may be amended only m wntmg and followmg the same formalIty as the cxecutIOn ofthlS Agreement. 5.03 Inte2ration. The Parties acknowledge that thIS Agrccment constItutes the sole agreement between them relating to the subject matter hereof and that no Party is relymg upon any oral representatIOn made by another Party or cmployee. agent or officer of that Party - 5.04 Indemnification. To the extent permitted by law. each party agrees to mdemlllfy. defend and hold harmless the other party. its agents, officers and employees from any and all losses. costs (mcludmg attorney's fees and court costs), demands or actions ansmg out of or related to any actIOns. errors or omISSions relatmg to the duties and responsibIlItIes of the mdemlllfymg party m the conduct of the ElectIOn. 5.05 Conflict of A2reement with Law, Impairment. In the event that any provIsion in thIS Agreement cont1icts WIth the Code. other statute or valId prior resolution or ordmance duly adopted by the JunsdIctlOn, thIS Agreement shall bc modified to conform to such law or resolution. No subsequent resolutIOn or ordmance of the JunsdIctIon shall ImpaIr thc rights of the County Clerk or the JurisdIctIOn hereunder WIthout the consent of the other party to thIS Agreement. 5.06 Time of Essence Time is of the essence of thIS Agreement. The tIme rcqmrements of the Code and the Rules shall apply to completIOn ofthc tasks reqUIred by thIS Agreement. - 7 \\srv-d-aum-OO 1 \uscrs\cjones\Electilllls\KiA 2(I05.do.; IN WITNESS WHEREOF, the PartIes hereto have sIgned thIS Agreement. ATTEST CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON STATE OF COLORADO By Faye Gnffin Date ATTEST JURISDICTION By Pamela Anderson, CIty Clerk Date - APPROVED AS TO FORM .r ean L. Ayars AssIstant County Attorney - 8 \\srv-ci-adm-OO 1 \users\cjones\Elections\KjA 2005 .uu: ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION I '/$~' p:~ ~[U~ COUNCIL MEETING DATE. August 8, 2005 TITLE: ACCEPT ANCE OF 2004 AUDIT D PUBLIC HEARING rg] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date: _) D ORDINANCES FOR 2ND READING rg] No Ci~' EXECUTIVE SUMMARY: SectIOn 10.15 of the Municipal Charter for the City of Wheat Ridge reqUIres that an mdependent audit be performed annually of all CIty accounts. The CPA firm ofSwanhorst & Company, LLC performed - the audit of the City's financIal statements for the year ended December 31, 2004 As is reported in the attached Management Letter from Swanhorst & Company, the following conclusions were reached from the audit: 1 "We noted no transactions entered mto by the City during the year that were both significant and unusual or transactions for which there is a lack of authoritative guidance or consensus." 2. "We evaluated the key factors and assumptions used to develop the estimates in determining that they are reasonable in relation to the basic financial statements taken as a whole" 3 "We provided management with a schedule of audit adjustments. In our Judgment, none ofthe adjustments we proposed, whether recorded or unrecorded by the City, either individually or in the aggregate, indIcate matters that could have a SIgnificant effect on the City's financial reportmg process." 4 "We are pleased to report that no such dIsagreements [with management] arose during the course of the audit." 5. "We encountered no sigmficant difficulties while performing the audit. Wendy Swanhorst of Swanhorst & Company will be at the August 8, 2005 City Council meeting to present the 2004 audit to City Council for approval. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: For the year ended December 31, 2004, the auditors recommend the followmg changes to the accounting and/or budgeting process 1 "The City recently implemented the HMS sales tax system. The system has encountered problems and ongomg support from HMS is sporadIc at best. Staff has been able to manually ensure the accuracy of the data m the system. However, we would suggest that the CIty continue to pursue the vendor to correct the system defiCIencies." 2. "The City currently utilizes encumbrance accounting. State budget law requires the re- appropriation of purchase orders and projects for each new budget year While the City is a home-rule city and is not required to follow the State law, current practice throughout Colorado does not mclude the use of encumbrances. We recommend that the City consider utilizing generally accepted accountmg principles (GAAP) for its budgeting basis." 3 "Annually, the City budgets a transfer from the Open Space Fund to the General Fund to cover costs associated with mamtaining parks and open space. Open space revenues are restricted to specific expenditures by election. The City should consider recordmg open space expendItures m the Open Space Fund to better present compliance with the election requirements" Staff agrees wIth and supports the three recommendations from Swanhorst & Company LLC and will make adjustments to address each recommendation. AL TERNATIVES CONSIDERED: None FINANCIAL IMPACT: The contract for audit services with Swanhorst & Company, LLC is for an amount not to exceed $18,000 which was budgeted as part of the 2005 budget. RECOMMENDED MOTION: "I move to accept the 2004 independent audit from Swanhorst & Company, LLC." or, "I move to deny acceptance of the 2004 independent audit from Swanhorst & Company, LLC for the following reason( s) " Report Prepared by: Linda Stengel, Accounting Supervisor Reviewed by' Patrick Goff, Deputy City Manager Attachments: 1 2004 Management Letter 2. 2004 Comprehensive Annual Financial Report c\ ~'I () flO ; n ;-C' Ilt~ ) GJ /5 -)CO~ "., .' 1~"Su 4:2- J GO S- ~ Z' ( n J f:-~ '11 L I --fI., L{,r u L '-- (~~\, \;\,'; \:5) ?'~ l'v': ,\.1?{ hc:0 D. ~"1rX,\'( f."',A - {~"!ILY' 1:1)1L.\'\l~-hlLC~~l {~V k/\ol) l ~,,_ C"C ((.j 'L\,\l k", S,Ll\(C((,-:" (1v.L'\ q.((...::J ~, /-. itl\C"'(I?"+) '1\('( +>' SlC t \\i\/'-\.''':~'.i cc\;<"d?"c<, ----lIe (}..\c..Ls' lLd\-,d /2 ,Lie, lc,c~ ,\1 L ,(~_ _ (." -"\1<.,'; T> ':=..:' ,E.,-,:, t,-- ,-"C:. ! \1 \{ r:. _ WZ',-.t'U~ :ktt- Lt' tv2.0~ \ ('4\...L) Z6\d v,--,,'r-cJ MUcJ~;, A be <'rL"~LII,\. ')l'Pfc, t L'{ .tc,,,, 7.c,L L)" ICt"[' .&4l (vhc.'r"'v~1'j 0t- lh' LI"'7CO'...) Tl:'Jt/ Vc,tL\l.--- \ \ '..1 \("1'14 'J,-'- K>"'-~ I ). ('() \ -:,'- - \ L\.vcc. t"-../ ,') ( l f i K C -C" '.C :'':>c.. cy W - P \'Uf)'/ w..o n ;C,1. 1 :\~ VI l.>-..') \ o' t --- L-~ '!L _U.' , <..' ( c... '- <., v~)' .. 1~?' :=2 ..... \ c:... -7L~ (L l. IU,t.\ f,u[, . 1 ~ i-ht C [~Ll.,.J,-- -./H.?LV1IC;.[C- t- f-11'SSIS\iifi . ! 11t')" l--' L(r...""~ A'vl\ S~~l4. DiAt SG~1hC)(" 3t~~+S @ rc-7rn..~ 1 J..: + r - ftC'"",--t1zc" ,zGI(,Ck ~ II\.C\.-\ 16\1\ c -..::hlo cc_ .. I ~l(" t<'<"'l.L . " --k: ~rlL c.'vd (})'\. c-~1- \ :-'s'l,-C- -Ku'V) \.v7<.ct: ~'--5> 71'-' S'iS- (+-6 ''1 1:::. [Cell t'v S I-o.,/[..< LG{' c~ Y~LLV ~( (:>v ?,_) I-{<:' - -:G~ '{ CITIZENS' RIGHT TO SPEAK DATE: August 8, 2005 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES. UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER. STATING NAME. ADDRESS. AND TOPIC OF COMMENT. PLEASE PRINT!!!!!!!! NAME ADDRESS TOPIC .~ Wi\'t'\~ wNQ . ~...ij....J.L\"i' ~l/;VP Y.1(7-~T; "_.,-J,f:'".-~',,,, V2".., "Ac'(,::i;,:,_cj!'('i"i""i.":/' ;".7'\ .,"" CITY OF WHEAT RIDGE, COLORADO /~ ry~Jr~ ~.' '-I'1\,~:' .~ ~f" @1. {,'llI'.{V-- 'e^.,'- V I-IJP/ ~('" -I' '-- / 9)r'-'x-- . ./'V ~ II'" t @~w @@@~@n~ ~~~\illu~@ August 8, 2005 7 Db 01-1.; Mayor Cerveny called the Regular ~ Council Meet!.Dg to order ~ m ~uncilmembe~ present: Karen Adams, Karen ~rry, Jerry DiTullie-;Dean Gokes( Lena Rotola, Wanda Sang, ~arry Schulz;and Mike Stites/Also present: City Clerk, Pamela Anderson, City Manager, 1"J,,'m~ Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, -rc.t Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF July 25, 2005 Motion by Mr DiTullio for the approval of the Minutes of July 25, 2005, seconded by Sc.uy carried B' L - PROCLAMATIONS AND CEREMONIES - Mayor Cerveny read Proclamation for Wheat Ridge Carnation Festival and presented it to Mike Baran ~ AJIl..t.lc - /--f'(n rt)lf.t; &ti/1r:['jr30lAdS CITIZENS' RIGHT TO SPEAK -3 S pu <.lLeA '5 .) \,., 'yv Iktc c-..f APPROVAL OF AGENDA ORDINANCES ON FIRST READING Item 1. COUNCIL BILL 13-2005 - AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT Council Bill 13-2005 was introduced on first reading by \--tv <; Adci.N\'; Motion by \-- \r ~ Mc<.vVl S to approve Council Bill 13-2005 on first reading, order it published, public hearing set for Monday, August 22, 2005 at 700 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Sli4 .{' S carried 3 ~ e, Christa Jones From: Sent: To. Subject: Matthew Best [mbest@alphacorp cc] Friday, August 05,2005413 PM Christa Jones Meeting: Agenda Management Webinar Hello , Matthew Best has invited you to attend a meeting on the Web, using WebEx \'~ \. , \~ ,t\j(_ v J }... '- [Jerruer) \),J \ \ H I 11E; ,. '--" Time (I~MT - U U : I) U , To attend this meeting, you must first register for it Please click the following link to see more information about and register for this meeting. Once you have registered for the meeting, you will rel~eive an email message confirming your registration This message will provide the infurmation that you need to join the meeting <https //alphacorpcc.webex com/alphacorpcc/j php~ED=P,5~Y1377~RG-lo To contact Matthew Best, send a message to this address: mbest@alphacorp. I~C http://www.webex com We've got to start meeting like this(TM) 1 CITY COUNCIL MINUTES: August 8, 2005 Item 2. Page -2- COUNCIL BILL 14-2005 - AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT TO THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16 8 (B), CONCERNING PUBLICATION OF NOTICES OF SPECIAL MEETINGS AND ORDINANCES Council Bill 14-2005 was introduced on first reading by H r <; SiC'lj Motion by \,.ihs $UI"t to approve Council Bill 14-2005 on first reading, order it published, public hearing set for Monday, August 22, 2005 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Sct'u-~ carried 6" - [; DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. - RESOLUTION 41-2005 - A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 1, 2005 Resolution 41-2005 was introduced by \--.0\,<, 5"'5 Motion by '~v~ carried D-l \ lT~ l () to approve Resolution 41-2005, seconded by 8--0 . Item 4. ACCEPTANCE OF 2004 AUDIT J' ---n\..~ ir-c..'1.-" tOJ IHt>ud....\iIL<::.C.( Ir,n, t"h~ e~n...L=f CvV. '.J c.,-h./ C \-e.,A fJ.vVJ f\1lc.{.Q''SL'1A- Motion by \Lvn. ~ to accept the 2~04 independent audit from Swanhorst & .-- <,,[d ~" e. Company, LLC , seconded by S-Cl'l..?:; , carried -eA( C <.A T1v-€. v\Jj?:~L1 SV';('Vlll~', S"ev'Y] h.,-.,.'t(l.I~~J(l'Y\.{ycvl<,LLC f'('{l\.f(L'~ a 'LlrvlVMC:J' - 5\,lMrVI{?~\ c~t;lx 2u..'l( Ave:l,-f fc..(c"it".. OU(SnlVl? -hLiW' Cc;")'t.~uJJ .- ~() {l~~ ~~etct .. .. J ..J.l.- --u ., (.'1, ~C:,~IC,,-- 'it....J:- '" -+-. C'.( ~\?\,I J ..~ " ....101L1.X..t to (l V\t\t': \ U iJ (ceeL f<.... ru.()\M.1~ '--ftt'\9\..t +t~ Gt hi cwL'r' _; -!1' 2, ~ l. -l-t:3 i1~ ( 'fey.. 2- 01 CAP) ,:" .. J'< ~ VV1..J :;'t( ,Y<6 u.y' , C~"YYl e(:( ~,.. C -- I) CITY COUNCil MINUTES: August 8, 2005 . - \~Il,-,v H>>n'-^' c,\ evV\vu.olL,{/' Cl' "II ~d 6'"-c. Page -3- -"-flY ATTnR....l!:y',c::...JIjIoII.TTE.,;s- ELECTED OFFICIALS' MATTERS Meeting adjourned at "7' '-{t, pm Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 22, 2005 BY A VOTE OF _ to _ Lena Rotola, Council President - The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions Ore '( A>uL>--).l-WC, '-tkoI ~ f.oYVtI'lCC'hLl"'1. fciltlC\'l'5 ~( (,-Ln, (LeC R u-bdnJ1 '1'''~I~t,;j' rV~-'~Y" cI w."lokho l'oJ ~'U'''' 'f,j) c f, r -e 'i' I:~_"~" ~r8 'Y' . . fJ-.'f -yrtt:j ~ ~\ t::{--C HUj T If CclAi'lL-,7 j)1'<,tvrct--s, ;}71tcl ""0 J.... f., fl); " I {L' :::;~J.,?Y1/1 .rVh'). 7"10..)' . ,A-l/C, 1/ fL.I' /..~, C'I.-,f1::~c <.,C,~ ' ,) -..V-f; I~ 'n hLV\ [iQAtd.'rl", k-J t.v j-t' ;...f{( 1)L\,..<-.- Ctj hu3h(i' LUf~~:~, ;:': , t Pyz{ _ l'