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HomeMy WebLinkAbout08/22/2005 6:30 p.m. Pre-Meeting ;\~ = j'] D ;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 22. 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF August 8. 2005 L~ \~JJ 1\-\ \(jiJ f 1::---<;\ i V i-\ L PROCLAMATIONS AND CEREMONIES ,- 0 h'1J\ \J i::- f\ \,j ~ W S -- CITIZENS' RIGHT TO SPEAK 1 J) '/-!~ Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. - 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA Item 1. Consent Agenda: A. AWARD ITB-05-31 POLICE EVIDENCE STORAGE BUILDING B RESOLUTION 44-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT C RESOLUTION 43-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT D RESOLUTION 40-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,000 00 FOR ANNUAL APPRECIATION DINNER. CITY COUNCIL AGENDA. AUGUST 22, 2005 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. COUNCIL BILL 13-2005 - AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT 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. DECISIONS. RESOLUTIONS AND MOTIONS Item 4. Item 5. RESOLUTION 42-2005 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BElWEEN THE WEST METRO FIRE PROTECTION DISTRICT, WHEAT RIDGE FIRE PROTECTION DISTRICT AND THE CITY OF WHEAT RIDGE TO COMBINE COMMUNICATION RESOURCES DISTRICT I APPOINTMENT TO THE LIQUOR AUTHORITY CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT m"J;'pi . '~ -,'. ,'. ..,' "1': ."cl ",_ ," ,j_~' i 'm~ .! $ . i CITY OF WHEAT RIDGE, COLORADO Au~ust 8, 2005 Mayor Cerveny called the Regular City Council Meeting to order at 7:06 p m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl, Director of Community Development, Alan White; Director of Public Works, Tim Paranto; staff; and interested citizens APPROVAL OF MINUTES OF Julv 25, 2005 Motion by Mr DiTullio for the approval of the Minutes of July 25, 2005, seconded by Mrs. Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES - Mayor Cerveny read Proclamation for Wheat Ridge Carnation Festival and presented it to Mike Baran. CITIZENS' RIGHT TO SPEAK Ken Wig spoke about the "2nd Wind Fund", which was put together because of four suicides that occurred at Green Mountain High School. This provides funding for kids who are at risk of suicide but don't have access to insurance, can't afford the co-pays, don't qualify for Medicaid or can't get into a program for two or three weeks in a crisis situation. They have helped almost 170 kids, mostly on the west side of Jefferson County and over half a dozen of kids right here in Wheat Ridge Suicide is the second leading cause of death for people up to the age of 34 Colorado has the seventh highest suicide rate in this country They will have a booth at the Carnation Festival They raise funds through a run/walk program that is held at Green Mountain Presbyterian Church at the corner of Alameda and Mississippi. Jeff Lamontagne from 2nd Wind Fund, stated they have gotten some of their most positive feedback from the Wheat Ridge High School counselors Their event will be on Sunday, September 18,2005 at 12.30 p m CITY COUNCIL MINUTES: August 8, 2005 Page -2- Nancy Snow announced that Wheat Ridge United Neighborhoods will have the first ever soap box speak-out, which will be all 3 nights at the Carnation Festival. If you have ever wanted to speak out for five minutes without interruption, this is your chance! You can speak on any subject you want, the only rules are nothing libelous, no name calling, no foul language 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 Mrs. Adams. Motion by Mrs. Adams to approve Council Bill 13-2005 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 Mr. Stites, carried 8-0. 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 16.8 (B), CONCERNING PUBLICATION OF NOTICES OF SPECIAL MEETINGS AND ORDINANCES. - Council Bill 14-2005 was introduced on first reading by Mrs Sang. Motion by Mrs. Sang to approve Council Bill 14-2005 on first reading, order it published, public hearing set for Monday, August 22, 2005 at 7:00 p.rn in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Schulz; carried 8-0 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 Resolution 41-2005 was introduced by Mrs. Sang Motion by Mrs Sang to approve Resolution 41-2005; seconded by Mr. DiTullio; carried 8-0 CITY COUNCIL MINUTES: August 8, 2005 Page -3- Item 4. ACCEPTANCE OF 2004 AUDIT Mrs. Rotola introduced Item 4. City Clerk Pamela Anderson read the Executive Summary Motion by Rotola to accept the 2004 independent audit from Swanhorst & Company, LLC , seconded by Mrs Sang. Wendy Swanhorst gave a brief presentation of the audit. The City's records are in excellent condition and they don't make significant adjustments to the books and they don't have significant problems when they perform the audit procedures She outlined some of their suggestions relating to sales tax program, encumbrance accounting, and Open Space accounting. Motion by Mr Gokey to make an amendment to the motion to adopt the three changes to the accounting and/or budgeting process as suggested by the auditors on page 2 of the Request for Council Action form; seconded by Mrs Berry; carried 8-0. Motion as amended carried 8-0 Meeting adjourned at 7 40 p m - 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. ITEM NO' i.A. REQUEST FOR CITY COUNCIL ACTION I($~'I IIlilW11 COUNCIL MEETING DATE August 22, 2005 TITLE: AWARD ITB-05-31 POLICE EVIDENCE STORAGE BUILDING IN THE AMOUNT OF $225,700, ALONG WITH A PROJECT CONTINGENCY OF $21,441.50 D PUBLIC HEARING [gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date _) D ORDINANCES FOR 2ND READING Quasi-Judicial ric~ - EXECUTIVE SUMMARY: The police evidence storage facilities were prograIllmed for replacement in the 2004 Capital Investment PrograIll (CIP) Budget. The construction of the new building is needed to allow the adequate and proper storage space for various police evidences in conformance with accepted standards. The buildmg design conforms with the Public Works/Parks Maintenance Master Plan developed in 2004. On August 9, 2005, six (6) bids were received. W.M. Brown Construction, Westminster, CO was the apparent low bidder in the total amount of $225,700 00. Their bid met all of the bid requirements. References and experience were investigated by the Public Works. Staff recommends award of the project to the lowest responsive bidder, W.M. Brown Construction, in the aIllount of $225,700 00, whIch mcludes the base bid and six selected alternate bids. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: -- Bids for the Police Evidence Storage Building, #M-02-04, were opened on Tuesday, August 9, 2005, with six (6) bids receIved. The bids were comprised ofa base bid and eleven alternate bids. The base bid provided the construction of the storage building. The eleven alternate bids porvided for the contruction of varIOUS building support features as listed: I. vertical conveyor, 2. exterior storage, 3. motorized door operators, 4 metal roof panels, 5 paint mterior, 6. paint exterior, 7 concrete filled steel bollards, 8. exterior lighting, 9 exterior concrete aprons, 10 water and sewer stubs and 11 additional portions of 2nd floor. The base bIds ranged from $205,000.00 to $249,000 00 and total for eleven alternate bids were from $72,000.00 to $182,117.00. The Architect's Estimate for the base bid and the eleven alternate bids were $217,080.00 and $57,84800, respectively. Public Works and Police Departments staffs recommends that alternate bIds 3, 6, 7, 8,9 and 11 to be awarded with the base bid. The total for the selected alternatIve bids is $20,700 00. The project budget restricted the bid alternates selected. The remaining alternatives can be added to the builidng in future construction phases. The lowest responsible and responsIve bidder, W.M. Brown Construction, Westminster, CO has met the bid and qualification reqUIrements. Based upon the contractor's demonstrated capabilities and experience, Staffrecommends award to W.M. Brown Construction. The remaining budget funding will provide for a 9.5% contingency aIIlount of$21,441.50 requested for the project. AL TERNA TlVES CONSIDERED: No award and the Police Evidence Storage Building Project will not be accomplished. FINANCIAL IMPACT: This proJect will be funded WIth the $150,000 that was approved and encumbered in the 2004 budget and the supplemental budget appropriatIOn approved by City Council in July 2005 in the aIIlount of $127,700 for the expansion of thIS project. - RECOMMENDED MOTION: "I move to award ITB-05-31, PolIce Evidence Storage Buildmg, #M-02-04 with alternatIve bIds 3, 6, 7, 8,9 and 11 to W.M. Brown Construction, Westmmster, CO in the aIIlount of $225,700 00 I further move that a contingency aIIlount of $21 ,441.50 be approved. I further move that the director of Public Works be authonzed to issue change orders up to a total contract and contingency aIIlount of $247,141.50. I further move that all costs associated with this contract be paid from account number 30-305-800- 811, and that these funds be encumbered for the length of the proJ ect m accordance with Ordinance #787, 1989 Series." Or I move to deny award ofITB-05-31 polIce Evidence Storage buildmg for the following reason(s) -- ImtIated by: Report Prepared by: Reviewed by' Attachments: 1. Bid Tabulation Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing cc Request for City Council Action,report form - ...,..- -0 )> )> co C/)oo -j r < n , , -mm m 0 m "" -l -l G)C/lc ;u ~ w Z "' m m zo< 5: S' :;u :;u )>;um C/l -j 0 co - ;u 0 0 i3' Z Z -l~-< z ;:0 0: )> )> Co -l -l :;uz m m ml or- en 01 G) (I) ""00 lll. )>0 G)g m- C/l m ;u < 0 m C/l ~ r- ~ tIoI 6"~W ~~ .. ("- -.>>~'OW Ut~ i ~ ~ CO I.l U\ ~..o 8 -< ~ aaS .c.4U1.t:. 4000 Q ~ d :IS ... ~ .... tAlb..t= - . ~-- 000 00 - - .~ 1..1:: 0 ~ . ... 0 '~ 8 .c. g: 0 0 0 0 ~ _..:J t.N:- Vol \N w ("OP4-.l ... - ..1) ~c 1-) ..;) 01 -0 ~ U' )oJ - '" .:"-lJ , I.) IaJ W os -ttQl1U\ - '0 '"..l .. "'eo~.... -- tJto-oo o .t- o I. - ~ \J) .:""1 .r:. tJ eo .D w - o 00 .D 0000 .D GO ATTACHMENT 1 ~ 0:> .... 8 "'" I/l ~ < ~ ~ ~ ~ :t J '1J :;u o c.... m o -1 "tJ o r (") m m < o m Z (") m C/) -l o ;;0 l> c;) m OJ r o c;) (") -I -< OJo 0"Tl -I:E l>J: OJm Cl> r-l l>;;o -1- -0 Oc;) Zm (") o .. m"'o"'-t-'" Zorn 0 0 ~or:D:u G)~oc,,,, -C/ltQmOo Z-t-..oU'l"Uo mzO)>1 mG)01~~~ :;uorrS r _fg,< ~ Z z~ Nm 0 G)o" .......<0 ""OUiO 00'0 ,Z3 o m ITEM NO' i.B. REQUEST FOR CITY COUNCIL ACTION Iy'?'f""'" ro COUNCIL MEETING DATE: August 22, 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date ~) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes ') . ,.4, 'i ; 1::--;--; i.I}:},,!; --l/:1/il()[(Li{ " I, \orCity Manager I ~ No - EXECUTIVE SUMMARY: The City of Wheat Ridge has been awarded a US Department of Justice Edward Byrne grant m the amount of $30,968 The polIce department anticipates expendmg thiS grant during 2005-2006 to enhance their crime prevention program wIth the addition of a school resource program, crime preventIon and education programs, and addition of a forenSIC digital Imaging system. Grant funds will be utIlized to purchase necessary equipment inc1udmg computers, software, cameras, and digital presentation equipment. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: A ward of the grant WIll assist the City of Wheat Ridge to develop and implement community policing strategies within the city through the community outreach and education programs and the development of relationships With all community members. ALTERNATIVES CONSIDERED: Not accept grant and declIne assistance of $30,968. FINANCIAL IMP ACT: By accepting the grant, the city will receive $30,968 for assistance m implementing various community polIcing strategies. RECOMMENDED MOTION: "I move to approve Resolution No 44-2005 amending the tiscal year 2005 budget to ret1ect acceptance of the Edward Byrne Memorial Bureau of Justice Assistance Grant and addmg $30,968 mto the Police Department account 01-201-650-660." Or "I move to table indefinitely acceptance of the Edward Byrne Memonal Bureau of Justice AssIstance Grant. " Report Prepared by' Reviewed by' Barbara Delgadillo, Assistant to the City Manager G. Randy Young, City Manager -- Ibd Attachments: I Resolution No. 44-2005 cc: JD Jepkema 2005 acceptance of grant - agenda item.doc RESOLUTION NO. 44-2005 Series 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL BUREAU OF JUSTICE ASSISTANCE GRANT WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to assist the Wheat Ridge Police Department in purchasing equipment to develop and implement community policing strategies for school resource officers, crime prevention and education, and forensic digital imaging equipment; and WHEREAS, the City Council deSires to accept the grant in the amount of $30,968, and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a ResolutIOn. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City hereby accepts the grant. - B The City Manager is authorized to execute all documents necessary for the acceptance of the award. C. Upon receipt of the funds, that the funds be placed in the general fund. D The City of Wheat Ridge fiscal year 2005 budget be amended accordingly, specifically adding $30,968 into the PolIce Department expense account 01-201-650-660 DONE AND RESOLVED THIS 22nd day of August 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTACHMENT 1 ITEM NO: 1.. c.. REQUEST FOR CITY COUNCIL ACTION w----~ /"":'f"~, r~ COUNCIL MEETING DATE August 22, 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSIST ANCE BULLETPROOF VEST GRANT D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR I ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial D Yes (j~~t; I j /j)// "- .J J./'M/vl,~ !. /, I " , CIty Manager I! \:,01 IZI No - EXECUTIVE SUMMARY: The City of Wheat Ridge has been awarded US Department of Justice Bulletproof V est matching grant in the amount of $13,954.32. Staff anticipates expending this grant during 2005 for the purchase of bullet proof vests for new and existing staff. In order to receive thIS grant, the City must match the grant amount of$13,954.32. The Police Department orders new vests each year. This year a combmation of approximately 23 new and replaced vests will be ordered. In order to accept the grant, a resolution amending the fiscal year 2005 budget must be approved to reflect acceptance of the US Department of Justice Bulletproof V est Grant and the addition of $13,954.32 into the Police Department uniforms and protective clothing account #01-211-700-730 for expenditure of those funds. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: None. AL TERNA TIVES CONSIDERED: Not accept grant and decline matching assistance of$13,954.32. FINANCIAL IMPACT: By acceptmg the grant, the city wIll receive a reimbursement of up to $13,954.32 for the cost for vests only RECOMMENDED MOTION: "I move to approve Resolution No. 43-2005 amending the fiscal year 2005 budget to ret1ect acceptance of the Bureau of Justice Assistance Bulletproof V est Grant and adding $13,954.32 into the Police Department uniforms and protective clothmg account (01-211-700-730)." Or "I move to table indefinitely acceptance of the bulletproof vest grant." Report Prepared by: Reviewed by' Barbara Delgadillo, Assistant to the City Manager G. Randy Young, City Manager - /bd Attachments: 1 Resolution No. 43-2005 cc: JD Jepkema acceptance of grant - agenda item -- RESOLUTION NO. 43-2005 Series 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to asSiSt the Wheat Ridge Pollce Department in purchasing bulletproof vests; and WHEREAS, the City Council desires to accept the grant in the amount of $13,954.32; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City hereby accepts the grant. B The City Manager is authorized to execute all documents necessary for the acceptance of the award. - C. Upon receipt of the funds, that the funds be placed in the general fund. D. The City of Wheat Ridge fiscal year 2005 budget be amended accordingly, specifically addmg $13,954.32 into the Pohce Department uniforms and protective clothing account (01-21 1-700-730). DONE AND RESOLVED THIS 22nd day of August 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Y. Anderson, City Clerk ATTACHMENT 1 ITEM NO. -.1-. 'D. REQUEST FOR CITY COUNCIL ACTION I '" 0~d '~) I COUNCIL MEETING DATE August 22, 2005 TITLE: RESOLUTION 40-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,000.00 FOR ANNUAL APPRECIATION DINNER. o PUBLIC HEARING i:8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-JudIcial: o Yes i:8J No ~Odw Ity Clerk ,'-, , I I \ , I I /1""-:7 j '/, /. i ,'-, / iff 1,11" ,.y If/lA, (^1#\' ,I -t6< CIty Manager I EXECUTIVE SUMMARY: During the August 1, 2005 Regular Study SessIOn direction was given to bring forward a budget supplemental appropriation for the LegIslative Services. The supplement is to mcrease the aIllount allocated for the Annual Board and Commission AppreciatIon Dinner by $3,000.00 for a total allocation of $5,000.00 for the 2005 Adopted Budget. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The City Council wishes to expand the current allocation to allow for the reception to include a dinner in appreciation for the volunteers that serve on all of the various Boards and Commissions. The relatIOnship between the City Council and the Boards and Commissions correspond to the City of Wheat Ridge Strategic Plan goal of a "Strong PartnershIp between the CIty and Community" The hours that the Board and Commission members dedicate to allow the City to conduct business represent what would be eqUIvalent to several thousands of dollars in compensation m the private sector. The dinner would be in appreciation for those volunteer efforts. AL TERNA TIVES CONSIDERED: Do not approve Resolution 40-2005 Alternatively, the current allocation may be maintained, and an increase in allocatIOn can be considered for the 2006 Proposed Budget. The approved budget can be used for alternatIve approaches to demonstrating appreciatIon. FINANCIAL IMP ACT: Funds were not appropriated in the 2005 budget for the addItional allocation for The Annual Board and Commission Dinner A supplemental budget appropriation from General Fund undesignated reserves, in the amount of $3,000.00, is necessary to pay for this expenditure. RECOMMENDED MOTION: "I move to approve Resolution 40-2005, a Resolution amending the fiscal year 2005 General Fund budget to reflect the approval of a budget supplemental appropriatIOn from the General Fund undesignated reserves in the amount of $3,000.00 to account #01-102-700-712 for Annual Appreciation Dinner" - or, "I move to table indefimtely Resolution 40-2005, for the following reason(s) " Attachments: 1 Resolution 40-2005. Report Prepared by: Pam Anderson, City Clerk Reviewed by: Randy Young, CIty Manager RESOLUTION NO. 40 Series of 2005 TITLE: RESOLUTION 40-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,000.00 FOR THE ANNUAL APPRECIATION DINNER. WHEREAS, the relatIOnship between the City Council and the Boards and CommissIOns correspond to the City of Wheat RIdge Strategic Plan goal of a "Strong Partnership between the City and Community", WHEREAS, the hours that the Board and Commission members dedicate to allow the City to conduct business represent what would be equivalent to several thousands of dollars in compensation in the private sector, WHEREAS, the Mayor and CIty Council wish to observe their appreciation to the volunteer efforts of the current Board and Commission members by hosting a dinner, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: - A. The City of Wheat Ridge 2005 General Fund Budget be amended accordmgly, specifically transferrIng $3,000 00 from General Fund undesIgnated reserves into account #01-102-700-712. DONE AND RESOLVED THIS 22nd day of August, 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk ITEM NO' ~. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE August 22, 2005 TITLE: COUNCIL BILL 13-2005 - AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT [gJ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:) [gJ ORDINANCES FOR 2ND READING I \ 'I 1f /_) ') \j D Yes [gJ No Quasi-Judicial: City Attorney ," ! , '1 t I , '7 "'. t . ,} ;/ ~ ai]{ ( it-' J/ II (o( City Manager : ' - 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 obtain 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 daIllage 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 Bil113-2005, an Ordinance approving the grant of an easement through Open Space to Denver Water Department, on second reading, and that it take effect 15 days after final publication." or, '"I move to table indefinitely Council Bill 13-2005, an Ordinance approving 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 Manwaring, Director of Parks and Recreation Randy Young, City Manager Reviewed by' Attachments: 1. Council Bill 13-2005 (with attached Easement Agreement as Exhibit A) CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ADAMS 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 6 3 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 - EXHIBIT A Easement Agreement WRCA 020 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT IS made between CITY OF WHEAT RIDGE, a municipal corporation, heremafter called "Grantor", (whether grarrunatlcally smgular or plural) and the CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS, heremafter called "Board". WITNESSETH: For and in consideration of the sum of THIRTY-ONE THOUSAND SIX HUNDRED AND NO/I00 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 right to enter, re-enter, occupy and use the described property to construct, maintam, repalI, replace, remove, enlarge and operate one or more water pipelines and all underground and surface appurtenances thereto, mcludmg electric or other related control systems, underground cables, WlIes and connectIOns and surface appurtenances. By way of example and not by way of lImitation, the parties intend to include WIthin the terms "pIpelines" and "appurtenances" the followmg: mains and condUIts, valves, vaults, marIholes, control systems, ventilators, and the like, m, through, over and across the following described parcel of land situate, lymg and being 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 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, retairung 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 building, fence, street lIght, power pole, yard light, mail box or Sign, temporary or permanent, or shrub, tree, woody plant or nursery stock, of any kind situated on the above described easement as of the date of this Agreement, may be removed by the Board without liability for damages ansing therefrom. <:'0' .~,::t'II:' 3 Fencmg existing at the tIme of this Agreement which IS dIsturbed or destroyed by the Board or its agents m constructmg its facIlItles 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 right to occupy the easement in order to protect its interests in and right of occupancy of the easement at all times and particularly dunng tImes of construction, repaIr, removal, replacement or enlargement of water facihtIes. 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 herein. It is speCIfically agreed between the parties that the Grantor shall take no action wluch would impair the earth cover over, or the lateral or subJacent support for any water pipeline or lmes and appurtenances withIn 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, wntten 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 in cultIvated and agricultural areas, and any excess earth resultmg from mstallatlOns by the Board shall be removed from the easement at the sole expense of the Board. The Board agrees that for a period of one-year following construction whICh involves dIsturbance of the surface of the ground, the Board WIll maintaIn the surface elevatlon and qualIty of the SOlI by correctmg any settlIng or subsidmg that may occur as a result of the work done by the Board. - 7. The Grantor has retained the nght to the undisturbed use and occupancy of the subJect property msofar as such use and occupancy IS conSIstent WIth and does not unpair any grant herein contamed and except as herein otherwise provided. Without limitmg the generality of the foregoing 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 rights hereunder forthwith or it may postpone the exercise of all or some part of its rights hereunder to some indetermmate future time. The Board is acqUIring the nghts m the subJect property in order to insure to the Board a dominant easement for the exercIse of the Board's functions and that the exercise of any nghts in the subject property other than those retained by the Grantor shall be within the dIscretion of the Board. 9. Ifthe Board abandons use and operatIon of the pipehne facilIties laid pursuant to this easement, such abandonment shall not constitute abandonment of its rights under this easement. 2 ~.~"~.C!'" 1 0 The Grantor warrants that Grantor has full right and lawful authority to make the grant contamed herem, and promises and agrees to defend the Board m the exercIse of Its nghts hereunder agamst any defect in Grantor's title to the land involved or Grantor's nght to make the grant contamed herem. 11. Each and every one of the benefits and burdens of tills Agreement shall mure to and be binding upon the respective legal representatives, heIrs, executors, adrmmstrators, successors and asSIgnS of the parties. 12. For the resolution of any dispute arising from thIs Agreement, venue shall be m 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 bmdmg on any of the partIes with respect to the subJect matter of tills 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: Notwithstanding the provisions of paragraph 8, the Board acknowledges the eXIstence of a non-exclusive easement granted to the Fruitdale Sanitation Dlstnct for water and/or sarutary sewer lmes located withm the Board's easement at the northernmost portIOn ofthe easement and recorded under Reception Number 79105298 on November 19, 1979 III 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 sign~d b :;, '; , the appropnate representatIve of the Board. Y < ATTEST. CIty of Wheat Ridge, a murucIpal corporation Pamela Anderson, City Clerk Gretchen Cerveny, Mayor APPROVED AS TO FORM: Gerald E. Dahl, City Attorney STATE OF COLORADO ) ) S5. 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, acting by and through ItS BOARD OF WATER COMMISSIONERS By: H.J. Barry, Manager Jon L. Diebel, DIrector of Engineenng Date: {S E A L} ..oF _CONDUlT-NUMBER-IS9 _11853-3 _COND-EAS 4 ---- - . . -=-~finih'H""~,^' '. '''r..=~ A pa.rcel of land sltu~ted In the northwest quarter of the southeast quarter (NW% SE%) 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..PfT1gl.doc Denver Water 1600 West 121h Avenue Denver, Colorado 80204 Name and Address 01 Person Creating Newly Created Legal Description (938-35-106.5,C.A.S.) SE 1 4 --- --- -1 -1 Or 66 No 22.01-75 --- P ~OPEm1Y Of! Cl1Y Or ~JHi:!A 1 RlnSS NE 1/4 NW 1/4 SE 1/4 SEC 21 N C-N-SE ~ Cor Sec 21 Lone Engineers 1~" Alum. Cop ole Rebar Jv68"< 0',<" Iy -1, 1.0,). N89"29' 40"E ~ N u;. SE '/~ NW ,/4 ~ ~ 2'- 5 G ... . i! '" UJ ............ NOO"5'03"~ 1-, a............. 24.09' 9 ~ _______ ............ Ill"" __ rlO -- g............ ,~............ ............ VI ............ ~<_~............ ............ ............~ -- ~ ---- ~ \ \ SE 1/4 NW 1/4 \\ \ \ SE 1/4 SEC 21 BASIS OF BEARING: Bearings ore based on the north line of the southeost quarter of the northwest quarter of the southeast quarter of Section 21 being N89"29' 40"E. 100 0 IJ""'~.........-....- 100 200 SCAU: IN FEET PARCEL CONTAINS 0.755 ACRE:*: LEGEND ~ EASEMENT ACQUIRED DENVER ~VATER CONDUIT NUMBER 159 EASEMENT ACQUIRED FROM CITY OF 'MiEA T RIDGE :Tt:: FEBRUARY 11 2005 SCALE: I" 100' CAD 11853-3J'MGT o.w.o. PReP, ADMWt. $1tl. 0JJ001 ITEM NO: 3. REQUEST FOR CITY COUNCIL ACTION '/$~' ~~IUI COUNCIL MEETING DATE August 22,2005 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 ISI PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date.) ISI ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes ISI No - 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 m 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 m 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 ordmances, requires that all publications of ordinances, either in full after approval on first reading 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 9 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 Transcnpt, 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 amendmg the Charter- I. Notices and ordinances published in the Wheat Ridge Transcript simply do not reach the majority, or even a substantial mmority 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 in 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 in 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 ordinances and notIces of special meetings, to mc1ude postmgs at locations approved by the Council, posting on the City's website, on the Internet or in alternate locations or formats determined by the Council to satisfy the goal of fully advising the public. AL TERNA TIVES CONSIDERED: Do not adopt the ordinance. 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 16.8(b), Concerning Publication of Notices of Special Meetings and Ordinances on second reading, and that it take effect 15 days after final publication." or, "I move to table indefinitely 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 for the followmg reason(s) " Report Prepared by: Reviewed by: Gerald Dahl, City Attorney (303) 493-6670 Pam Anderson, City Clerk Randy Young, City Manager Attachments: I. 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 in 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 mcreased efficiency because the cost projections for publIcations as currently mandated will increase significantly due to changes in the local newspaper market. If the amendment IS adopted by election, a significantly larger number of people will have access to the information at a reduced cost. pa:pa - ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG 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 5.12(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 newopaper of general circulation in the City of Whe::lt Ridge ANY MANNER WRCA 026 ATTACHMENT 2 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. Sec. 5.12 Procedure. (h) Ordin:mccc Gh~1I be publiched 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: (1)PUBLlCATION IN A NEWSPAPER OF GENERAL CIRCULATION; (2)POSTING ON THE CITY OF WHEAT RIDGE WEBSITE; (3)POSTING ON THE INTERNET; OR (4)POSTING AT LOCATIONS 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 WRCA 026 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. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of August, 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 August 22, 2005, at 7.00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2005. - WRCA 026 SIGNED by the Mayor on this _ day of ,2005. ATTEST: PAMELA Y. ANDERSON, CITY CLERK GRETCHEN CERVENY , MAYOR APPROVED AS TO FORM BY CITY ATTORNEY GERALD E. DAHL, CITY ATTORNEY - 1 st Publication: August 11, 2005 2nd Publication: Wheat Ridge Transcript Effective Date: WRCA 026 ITEM NO' Ll. REQUEST FOR CITY COUNCIL ACTION ~4'~1 I $ I rlU ~rl I c '- I lcc.~~~.~~~. ~. '\~(~ I pI.~",~=,j lj~ ~-- - FI-,,~,) "C(' " " , ),----1 "2>) I COUNCIL MEETING DATE. August 22, 2005 TITLE: RESOLUTION 42-2005 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE WEST METRO FIRE PROTECTION DISTRICT, WHEAT RIDGE FIRE PROTECTION DISTRICT AND THE CITY OF WHEAT RIDGE TO COMBINE COMMUNICATIONS RESOURCES. o PUBLIC HEARING o BIDS/MOTIONS [gJ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-JudiCIal 0 Yes [gJ No I , /'-\ I',);" '- GJIfLA l.A ' . - I / ,,/ f"0( City Manager ; I {Jd!~- hlef of 0 ce - EXECUTIVE SUMMARY: On April 6, 2005, PolIce Chief Dan Brennan prepared a staff report concerning the radio replacement project. On April 11 ,2005, the staff report, request for City Council Action Form and Resolution No. 20, Senes of 2005 was presented to and subsequently approved by City Council. During the presentation, one of the recommendations was to enter into an Intergovernmental Agreement With the West Metro Fire Protection DistriCt, and the Wheat Ridge Fire Protection DIstrict. The purpose of thIS Agreement is to proVIde a method by which the City of Wheat Ridge, West Metro Fire ProtectIon Dlstnct, and the Wheat Ridge Fire Protection Distnct can combine existing frequencies and hardware, leverage the currently authorized grant funding and related commulllcations purchases to provide a reliable, low maintenance, commulllcations system to enhance public safety, homeland security, communications interoperability, and improve radio Signal coverage on a long-term basis. West Metro Fire Protection District and the Wheat Ridge Fire Protection DIstrict have approved the Intergovernmental Agreement. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: Wheat Ridge currently has a propnetary radIo system with a coverage rate of 67% By combining efforts WIth West Metro coverage WIll improve to 95(j[, Interoperability WIth nelghbonng mumclpahtles WIll Increase by partnenng WIth West Metro. In 2003, the City of Wheat RIdge applied for and was awarded a Homeland Security grant to address these issues. ALTERNATIVES CONSIDERED: Options considered were to JOIn another agency's existIng radio system or upgrade Wheat Ridge's system. After much research, it was decided that joinIng forces with West Metro was the most cost effectl ve and best chOIce for the City of Wheat RIdge FINANCIAL IMPACT: The staff report, dated April 6, 2005, made recommendatIOns regardIng the replacement of the radIO system for the City of Wheat Ridge. One of the recommendatIOns was to enter into an Inter- Governmental Agreement with the West Metro Fire ProtectIOn District and the annual City budget for the agreement was expected to be approximately $75,00000 each year for the next five years. As this proJect contmues, the antIcipated costs have been further refined. The costs listed below are those for the first year of the agreement. These costs WIll be pro-rated for the year 2005, and will not exceed the total cost lIsted below The exact costs for 2005 have not been determmed at this time. - The momes for this expendIture are located In the City Council approved 2005 budget. . One-half man-year of technical support, InclUSIve of benefits. not to exceed. . One-half Mount Momson Tower Lease payments . EqUIpment repair facilities/utilitIes/test eqUIpment . VehIcle/fuel/maIntenance . One-Quarter FX (software/firmware) maintenance agreement $42, 77131 $12,<m.oo $5,cm.OO $ 5,cm.OO $18,750.00 ~L31 Other financial considerations: a Moullt Murrisoll lcase shall be capped at a maximum 5% per year of the all/lual contract amount. a Overtime costs (technical support) shall be invoiced at one and one-halftime. a Repair parts, batteries, replacement radios, shall be invoiced separately a Cost and expenses of specialized training (travel, lodging and meals) with Wheat Ridge's contributiun not to exceed olle-quarter RECOMMENDED MOTION: "I move to approve ResolutIon 42-2005 - A Resolution approvmg an mtergovernmental agreement (IGA) between the West Metro Fire ProtectIOn District, Wheat Ridge Fire Protection District and the City of Wheat Ridge to combine Communications Resources." Or, "I move to table mdefimtely Resolution 42-2005 for the following reason(s) Report Prepared by' Joe Cassa, SUpp0l1 ServIces Bureau Commander Reviewed by' Damel Brennan, Chief of Police Attachments: 1 Staff Report, City CouncIl Action Form, and Resolution No 20, Series of2005, presented and approved by City Council on Aprilll, 2005 2. Request for CIty Council Action for Council meeting August 22, 2005 3 Proposed Resolution No. 42, Senes of 2005 4. lGA Originals signed by West Metro Fire ProtectIOn DIstrict, and the Wheat Ridge Fire Protection District. - WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Gretchen Cerveny and City Council VIA: Randy Young, City Manager FROM: Daniel Brennan, Chief of Police DATE. April 6, 2005 SUBJECT: 2003 Homeland Security Grant: Radio Replacement Project BACKGROUND In 1996, the City purchased the current radio system (system infrastructure, radios, and consoles) for the police, public works, and parks and recreation departments. The Wheat Ridge Fire Protection District was also an end user of the new system, and purchased radios. The current radio system is a Motorola, 5-channel, 800 MHz analog, trunked communication system. At the present time there are two major vendors of public safety radio communications systems within the State of Colorado (1) Motorola (often referred to as the State System), and (2) M/A- COM (often referred to as the Enhanced Digital Access Communications System or EDAC S.). - In the past two years, local and national homeland security has become of paramount importance Subsequently, the Federal Office for Domestic Preparedness (ODP) provided financial assistance to selected urban areas through the FY 2003 Urban Areas Security Initiative (U.A.S.I ) The Cities of Denver, Wheat Ridge, and the Wheat Ridge Fire Protection District were the recipient of a 2003 UAS I grant in the amount of $ 1,679,185 00 to provide a MIA-COM radio system to the City of Wheat Ridge and the Wheat Ridge Fire Protection District. The purpose of the grant is twofold: (1) To improve radio coverage for the City of Wheat Ridge, and the Wheat Ridge Fire Protection District, and (2) provide opportunities for radio system interoperability within the Denver Metro Public Safety communities most of whom use the MIA-COM system. Included in the grant award was $124,83319 for improvements of the Denver E.D.A.C S system. As of today, the grant monies available to Wheat Ridge and the Wheat Ridge Fire Protection District is $1,553 529 70 OVERVIEW There are two major issues with the current radio system. The first issue is that of radio coverage The City has hired a consultant to assist with this project. The consultant, Pericle Communications Company, has conducted several drive tests throughout the City to determine radio coverage. This study shows that the City currently experiences approximately 67% radio coverage throughout the City. This has resulted in morale and officer safety issues within the police department, and was mentioned as a recommendation in the organizational assessment report. ATTACHMENT 1 Page 1 of4 The second issue involves interoperability Interoperability is the ability to communicate with other public safety agencies The current radio system offers limited interoperability with other agencies. Such interoperability involves the "patching" of radio transmissions through the communications center Direct car to car radio interoperability with other law enforcement agencies does not exist on the current system. The new system offers more advantages for the following reasons. (1) Our bordering law enforcement agencies (Denver, Lakewood, and Arvada) operate on the MIA-COM system; (2) regional direct car to car interoperability will be possible with other MIA-COM users (Stargate), and other vendors, such as Motorola (Network First). An additional issue involves the purchase of radio equipment for the Parks and Recreation Department and the Engineering Department within Public Works. The grant monies can only be spent on those city departments or portions of the department which are considered as "first responders" Therefore, City funds will have to be used to purchase this additional radio equipment for the public works and parks and recreation departments to complete the radio replacement project. ALTERNATIVES The original homeland security grant was submitted on behalf of the Cities of Denver and Wheat Ridge, and the Wheat Ridge Fire Protection District. The negotiations process with Denver was conducted by former Police Chief Jack Hurst. Interim Police Chief Joe Cassa was involved in the final stages of negotiations with Denver The West Metro Fire Protection District also identified an alternative radio system available to the City for consideration. As the proposed Inter-Governmental Agreement with Denver was being finalized, it was decided to re-examine the possibilities with West Metro Fire. The City's consultant for this project was requested to conduct a study of these two alternatives, based upon the following factors. (1) Radio coverage, (2) cost, (3) operating relationship, and (4) support. The decision was made to partner with West Metro for the following reasons. }y Radio coverage is expected to be slightly better based upon the type of antenna and location of the antenna on Mt. Morrison. There will be two sites accessed by the City The Mt. Morrison site is expected to provide a minimum of 95% radio coverage, and the Green Mountain site is expected to provide a minimum of 85% radio coverage These estimates are based upon the drive tests completed by the Pericle Communications Company }y The recurring costs for the first five years, based upon the negotiated rates with Denver, are less, as are the fixed costs: o Recurring Costs. Denver @ $590 thousand, and West Metro @ $374 thousand. o Fixed Costs. Denver@ $1 55 million and West Metro @ $1 53 million. }y West Metro offers a 25 year IGA, with successive 10 year renewal periods, whereas Denver offers a 5 year IGA, with successive 5 year renewal periods. It is noted that both agencies offer excellent support, with a slight edge to Denver because of their size and scope of the Electronics Engineering Bureau. Page 2 of 4 The police department has been in the process of specifying and listing the necessary equipment for this project. Equipment costs have been listed as follows. Proiected Grant Revenues >- Original Grant Amount: >- Denver Grant Amount: >- Wheat Ridge Grant Amount Adjustment: Wheat Ridge Grant Final Amount: $1,679,18500 $ 124,833.19 $ 822.11 $1,553,529.70 Proiected Radio RelJlacement Proiect EXlJenses >- Police Department: >- Municipal Court: >- Public Works (First Responder) >- Accessories. > Administrative/Project Engineering >- Site Upgrade Costs. >- Wheat Ridge Fire Protection District: Total Expenses: $ 596,661 96 $ 16,13900 $ 120,02700 $ 48,164 68 $ 173,75602 $ 263,711 00 $ 355.151.00 $1,573,610.66 Difference Between Projected Grant Revenues And Projected Radio Replacement Project Expenses -$ 20,08096 The reasons for the grant amount being exceeded are twofold. The first involves an increase in costs by the radio system vendor MIA-COM. The pricing originally quoted was current as of 2003 Secondly, the grant requires the APCO P25 common air interface which was not in the original vendor quote. - There are additional costs for the police department equipment and software feature that will be incurred in addition to the shortfall noted above. These costs are. >- Upgrade of the logging recorder' >- Replace police vehicle antennas. > Radio leather holsters (police). >- Priority Scan (police): Total: $10,000.00 $ 3,000 00 $ 2,520 00 $11,360.00 $26,880 00 The total additional costs that are grant related is $46,960 96 The APCO P 25 common air interface is a software feature to provide radio interoperability between MIA-COM radio systems and Motorola radio systems. This feature provides for direct radio to radio communications between the systems of these two vendors. An upgrade to this feature allowing the direct communication with the dispatch consoles will have to be addressed by City Council at a future date. Page 3 of 4 There are alternatives to the funding of those radio project equipment costs that are not grant funded for the Parks and Recreation Department and the Engineering Section of the Public Works Department. Alternatives have been developed for both departments, and are " Fund the Engineering Section equipment costs, which include the P25 interface in the amount of $ 22,832.00 " Fund the Engineering Section equipment costs without the P25 interface in the amount of $ 18,366 00 " Fund the Parks and Recreation Department equipment costs to include portable and mobile radios which include the P25 interface in the amount of $ 87,898 00 " Fund the Parks and Recreation Department equipment costs to include portable and mobile radios without the P25 interface in the amount of $ 59,502.00 RECOMMENDATION It is recommended that the City enter into an Inter-Governmental Agreement with the West Metro Fire District to provide radio communication services. It is expected that the annual City budget for the agreement will be approximately $75,000 00 each year for the next five years. It is also recommended that the City enter into an Inter-Governmental Agreement with the Wheat Ridge Fire Protection District for the provision of radio communication services pertaining to the IGA with the West Metro Fire District. The agreement with the Wheat Ridge Fire Protection District sets forth a one-third (1/3) sharing of the communications system cost as specified in the West Metro Fire District agreement. With regards to the purchase of radio communications equipment for the City, the following recommendations are submitted for review and approval of the City Council. " Fund the additional $46,960 96 as explained above due to the cost increases above the original grant costs. " Fund the option submitted for those radios in the Public Works Department Engineering Section including the P25 interface in the amount of $ 22,832.00 " Fund the option submitted for those radios in the Parks and Recreation Department which includes the purchase of portable and mobile radios to include the APCO P 25 common air interface in the amount of $ 87,898 00 Total recommended funding about grant award is $157,690.96. The inclusion of the APCO P25 feature throughout the City radio system will allow for the sharing of these resources by all City department personnel when the need arises. It is recommended that a contingency fund in the amount of $90,000 00 be approved to cover unanticipated costs that may be encountered as this project is implemented This contingency fund is covered by monies approved by City Council in the 2005 budget. In the near future, MIA-COM will be making additional upgrades to the APCO P25 feature. At this time it is difficult to predict what this expenditure will be. It is strongly recommended the City begin to set aside dollars, as we do for the Capital Improvement Project (CIP), specifically for radio, CAD, and RMS upgrades. The contents of this staff report represent the progress made to date with this project. The costs contained within this ,taft report are preliminary in nature and are subject to change The City management staff and City Council will be kept informed of any changes Page 4 of 4 ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April I l, 2005 TITLE: RESOLUTION 20-2005 - A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OFA SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $157,690.96 FOR THOSE COSTS ASSOCIATED WITH THE RADIO REPLACEMENT PROJECT THAT ARE ABOVE THE U.A.S.I GRANT A WARD o PUBLIC HEARING o BIDSIMOTIONS [gJ RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes [gJ No flj/L/!~~M<.z ~hiefof o' e - Cit~~ - EXECUTIVE SUMMARY: In 1996, the City purchased its current radio system (system infrastructure, radios, and consoles) for the Police, Public Works, and Parks and Recreation Departments. The Wheat Ridge Fire Protection District is also an end user of the current system and has purchased radios for the District's use. The current system provides approximately 67% coverage throughout the City and offers limited interoperability to enable the police department to communicate with other public safety agencies. To increase officer safety and efficiencies in operations, it is recommended that the current radio system be replaced. In the past two years, local and national homeland security has become of paramount importance. Subsequently, the Federal Office for Domestic Preparedness (ODP) provided financial assistance to selected urban areas through the FY 2003 Urban Areas Security Initiative (U.A.S.I.) to assist local governments with their security needs. The Cities of Denver and Wheat Ridge are the recipients of a 2003 U.A.S.1. grant award. Wheat Ridge's portion of this grant totals $1,553,52970 The purpose of the grant is twofold: (I) To improve radio coverage for the City of Wheat Ridge and (2) provide opportunities for radio system interoperability between the Denver metro area public safety communities. The grant award will cover all but $46,960.96 of the expenses directly related to this project. In addition, the grant will not cover the replacement of radios for those City operations that are not considered "first responders" which totals $110,730.00. It is also recommended that a contingency fund of $90,000 00 be established, from funds already budgeted in the 2005 Budget, to cover unanticipated costs that may be encountered as this project is implemented. ATTACHMENT 2 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: There are two major issues with the City's current radio system. The first issue is that of radio coverage. The City has hired a consultant to assist with this project. The consultant, Pericle Communications Company, has conducted several drive tests throughout the City to determine radio coverage. This study shows that the City currently experiences approximately 67% radio coverage throughout the City This has resulted in morale and officer safety issues within the police department, and was mentioned as a recommendation in the organizational assessment report. The second issue involves interoperability Interoperability is the ability to communicate with other radio systems. The current radio system offers limited interoperability with other agencies. Direct car to car radio interoperability with other law enforcement agencies does not exist on the current system. The new radio system offers more advantages for the following reasons: (1) Our bordering law enforcement agencies (Denver, Lakewood, and Arvada) operate on the same system; (2) regional direct car to car interoperability will be possible with other MIA-COM users (Stargate), and other vendors, such as Motorola (Network First). The third issue involves the purchase of radio equipment for the Parks and Recreation Department and the Public Works Department. The grant monies can only be spent on those city departments or portions of the department which are considered as "first responders" Therefore, City funds will have to be used to purchase this additional radio equipment for the Public Works and Parks and Recreation Departments to complete the radio replacement project. The final issue involves the grant award not covering the total cost of the new radio system. The reasons for the grant amount being exceeded are twofold. The first involves an increase in costs by the radio system vendor MIA-COM. The pricing originally quoted was current as of2003. Secondly, the grant requires the APCO P25 common air interface, which has substantially increased in price from the original vendor quote. - Intergovernmental Agreements (IGA's) with the West Metro Fire District and the Wheat Ridge Fire Protection District for this project are currently being developed and will be brought forward to City Council at a future meeting for approval. ALTERNATIVES CONSIDERED: The alternative is for the City to purchase a complete, stand alone, radio communications system. To purchase the system infrastructure and other equipment necessary to provide the City it's own, stand alone, system would exceed an additional $1.5 to $2.0 million dollars. FINANCIAL IMPACT: Projected Grant Revenues ~ Original Grant Amount: ~ Denver Grant Amount: ~ Wheat Ridge Grant Amount Adjustment: Wheat Ridge Grant Final Amount: $1,679,18500 $ 124,833.19 $ 822.11 $1,553,529.70 Projected Radio Reolacement Project Expenses ~ Police Department: ~ Municipal Court: $ 596,661.96 $ 16,139.00 )> Public Works (First Responder) )> Accessories: )> AdministrativelProject Engineering: )> Site Upgrade Costs: )> Wheat RIdge Fire Protection District: Total Expenses: $ 120,02700 $ 48,164.68 $ 173,756.02 $ 263,71 I 00 $ 356,195.00 $1,574,654.66 Difference Between Projected Grant Revenues And Projected City Radio Replacement Project Expenses: -$ 20,080 96 Difference Between Projected Grant Revenues And Projected WRFPD Radio Replacement Project Expenses: -$ 1,04400** ** Note: The Wheat Ridge Fire Protection District, through Fire Chief Jim Payne, has agreed to pay this cost. There are additional costs for the Police Department equipment and software feature that will be incurred in addition to the shortfall noted above. These costs are: )> Upgrade of the logging recorder: )> Replace police vehicle antennas: )> Radio leather holsters: )> Priority Scan. Total: $10,00000 $ 3,00000 $ 2,520 00 $1 L360.00 $26,880.00 - Grant total additional grant related costs: $46,960.96 The non-grant costs to complete the radio replacement project include the following: );> Public Works Engineering with P25 Interface: );> Parks & Recreation Department with P25 Interface: Total: $ 22,832.00 $ 87.898.00 $110,730.00 The costs to the City for this project are summarized as follows: );> Difference between Grant Revenues & Project Expenses. );> Additional Police Department Costs: );> Non-grant costs to complete project: Total Project Costs in excess of grant award: $ 20,08096 $ 26,880.00 $110.730.00 $157,690.96 RECOMMENDED MOTION: "I move to approve Resolution 20-2005 - A Resolution Amending the General Fund 2005 Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amonnt of$157 ,690.96 for those Costs Associated with the Radio Replacement Project that are Above the U.A.S.I. Grant Award. I further move to authorize a contingency fund in the amount of$90,000 from 2005 budgeted funds for unanticipated expenditures related to this project and that these fnnds be encumbered for the length of this project." or, "I move to deny Resolution 20-2005 - A Resolution Amending the General Fnnd 2005 Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$157 ,690.96 for those Costs Associated with the Radio Replacement Project that are Above the U.A.S.I. Grant A ward for the followingreason(s) " Report Prepared by: Reviewed by: Joe Cassa, Police Bureau Commander Dan Brennan, Police Chief Patrick Goff, Deputy CIty Manager - Attachments: I. Resolution 20-2005 RESOLUTION NO. 20 Series of 2005 TITLE: A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $157,690.96 FOR THOSE COSTS ASSOCIATED WITH THE RADIO REPLACEMENT PROJECT THAT ARE ABOVE THE U.A.S.I. GRANT A WARD WHEREAS, the City's current radio system provides only approximately 67 percent coverage throughout the City and offers limited interoperability to enable the Police Department to communicate with other public safety agencies; WHEREAS, CIty Council is committed to increasing officer safety and providing quality public safety servIces to the residents of Wheat Ridge; WHEREAS, the CIties of Denver and Wheat Ridge are the recipients of a 2003 V.A.S.l. grant to fund the RadIO Replacement Project; WHEREAS, the u.A.S.I. grant will cover all but $157,690.96 of the expenses for the Radio Replacement Project; - NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2005 General Fund Budget be am~nded accordingly, specifically transferring $157,690.96 from General Fund undesignated reserves into account #01-204-800-805 and the funds to be encumbered for the length of this proJect. B A contingency fund in the amount of $90,000 be established from funds already budgeted in the 2005 Budget and the funds to be encumbered for the length of this project. DONE AND RESOLVED THIS _ day of April, 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk RESOLUTION NO. 42 Series 2005 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE WEST METRO FIRE PROTECTION DISTRICT, WHEAT RIDGE FIRE PROTECTION DISTRICT AND THE CITY OF WHEAT RIDGE TO COMBINE COMMUNICA TIONS RESOURCES. WHEREAS, the intergovernmental agreements between political subdi visions of the State of Colorado are authonzed by C.R.S 29-1-205, and WHEREAS, the City of Wheat Ridge encourages governments to make the most efficient and effective use of their powers and responsibilitIes by cooperating and contracting with other governments, and WHEREAS, by proVIding a method to combine existmg frequencIes and hardware, leverage the currently authorized grant funding and related commumcatlOns purchases awarded to West Metro Fire Protection District, Wheat Ridge Fire ProtectIOn Dlstnct, and the City of Wheat Ridge to provide a reliable, low mamtenance, communications system to enhance public safety, homeland security, commumcatlOns interoperability, and improve radio signal coverage on a long-term basis, and - WHEREAS, mltIal costs for thIS agreement for techmcal support, tower lease payments, eqUIpment repairs, vehicle/fuellmamtenance, and softwarelfirmware mamtenance IS expected not to exceed $84,421.31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: 1 The City of Wheat Ridge desires to be a party to the Intergovernmental Agreements with West Metro and Wheat RIdge Fire Protection Districts to share radio systems. 2. The Mayor and City Clerk are hereby authorized and empowered to execute the Intergovernmental Agreements on behalf of the City of Wheat Ridge. DONE AND RESOLVED THIS at a meeting of the CIty Councl 1 of the City of Wheat Ridge, Colorado on the day of , 2005 ATTEST Gretchen Cerveny, Mayor Pam Anderson, City Clerk ATTACHMENT 3 Intergovernmental Agreement Between the City of Wheat Ridge and the West Metro Fire Protection District THIS AGREEMENT IS made and entered into this _ day of , 2005, by and between the City of Wheat Ridge, a municipal corporation of the State of Colorado, with offices at 7500 W. 29th Avenue, Wheat Ridge, Colorado (hereinafter referred to as UWheat RIdge"), and the West Metro Fire Protection District, a special district created under the laws of Colorado (hereinafter referred to as UWest Metro"), each of which may be referred to as a UParty" or collectively as the UParties." WHEREAS, the Parties are authorized to enter into this Agreement pUTSUaDt to CRS. ~ 29-1-201, ~., and WHEREAS, the Parties wish to combine their communications resources and divide the maintenance costs of said communications equipment, facilities, and software; and, WHEREAS, the sharing of communications equipment will result in enhanced communications capabilities and cost savings to both Parties. NOW, TIffiREFORE, in consideration of the mutual covenants and commitments made herein, the Parties agree as follows: - 1. PURPOSE OF THE INTERGOVERNMENTAL AGREEMENT The purpose of this Agreement is to provide a method by which Wheat Ridge and West Metro can combine their existing frequencies and hardware, leverage the currently authorized grant funding and related communications purchases awarded to both Parties, and provide a highly reliable, low maintenance, communications system to enhance public safety, homeland security, communications interoperability, and improved radio signal coverage for both Parties on a long-term basis. 2) TERMS a) The Parties agree that West Metro shall install a five channel, single site, 800 MHz trunked radio system repeater site at Mount Morrison. This obligations contained herein are expressly contingent upon West Metro obtaining all permits, licenses, leases, and approvals to complete the construction of the proposed second radio site at the Mount Morrison locatiou. b) The Parties agree that Wheat Ridge shall provide their five pair of FCC authorized 800 MHz trequencies for use at the Mount Morrison communications site. e) The Parties agree that West Metro and Wheat Ridge shaH be jointly responsible for all FCC frequency coordination at Mount Morrison. d) The Parties agree that Wheat Ridge shall maintain control and ownership of the five pair of frequencies being shared between the Parties. e) The Parties agree that the new site and communication's system shaH be shared equally between the Parties as to access, communicatIons priorities, selVicing, third party systems maintenance agreements, and future improvements. - ATTACHMENT 4 - f) The Parties agree that West Metro Fire shall maintain ownership oftne initially Installed, 5 channel multisite, 800 MHz trunked radio equipment located on Mount MornsoR g) Contingent upon West Metro obtaining the consent of the City of Lake wood by an amendment to its current IGA, the Parties agree that radio system technician(s) shall be provided by West Metro through an amended contractual agreement with the City of Lake wood, and made available on a 24/7 basis to service Wheat Ridge communications and communications emergencies. a. Response times shall be as follows: i_ Critical: within one hour of call out. Examples include two or more repeater channels non-functional at the tower site, one or more dispatch consoles non-functional at the Wheat Ridge communications center. It. Less Critical: within one working day. Examples include 2 or more public safety mobile radios, a BDA inoperable_ 111. Non-Critical: usually within two working days. Examples include individual equipment repair, special equipment servicing requests. b Services to be performed by the technicians include system repairs, diagnostics, maintenance, programming, troubleshooting, and related technical work regarding communications system equipment, inclusive training of system users on an as needed basis. h) The Parties agree that in total Wheat Ridge shall be provided the capability to utilize or asSIgn up to 256 communications talk groups on the joint communications system_ i) The Parties agree that in total Wheat Ridge shall be provided the capability to utilize or assign up to 1000 unique radio identifiers (LIDs) on the joint communications system. j) The Parties agree that West Metro shall monitor the commullication system's loading and when said loading reaches 40"10 of tot a! capacity during non-peak radio usage hours, or 60% of total capacity during peak radio usage hours, whichever occurs first, neither Party will be permitted any additions of radios to the system unless mutually agreed ill writing by both Parties. k) The Parties agree that West Metro shall provide backup communications capability from the Green Mountain site for Wheat Ridge, both as part of a multi site communications implementation, as well as Green Mountain functioning as a stand-alone communications site in event of a temporary or catastrophic loss of the Mount Morrison facility_ I) The Parties agree that West Metro will make every reasonable attempt to. ensure that radio system RF coverage from Mount Morrison and Green Mountain will remain at design levels_ The following percentage of anticipated coverage is based on the signal strength drive test performed by Pericle Communications. This document is attached as Appendix A. a. Mount Morrison design levels, for outdoor coverage, are anticipated to. cover 95% of the jurisdictional boundaries of the City of Wheat Ridge_ \.) Green Mountain design. levels, for outdoor coverage, are anticipated to cover 86% of the jurisdictional boundaries of the City of Wheat Ridge_ -2- - c. The Parties mutually agree that neither Party shall modify any equipment, add communications services, or take any action that will knowingly result in any degradation of the established levels of coverage widllo the City of Wheat Ridge or West Metro, as that coverage is provided from Mount Morrison and Green Mountain, pursuant to this Agreement WIthout prior agreement of the other Party. m) Nextel Rebanding: a. The Parties agree that any and all Nextel related rebanding issues specific to programming, equipment changes, scheduling, negotiations, and system administration shall be the responsibility of West Metro and, further, West Metro has the authority to act on behalf of Wheat Ridge in resolving said Nextel rebanding specific issues. West Metro, when appropriate and rime permits, will make reasonable efforts to consult with Wheat Ridge on Nextel rebanding specific issues prior to acting on behalf of both Parties. b. Frequency Realignment. Both Parties agree and acknowledge that West Metro will make reasonable efforts to maintain interference free radio communications in its radio system. These efforts may include the exchange of800 MHz radiO frequencies owned by Nextel in order to improve the quality of radio services. Both Parties acknowledge that the Federal Communications Commission (FCC) has approved a national frequency realignment plan (the consensus plan) with Nextel Communications which could result in the swap of radio frequencies. It may also require the retuning ofootl1 Parties' radios to accommodate Stich frequency swap. These plans call for Nextel Communications to pay for the realignment costs, including the retuning of radio devices. In the event of a frequency swap, West Metro agrees to obtain the commitment of Nextel to pay for the retuning costs associated with Wheat Ridge radios. n) The Parties agree that this Agreement shall include periodic maintenance and analYSIS of Wheat Ridge's existing BOA systems. The BDA systems covered by paragraph 2n are as follows: a. BDA #1 located at Lutheran Emergency, 8300 W. 38th Avenue, Wheat Ridge, Colorado 80033 b BDA #2 located at Wheat Ridge Recreational Center, 4005 Kipling, Wheat Ridge, Colorado 80033 c. BDA #3 located at Wheat Ridge Senior High School, 9505 W. 3200 Avenue, Wheat Ridge, Colorado 80033 d. BOA #4 located at Everett Middle School, 3900 Kipling Street., Wheat Ridge, Colorado 80033 e. The following are not part of, or covered, by this Agreement: BOA systems' spares or replacement parts costs, any BDA system installation, any BDA system modification or removal, or critical third party technical support. 3} ANNUAL SYSTEM AND MAINTENANCE COSTS (Wheat Ridge) The following costs shall be paid by Wheat Ridge. -3- a) One-halfman-year of technical support, inclusive of benefits: not to exceed. $42,771.31 (Based on the average cost per person in the Lakewood Technical Operation Section) b) One-naif Mount Morrison Tower lease payments $ 12,000.00 c) Equipment repair facilities/utilities/test equipment $ 5,000.00 d) Vehicle/fuel/maintenance $ 5,000.00 e) One-Quarter FX (software/firmware) maintenance agreement $18,750.00 - 1) Any cost increases (excluding Mount Morrison lease) shall be capped at a maximum of 5% per year of the annual contract amount. Any cost increase for the following year shall be submitted to Wheat Ridge no later than May 30 of each year. Overtime shall be invoiced at one and OOtrhalf times the hourly rate. These invoices will indicate the agency for which the cost was incurred. Each Party shall be responsible for compensating overtime which the Parties require the technicians to work Wheat Ridge and West Metro will, to the extent possible, coordinate their respective activities involving the technicians to keep overtime to a minimum. Repair parts, batteries, replacement radios and Wheat Ridge specific purchased communication's equipment shall be invoiced separately and on a periodic basis In addition, cost and expenses (including travel, lodging and meals) of any specialized training that is required of the technician to meet the needs of both Parties shall be allocated between the Parties with the amount contrihuted by Wheat Ridge not exceeding one-quarter of such training cost and expenses. These cost and expenses will require pre-approval by both Parties. g) h) i) 4) SYSTEM GOVERNANCE a) The Parties agree that any system upgrade or communications equipment purchase, benefiting both Parties, and agreed to in writing by the Parties, shall be cost shared equally between the Parties. b} The Parties agree that in event of any system upgrade or communications equipment purcba.se benefiting only one Party, said Party shall be solely responsible for all related costs. c) In the event of future interest by one Party in a previous upgrade in capability purchased by the other Party, the first Party shall reimburse the other Party for one half of all directly related implementation and servicing costs for said capability, subject to negotiation and written agreement between the Parties. d} The governance of the radio system mcludes, but is not limited to, the adoption of system decisions, adoption of new technology, agreements for system/traffic optimization, parameter settings, and cost thresholds for opting out of upgrades or the purchase of communications equipment. -4- 5) PA YMENT SCHEDULE a) Initial payment of the annual contract costs shall be within 60 days of contract signing, prorated from original date of this Agreement. b) West Metro shall invoice subsequent years' annual costs to Wheat Ridge during January of each year, and the payment due date shall be within 60 calendar days of the date of invoice. c) Periodic payments for services, overtime expenses, repair parts, and other Wheat Ridge authorized requisitions shall be invoiced to Wheat Ridge on a quarterly basis, with payment due within 30 calendar days of the date of invoice. 6) APPROPRlA TIONS Wheat Ridge and West Metro understand and agree this Agreement is contingent upon continuing availability of funds, and annual appropriation and approval of funds for this purpose. Both Parties are prohibited by law from making fiscal commitments beyond the term of their current fiscal period. This Agreement is not intended to, and does not create a multi-year fiscal obligation. 7) TERM OF AGREEMENT It is the intent of tIle Parties that this Agreement shan be for an inItial term of twenty-five years, conditioned upon yearly appropnation of the necessary funds. At the end of such period, the Agreement may be renewed for successive ten (10) year periods upon - agreement of both Parties, all lawful approvals by the executive and legislative officials of each Party, and amendment of this Agreement. Wheat Ridge shall notify West Metro by November 151 of each calendar year, if funds have not been appropriated for the purposes of this Agreement for the ensuing calendar year. The services portion ofthis Agreement shall terminate on December 31 st of the same year after which notification of non-appropriation has occurred, provided however, for the 36 month period following notification of non-appropriation, the five pair of Wheat Ridge frequencies must and shall remain in use at the Mount Morrison site and Wheat Ridge shall retain the right to utilize Mount Morrison for radio communications purposes only. 8) INDEMNIFICA nON Neither West Metro nor Wheat Ridge shall be responsible for any related conditions, warranties, billings, and representations, expressed or implied, between the Parties except as herein set forth. Further, each Party agrees to hold harmless and indemnify the other Party to the extent permitted by law, for any and all damages, costs, fines, judgments and other losses, includmg attorney fees, a Party may incur as a result oftbe actions or omissions of the other Party Each Party is a public entity and neither Party waives the obligations or benefits afforded it by the Colorado Governmental Immunity Act, c.R.S S 24-10-101, ~. 9) TERMINATION OF AGREEMENT This Agreement may be terminated upon 36 months notice, In writing, by one Party to the other, or by notice of non-appropriation, as set forth in Section 7 In event of -5- -- termination, equipment owned by tbe mdividual Parties shall remain the sole responsibility of that Party. Either Party may offer to purchase the other Party's interest in shared equipment. Neither Party is obligated to purchase said eqUipment The purchase price of shared equipment at the time of termination shall be based upon the value of the proportional remaining life of said equipment. If neither Party wishes to continue ownership of the shared equipment, the equipment shall be sold to third Parties, with each Party recouping the proportIOnal share of its investment. Both Parties shall be responsible for the removal and disposal of shared equipment, which neither Party desires to purchase. 10) MISCELLANEOUS PROVISIONS a) This Agreement shall be effective upon signature by both Parties. b) The waiver by any Party of any breach of any term, covenant or condition of this Agreement by the other Party shaH not be deemed a waiver of such term, covenant or condition for any subsequent breach of tile same or of any other term, covenant or condition of this Agreement. c) If any provision of this Agreement or application to any Party or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid proviso or application, and to this end the provisions of this Agreement are declared severable. d) This Agreement contains the entire agreement between the Parties and shall not be amended or modified in any manner without said amendment or modification being agreed to and executed in writing by both Parties. e) All claims or disputes between the Parties arising out of or related to this Agreement shall be decided by arbitration in accordance with the rules of the American Arbitration Association, unless the Parties mutually agree otherwise. Notice of demand for arbitration shaH be filed in writing with the other Party Such notice of demand for arbitration shall be made within reasonable time after the dispute has arisen. The award rendered by the arbitrator shaH be final, and the judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The cost of such arbitration shall be borne equally by the Parties. t) This Agreement may be signed in counterparts, and each agreement shall be deemed an original and all the agreements taken, as a whole shaH constitute one and the same instrument. g) In the event of litigation arising under this Agreement, the prevailing Party shall be entitled to an award of its reasonable attorney fees, costs and other expenses. This Agreement shall be interpreted in accordance with the laws ofthe State of Colorado. Venue for any litigation arising under this Agreement shall be proper and exclusive in the District Court for Jefferson County, Colorado h) This Agreement shall inure to the benefit of and be binding upon the Parties and their successors, and assigns. No Party may assign any rights or obligations under this Agreement without the express written consent of the other PlUty which consent may be withheld for any reason. -6- 11) NonCE S All notices required or permitted under this Agreement shall be hand delivered or given by telecopy or electronic mail and regular U.S. mail or overnight courier to the addresses below. In the event that these designated POC's change both Parties agree to notify necessary Parties. Wheat Ridge Main Contact Larry Stodden Police Communications Manager 7500 W 2lf" Avenue Wheat Ridge, Colorado 80215-6713 Telephone Number: 303-235-2937 Telecopy Number: 303-235-2968 EmaiI: lstodden@ci.wheatridge.co.us -- West Metro Main Contact Mark. Krapf Deputy Chief: Communications 433 S. Allison Parkway Lakewood, Colorado 80226 Telephone Number- 303-989-4307 x447 Telecopy Number' Email: mkrapf@Westmetrofire.org -7- APPROVED AS TO FORM: ATTEST: CITY OF WHEAT RIDGE Signed: Name: Gretchen Cerveny Tide: Mayor West Metro Fire Department Signel}f Jt:l'5>ZA- Name: Douglas McBee Title: Fire Chief - /. '<P~e:' j-,_',1' .. '_:_f;_'.":'~-~;-' ,^-, - af~';' ,..<, ", , I SYgne~ e rcr-- Name: Leo J Johnson Title: Board Chair . ~ -'f}.<-;'.'~':. ~ r . UV!C;"Pat~: 't>lf/{Y~~c~:;; ., '" ,': J [, ~- Appendix A Signal Strength Drive Test [attached) - -9- ~ Pericle Communications Company April 10, 2005 Via Email Mr Larry Stodden City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, CO 80034 Dear Mr Stodden. Our firm conducted drive tests of several alternative radio sites in 2003 and found that Mt. Morrison provided the best overall radio coverage in the City of Wheat Ridge At 7,900' antenna elevation, the Denver site is considerably higher than the Wheat Ridge tower at 5635'. The results of our drive tests have been briefed previously to your office. The purpose of this letter is to provide a concise written summary of the test results. The most important measure of land mobile radio performance is the service reliability, the ratio of all measurements above a certain threshold to the total number of measurements taken. For 800 MHz NPSPAC radios, a measured level of -85 dBm is adequate to overcome moderate building penetration loss and is therefore a reasonable figure of merit. From Table 1, we see that Mt. Morrison provides 96% coverage at this level while the Wheat Ridge tower offers only 67% coverage. - Table 1 - Service Reliability For Candidate Sites (From Drive Test Measurements, 9,800 total measurements) Mt. Green Wheat Ridge Coverage Type Morrison Mountain Tower Service Reliability @ -85 dBm Medium Bldg. 96% 86% 67% Thus, the proposed repeater site on Mt. Morrison should create significantly improved radio coverage. No single radio site can provide 100% coverage in every building, however, so the City will continue to need distributed antenna systems (DAS) inside some buildings. Mt. Morrison should minimize the number of buildings requiring these systems when compared to the existing repeater on the Wheat Ridge tower As an interim measure while the Mt. Morrison repeater site is under construction, the City of Lakewood and the West Metro Fire District plan to place Wheat Ridge users on the Lakewood repeater site on Green Mountain. Although not quite as good as Mt. Morrison, Green Mountain is still a significant improvement over the Wheat Ridge tower. If you require further information, you can me at (719) 548-1040 or via email atjacobsmeyer@pericle.com. Sincerely, - original signed - Jay M. Jacobsmeyer, P.E. President 1910 Vindicator Drive. Suite 100. Colorado Springs. Colorado 80919 . Phone: (19) 548-1040 . Fax: (19) 548-1211 Intergovernmental Agreement Between the City of Wheat Ridge and the Wheat Ridge Fire Protection District THIS AGREEMENT is made and entered mto as of this 13th day of July, 2005, by and between the City of Wheat Ridge, a municipal corporation of the State of Colorado, with offices at 7500 W. 29th Avenue, Wheat Ridge, Colorado (hereinafter referred to as "Wheat Ridge"), and the Wheat Ridge Fire Protection District, with offices at 3880 Upham Street, Wheat Ridge, Colorado a special district created under the laws of Colorado (hereinafter referred to as "Wheat Ridge Fire"), each of which may be referred to as a "Party" or collectively as the "Parties." WHEREAS, the Parties are authorized to enter into this Agreement pursuant to C.R.S. S 29-1-201, et seq.; and WHEREAS, the Parties wish to combine their communications resources and divide the maintenance costs of said communications equipment, facilities, and software; and, WHEREAS, the sharing of communications equipment will result in enhanced communications capabilities and cost savings to both parties. - NOW, THEREFORE, in consideration of the mutual covenants and commitments made herein, the Parties agree as follows: 1. PURPOSE The purpose of this agreement is to proVIde a method by which Wheat Ridge and Wheat Ridge Fire can leverage the currently authorized grant funding and related communications purchases awarded to both Parties, and provide access and use to a highly reliable, low maintenance, communications system to enhance public safety, homeland security, communications interoperability, and improved radio SIgnal coverage for both Parties on a long term baSIS. 2) TERMS a) Wheat Ridge shall provide five pair of FCC authorized 800 MHz frequencies for use at the Mount Morrison communicatIOns sIte. b) Wheat Ridge shall maintain control and ownership of the five pair of frequencies being shared between the Parties. c) The new site and communications system shall be shared equally between the Parties as to access, use, communications priorities, servicing, third party systems maintenance agreements, and future improvements. d) The Parties agree that radio system technician(s) shall be provided by Wheat Ridge by contract with the Wheat Ridge Fire Protection District and made available on a 24/7 basis to service Wheat Ridge Fire communications and - communIcations emergencies. Any change in the provIder of such service shall be mutually agreed by the Parties. a. Response times shall be as follows: i. Critical. within one hour of call out. Examples include one or more dispatch consoles non-functional at the Wheat Ridge communications center, radio system failure, or a mobile radio becoming nonfunctional in critical fire apparatus. II. Non-Critical. usually within two working days. Examples include individual equipment repair, special equipment servicing requests. b. Services to be performed by the technicians include system repairs, diagnostics, maintenance, programming, troubleshooting, and related technical work regarding communications system equipment, inclusive training of system users on an occasional basis. e) Wheat Ridge Fire shall be provided the capability to utilize or assign up to one third (113) of the communicatIons talk groups available now and in the future on the joint communications system. f) Wheat Ridge Fire shall be provided the capability to utilize or assign up to one third (113) of the unique radio identifiers (LIDs) available now and in the future on the joint communications system. g) The Parties shall monitor the communication system loading and when said loading reaches 40% of total capacity during non-peak radio usage hours, or 60% of total capacity during peak radio usage hours, whichever occurs first, neither Party will be permitted any addItions of radios to the communications system unless mutually agreed to, in writmg, by both Parties. h) Wheat Ridge shall provide backup communications capability from the Green Mountain site for Wheat Ridge, both as part of a multi- site communications implementation. In addition, the Green Mountain site shall function as a stand- alone communications site in event of a temporary or catastrophic loss of the Mount Morrison facility. i) Wheat RIdge will make every reasonable attempt to ensure that radio system RF coverage from Mount Morrison and Green Mountain will remain at design levels. The following percentage of antIcipated coverage is based on the signal strength drive test performed by Pericle Communications, attached as Appendix A: a. Mount Morrison design levels, for outdoor coverage, are antiCIpated to cover 95% of the jurisdIctional boundaries of the City of Wheat Ridge. b. Green Mountain design levels, for outdoor coverage, are anticipated to cover 86% of the jurisdictional boundaries of the City of Wheat RIdge. c. Neither Party shall modifY any equipment, add communications services, or take any action that will knowingly result in any degradation of the established levels of coverage within the City of Wheat Ridge as that coverage is provided from Mount Morrison and Green Mountain pursuant to this Agreement, without prior agreement of the other Party. 2 3) ANNUAL SYSTEM AND MAINTENANCE COSTS a) The annual system and maintenance costs shall be shared by both Parties as follows: Wheat Ridge shall pay two-thirds (2/3) of these costs, and Wheat Ridge Fire shall pay one-third (1/3) of these costs as set forth m paragraph 3( c). b) In the event that either Party adds additional radios to the system, both Parties agree that the annual system and maintenance costs shall be determined, on a yearly basis, by the percent of the number of radios owned by each Party. Each Party shall pay this established percent of the annual system and maintenance costs. c) The initial annual system and maintenance costs for both Parties are: a. One-half man-year of technical support, inclusive benefits $42,771.31 b. One-half Mount Morrison Tower lease payments $12,00000 c. Equipment repair facilities/utilities/test equipment $ 5,000.00 d. Vehicle/fuel/maintenance $ 5,000.00 e. One-Quarter FX (software/firmware) maintenance agreement $18,750.00 d) Any cost increases (excluding Mount Morrison Lease) shall be capped at a maximum of 5% per year of the annual contract amount. Any cost increase for the following year shall be submitted to Wheat Ridge no later than May 30 of each year e) Overtime shall be invoiced at one and one-half times the hourly rate. These invoices will indicate the Party (i.e. agency) for which such cost was incurred. t) Repair parts, batteries, replacement radios and Wheat Ridge Fire specific purchased communication's equipment shall be invoiced separately and on a periodic basis. "- 4) SYSTEM GOVERNANCE a) The Parties agree that any system upgrade or communications equipment purchase, benefiting both Parties, and agreed to in writing by said Parties, shall be cost shared as follows: Wheat Ridge shall pay two-thirds (2/3) of these costs, and Wheat RIdge Fire shall pay one-third (1/3) of these costs. b) The Parties agree that in event of any system upgrade or communications equipment purchase benefiting only one Party, said Party shall be solely responsible for all such costs. c) In the event of future interest by one Party in a previous upgrade in capability purchased by the second Party, the first Party shall reimburse the other Party for one half of all directly related implementation and servicing costs for said capability. ReImbursement shall be subject to negotiation and written agreement between the PartIes. d) The governance of the radio system includes, but is not lImited to, the adoption of system decisions, adoption of new technology, agreements for system/traffic optimization, parameter settings, and cost thresholds for optmg out of upgrades or the purchase of communications equipment. e) Initial payment of the annual contract costs shall be within 60 days of contract SIgning, prorated from original date of this Agreement. t) Wheat Ridge Fire shall invoice subsequent years' annual costs during January of each year to Wheat Ridge, and the payment due date shall be within 60 calendar days of the date of invoice. 3 g) Periodic payments for services, overtime expenses, repair parts, and other Wheat Ridge Fire authorized requisItIOns shall be invoiced to Wheat Ridge Fire on a quarterly basis, with payment due wIthin 30 calendar days of the date of invoice 5) APPROPRIA TIONS Wheat Ridge and Wheat Ridge Fire understand and agree this Agreement is contingent upon continuing avaIlabIlity of funds and annual appropriation and approval of funds for this purpose. Both Parties are prohibited by law from making fiscal commitments beyond the term of their current fiscal period. This Agreement is not intended to, and does not create a multi-year fiscal obligation. 6) TERM It is the intent of the Parties that this Agreement shall be for an initial term of twenty-five years, conditioned upon yearly appropriation of the necessary funds. At the end of such period, the Agreement may be renewed for successive ten (10) year periods upon agreement of both parties, all lawful approvals by the executive and legislative officials of each party, and amendment of this Agreement. Wheat Ridge Fire shall notify and provide a Letter of Intent to Wheat Ridge by November 1 st, of each calendar year, regarding its appropriation of funds for the purposes of this Agreement for the ensuing calendar year. Wheat Ridge shall notify and provide a Letter of Intent to Wheat Ridge Fire by November 151, of each calendar year, regarding its appropriation of funds for the purposes of this Agreement for the ensuing calendar year. The services portion of this Agreement shall terminate on December 3 1 sl of the same year after which notification of non-appropriation has occurred. - 7) INDEMNIFICA TION Neither Wheat Ridge or Wheat Ridge Fire shall not be responsible for any related conditions, warranties, billings, and representations, expressed or implIed, between the Parties except as herein set forth. Each Party agrees to hold harmless and indemnifY the other Party to the extent permitted by law for any and all damages, costs, fines, judgments and other losses, including attorney fees, a Party may incur as a result of the actions or omissions of the other Party. Each Party is a public entity and neither Party waives the obligatIons or benefits afforded it by the Colorado Governmental Immunity Act, C.R.S. S 24-10-101, et seq 8) TERMINA TION This Intergovernmental Agreement may be terminated upon 12 months notice, in writing, by one Party to the other, or by notice of non-appropriation as set forth in Section 6. In event of termination, equipment owned by the individual Parties shall remain the sole responsibility of that Party. Either Party may offer to purchase the other Party's interest in the shared equipment. Neither Party is obligated to purchase said equipment. The purchase price of shared equipment at the time of termination shall be based upon the value of the proportional remaining life of said equipment. If neither Party wishes to continue ownership of the shared equipment, the equipment may be sold to third parties, with each Party recouping the proportional share of its investment. Both Parties shall be 4 - responsible for the removal and disposal of shared equipment which neIther Party desires to remove. 9) MISCELLANEOUS PROVISIONS a) The waiver by any Party of any breach of any term, covenant or condition of this Agreement by the other Party shall not be deemed a waiver of such term, covenant or condItion for any subsequent breach of the same or of any other term, covenant or conditIOn of this Agreement. a) If any provision of this Agreement or application to any Party or cIrcumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision or application, and to thIS end the provisions of this Agreement are declared severable. b) This Agreement contains the entire agreement between the Parties and shall not be amended or modified in any manner without said amendment or modificatIon being agreed to and executed in writing by both Parties. c) All claims or disputes between the Parties arising out of or related to this Agreement shall be decided by arbitration in accordance with the rules of the American ArbItration Association, unless the Parties mutually agree otherwise. Notice of demand for arbitration shall be filed in writing with the other Party. Such notice of demand for arbitration shall be made within reasonable time after the dispute has arisen. The award rendered by the arbitrator shall be final, and the judgment may be entered upon it in accordance with applicable law in any court havmg JurisdIction thereof. The cost of such arbitration shall be borne equally by the Parties. d) This Agreement may be signed in counterparts, and each agreement shall be deemed an original and all the agreements taken, as a whole shall constitute one and the same instrument. e) In the event of litigation arising under this Agreement, the prevailing Party shall be entitled to an award of its reasonable attorney fees, costs and other expenses. This provision shall not set aside paragraph d above. No claim or dispute shall be filed in the DIstrict Court unless and until arbitration as provided by that paragraph has been completed. This Agreement shall be interpreted in accordance with the laws of the State of Colorado. Venue for any litigation arising under this Agreement shall be proper and exclusive in the Distnct Court for Jefferson County, Colorado. ThIS Agreement shall inure to the benefit of and be bindmg upon the Parties and their successors, and assigns. No Party may assign any rights or obligations under this Agreement without the express written consent of the other Party which consent may be withheld for any reason. 10) NOTICES All notices required or permitted under this Agreement shall be hand delivered or given by telecopy or electronic mail and regular U S mail or overnight courier to the addresses below. In the event that these designated Points of Contact change, both parties agree to notify necessary Parties. 5 If to Wheat Ridge: Larry Stodden Police Communications Manager 7500 W. 29th Avenue Wheat Ridge, Colorado 802 1 5-6713 Telephone Number: 303-235-2937 Email: lstodden@ci.wheatridge.co.us If to Wheat Ridge Fire. James R. Payne Wheat Ridge Fire Protection District 3880 Upham Street Wheat Ridge, Colorado 80033 Telephone Number: 303-403-5901 Email: chiefl@wrfire.org APPROVED AS TO FORM: CITY OF WHEAT RIDGE Gerald Dahl, City Attorney ATTEST: Pamela Anderson, City Clerk Signed: Name: Gretchen Cerveny Title: Mayor - -'1 WHEAT RIDGE FIRE PROTECTION DISTRICT ~ ,,/ ) B- i~'/~/~ -h!n;i- Name: Ge . e Putnik Title: Board Secretary Signed: 4~A!rfr d C~ Name: Geral A. Cassel Title: Board President 6 APPENDIX A Signal Strength Drive Test [Attached] - 7 ~ Pericle Communications Company April lO, 2005 Via Email Mr. Larry Stodden City of Wheat Ridge 7500 W 29th Avenue Wheat Ridge, CO 80034 Dear Mr. Stodden: Our firm conducted drive tests of several alternative radio sites in 2003 and found that Mt. Morrison provided the best overall radio coverage III the City of Wheat Ridge. At 7,900' antenna elevatIOn, the Denver sIte is considerably higher than the Wheat Ridge tower at 5635'. The results of our drive tests have been briefed previously to your office. The purpose of this letter is to provide a concise written summary of the test results. The most important measure of land mobile radio performance is the service reliability, the ratio of all measurements above a certain threshold to the total number of measurements taken. For 800 MHz NPSPAC radios, a measured level of -85 dEm is adequate to overcome moderate building penetration loss and is therefore a reasonable figure of merit. From Table 1, we see that Mt. Morrison provides 96% coverage at this level while the Wheat Ridge tower offers only 67% coverage. - Table 1 - Service Reliability For Candidate Sites (From Drive Test Measurements. 9 800 total measurements) Mt. Green Wheat Ridge Coverage Type Morrison Mountain Tower Service Reliability @ -85 dBm Medium Bldg. 96% 86% 67% Thus, the proposed repeater site on Mt. Morrison should create SIgnificantly improved radio coverage. No single radio site can provide 100% coverage in every building, however, so the City will continue to need distributed antenna systems (DAS) inside some buildings. Mt. Morrison should minimize the number of buildings requiring these systems when compared to the existing repeater on the Wheat Ridge tower. As an interim measure while the Mt. Morrison repeater site is under construction, the City of Lakewood and the West Metro Fire District plan to place Wheat RIdge users on the Lakewood repeater site on Green Mountain. Although not quite as good as Mt. Morrison, Green Mountain is still a significant improvement over the Wheat Ridge tower. If you require further information, you can me at (719) 548-1040 or via email atjacobsmeyer@pericle.com. Sincerely, - original signed - Jay M. Jacobsmeyer, P.E. President 1910 Vindicator Drive, Suite 100. Colorado Springs, Colorado 80919. Phone: (719) 548-1040. Fax: (719) 548-1211 ITEM NO. 5. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' August 22, 2005 ~:~ TITLE: DISTRICT I APPOINTMENT TO THE LIQUOR AUTHORITY o PUBLIC HEARING ISJ BIDSIMOTI0NS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ISJ No 1/1 '7' I - , /...____ :i/~!I 1j)//A<~' // r CIty Manager I ~Aa~^. . Clerk ~ EXECUTIVE SUMMARY: - The Liquor Authority is an eight (8) member board WIth the authority to grant liquor licenses and special permits, and to approve and deny applications for renewal and transfer of licenses. The Authority designates and assesses fees, promulgate reasonable rules and regulatIOns, conduct mvestigations, and suspend or revoke such lIcenses for cause, provided by law. There is a vacancy on the Liquor Authority due to Mr Lloyd Donnelly's resignatIOn. His term would have expired on March 2,2006. We have received an applicatIOn for the vacancy for District I from Mr. David Berry. Mr Berry is an elIgible candIdate for thIS appointment. COMMISSIONIBOARD RECOMMENDATION: NIA STATEMENT OF THE ISSUES: Attached please find a memorandum from the Office of the City Clerk stating that Mr. Berry is an eligible applicant for this vacancy. ALTERNATIVES CONSIDERED: Do not make an appointment, and the position remains vacant. FINANCIAL IMPACT: NIA Liquor Authority Appointment August 22, 2005 2 RECOMMENDED MOTION: "I move to appoint David Berry to the District I vacancy on the Liquor Authority, term to expire March 2, 2006 " Or, "I move to deny the appointment of David Berry to the Liquor Authority for the following reasons " Attachments: 1. Mr. Berry's apphcation 2. City Clerk Memorandum - 030714 Board and Commission Appointment 0~-AUG-2005 11 07 FROM-Colorado Division ot Minerals & GeololY +13038328106 T-260 P 002/004 F-583 PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: 1I(1V L \' c... f:.fI s~ n, A-l/th /1V',t RD/COMMISSION/COMMITTEE) DATE: DISTRICT I HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 9 'f(~ 'Y~5 - HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? /110 : , ARE THERE ANY CONFLlCTSiWHICH WOULD INTERFERE WITH REGULAR PLEASE PRINT OR lYPE NA~E.JJ",...:\'^ ' ADDRESS: 6275"' W. 3:5 -,v. I}v~ HOME PHONEC~c[3) 41..~ - 30Si BUSINESS PHONQU) ') ~b6- 'fq:3 % ~fit"Y1J\ J5( Gv- nJTI- ~k blhfVlf"5'i) E-MAIL ADDRESS: dOl b 111 @) (Il/'Mcr.ryt - w'l-{t- APPLICATION WILL BE KEPT ON FilE FOR ONE YEAR ATTACHMENT 1 City of Wheat Ridge Office of the Mayor & City Council Memorandum TO' Mayor & City Council FROM' Pam Anderson, CIty Clerk DATE. August 8, 2005 SUBJECT: Liquor Authonty Application of David Berry Attached please find the Liquor Authority application for David Berry for the vacancy on the Board for District 1. Mr Berry is officially elIgible as a candIdate for this position. The term for this vacancy ends on March 2,2006 For any question, you may call me at 303.235.2823 - - ATTACHMENT 2 CITIZENS' RIGHT TO SPEAK DATE: Augus t 22, 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 PRINTllllllll NAME ADDRESS TOPIC Co.). Y~'lO :t>O\J~ <;--t !-ou A fl CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COmrCIL CASE NO. comrCIL BILL NO. 13-2005 TITLE: COUNCIL BILL 13-2005 - AN ORDINANCE APPROVING THE GRANT OF AN EASEMENT THROUGH OPEN SPACE TO DENVER WATER DEPARTMENT. YOUR NAME ARD ADDRESS I CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITY OF WHEAT RIDGE PUBLIC HEARING ROSTER AGENDA ITEM NO.3. PUBLIC HEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. 14-2005 TIngOUNCIL 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 YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl Date: Monday, August nod, 2005 To' Wheat Ridge City Council From. Lee Callas, Baugh House Restoration Project Manager Wheat Ridge Historical Society, Inc. SubJect: Report on Grant Activity for Baugh House Restoration Dear Council Members, As you know, the Baugh Property was acquired by the City of Wheat Ridge in July 1997 with utilization of funding from Jefferson County Open Space. The following is a report on grant activity for restoration of the historic Baugh House with some review of old grants and an update on our current grant. Brief Review of Past Three Grants The First Grant was applied for in October 1997. This grant award of$10,750 was titled "Baugh House Survey & Planning" (Project # 98-02-056) and was contracted between the City of Wheat Ridge and Colorado Historical Society (SHf) in April 1998. The grant contract period from May 1998 through September 1999 produced reports including: . Baugh House Historic Structure Needs & Assessment Report, . Structural Investigative Report for Baugh Property, . Annotated James H. Baugh House History & Survey, and . Archaeological Testing & Assessment of the Baugh Homestead. The Second Grant was applied for in October 1998. This grant award of $23,250 was titled "Baugh House Construction Drawings & Final Plans" (Project #99-02-043) and was contracted between the City of Wheat Ridge and Colorado Historical Society (SHf) in July 1999. The grant contract period from July 1999 through May 2001 produced documents & reports including: . Construction Documents (consisting of Blueprints & Project Manual), . Geotechnical Engineering Report for Baugh House Restoration, and · Baugh House finish AnalYSIS. [Note: A multi-year grant applied for in April 2000 was denied by the SHF.] The Third Grant was applied for in October 2000. This grant award of $82,725 was titled "Exterior Restoration" (Project #2001-02-130) and was contracted between the City of Wheat Ridge and Colorado Historical Society (SHF) in June 2001. The grant contract period from June 2001 through July 2003 was to cover work implementing the Construction Documents from the previous grant. Unfortunately, discoveries made between July 2001 and October 2002 precluded the original scope of work for this third grant from being implemented. Between October 2002 and February 2003, the Scope of Work & Budget for the grant were reworked and an amended contract was signed with the State Historical Fund with an extension through July 2004. Work on this grant was successfully completed by the end of March 2004 including: . Documentation of existing original roof structure for the historic record and for reference in the roof's reconstruction, . Programming Long-term Objectives & Schematic Design Documents, · Creation of workable Construction Documents, · Deconstruction of the 1859 Cabin's first floor system, · Underpinning of the 1859 Cabin portion of the building, · Archaeological monitoring and reporting on excavation, · StabilizatIon and reinforcement of the l859 Cabin's log cribbing, · Deconstruction of the existing fire damaged roof structure, · Reconstruction of the entire building's roof system, and · Re-grading of area around perimeter of house. [Note: A grant applied for in April 2004 was denied.] Update on Current (Forth) Grant The Current (Forth) Grant was applied for in October 2004. This grant award of$l Ol,970 is titled "Exterior Restoration" (Project #2005-02-056) and was contracted between Wheat Ridge Historical Society, Inc. and the Colorado Historical Society (SHF) in April 2005. The grant contract period is from April 2005 through December 2006 and will accomplish the following: . Creation of applicable Architectural Drawings & Structural Plans for thIS phase, · Archaeological monitoring and reporting on excavation, · Completion of building's Structural Restoration including: deconstruction of interior 1900' s first floor system, underpinning of 1900' s addition, restructuring of 1859 Cabin's second floor system and removal of 1970's beam/post support, repairing of damaged stonework in 1860's Cold Storage Room, and · Performance of full Exterior Restoration including: demolition of 1 940's vestibule & 1970' s hallway structures, removal of remainder of 1940' s concrete porch, removal of 1970's concrete sidewalks/slabs, east-side area grading for positive drainage, restructure of 1 900's wooden porch, repair/replacement of 1900's clapboard siding/trimlgable-end- shingles/soffet/fascia, repair/replacement of 1859/1900's windows/exterior-doors/screen- doors, painting of entire house exterior. In the near term, upcoming work under this grant includes: o Completion of Architect/Engineer's Drawings & Plans by the end of August 2005. o Commencement of Preservation Contractor's on-site work at the Baugh House in the third week of September 2005, startmg with Exterior Restoration work as the first order of business. o Coordination of Archaeological monitoring during foundation excavation later in the year. After completion of this grant, one last grant is foreseen to complete the Baugh House Restoration, that being the final job of the building's Interior Restoration. Sincerely, Lee Callas Baugh House Restoration Project Manager Wheat Ridge Historical Society, Inc. BIO - Lee Callas, Project Manager, Baugh House Restoration Lee Callas has worked for the past four years on behalf of the Wheat RIdge Historical Society helpmg the City of Wheat RIdge wIth the process ofrestonng the Baugh House. Lee sees the achievement of State & National Histone DesIgnatIOn for the property to be the ultimate goal of the restoratIOn process. Beyond the restoratIOn process, Lee supports the future-use plan for the property to become a LIving History Museum for the benefit of pubhc awareness and education in the history of agriculture m the regIOn. ~ Lee Callas receIved a BS in CIvil Engmeenng from CD Boulder m 1981 and has expenence that spans more than 25 years managmg pnvate restoration proJects on older homes, m combination with some 14 years of expenence doing field work in both the 011 & gas and constructIOn industnes. Although Lee worked oversees for 10 years, Wheat RIdge has been Lee's home base smce 1973 Havmg a keen interest in the local history of Wheat RIdge, Lee believes that the Baugh House, as a lIvmg hIstory faCIlIty, will interpret one of the earliest survivmg examples of an agncultural foothold m the Front Range regIOn, an Island of hIStOry rapIdly bemg lost to sprawl. Lee sees nch potential m the Baugh Property for educatmg and mformmg Americans of all backgrounds and VISItorS from abroad on how homesteads such as thIS helped shape the Kansas/Colorado Temtories, supported westward expansion, and m due course contributed to the admIssion of Colorado as a State. -----~-- 0~ c~,~~~ ,j ,:\, ,,\ \C \ '\r\ "'~ lIJG'-; "'~...., , \ \i~ ,0' \ j !,~ S\<V1\wCV\:^';j- ~~J !~~ co3 ~l~~'! ~1 J~ WIC~-;'~ ~/I'~ iP~V. lo(RI\PF \;~\~~ -:: ~ / --l' C [ I \.~. . ~,rJl)J '\ kv'> ~ ~0>-"v') - V\j.h).- v J J '-".r ~~ 11 (j Y (~ev0-::)"- I -'r. ^ ,~z \,'AA.L_ CRvk2_ \ ~ ___----.--.-------------.----------. _-__~_.:_0--m------ r - -------------- "'" \"-- \ (' r: jVj,,\^--,\.:L;1' ~~, () v \L l~~^, ~ J9]~4 V c:;j- (1J---.J Sl C..J\ " C \~\1. ~ ~ r "-- \ -.J 'NL~~~~ "Sl~') ~ ~~\(~\Y-- s~ ~0 V \~ c~^'- '0\ ~ (V'<~ V tcof\'G'.. \Ldt IOS( ~ V ~, \ L\;:S - l~(S \j(,,'~ ' \ 0SC) c ' \'S, *' \~ - ')SJ~ C; ~, 1j'Z- Q '^ 1\, \.. 0'-' "0 I/V'\., ) ;;;;, ~ I'\, '\" (/,fV'- L ? ~:0V-Y~.? ~ V.i V"", G.~~ yt"^~' C\'\j S\~ \~ \ \hi, t ,C~Y',\,,"~ ~~"S .. 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(G~1f)J (G@@~@~[1 ~~~@u@@ CITY OF WHEAT RIDGE, COLORADO August 22, 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, ~ 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, staff; and interested citizens APPROVAL OF MINUTES OF AUQust 8. 2005 Motion by Mr DiTullio for the approval of the Minutes of August 8, 2005, seconded by carried (- a CITIZENS' RIGHT TO SPEAK S~V)"\ , j f, _ (\c \ . k l $(\;) \.1"--\' 0-." ~'I< ( ,., '" ~l \ ~ \.. ",r'"T1\.' ("""-~. 0, \..........' ~A \ '~_''''J-"\. ,-' N\ r'~'0 '\ APPROVAL OF AGENDA '~ Q-: l~'\~_ ~ \.;~'.)" \J vi" (.:, ,-, ='\ " ~ \ ~"\ '-- '.-" IJ. ,-;-' J \ ~ \.... ,~ [ ',' \;..." \ ' ~ \z.-, ~'i---" ,~ \"- \ "jct- Item 1. Consent Agenda: A. AWARD ITB-05-31 POLICE EVIDENCE STORAGE BUILDING. B RESOLUTION 44-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT C RESOLUTION 43-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 BUDGET TO REFLECT ACCEPTANCE OF THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST GRANT D RESOLUTION 40-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A BUDGET SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $3,000 00 FOR ANNUAL APPRECIATION DINNER. CITY COUNCIL MINUTES: August 22, 2005 Page -2- 'II ^ Consent Agenda was introduced and read by .J 1\"1 ') \~-\ ,\ (vM' -;1 . i\\c-," :\"" ' ,\,'i'~ \I"\....J'/'''' , , Motion by for approval of the Consent Agenda, seconded by c.~ ~ , carried 'l- 0 I PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. 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 second reading by Mrs Adams Deputy City Clerk Christa Jones assigned Ordinance No )(~\'\(L:iII\N\)ot\f.,I. ( fil-bd71.t,' ,1 'll:'!" kc:il'je!. Motion by Mrs Adams to approve Council Bill 13-2005 (Ordinance No \~ S i)) and that it take. effect 15 days after final publication, seconded by '?yh L- I ~~ ~U1 ' ~I I I Item 3. 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 second reading by Mrs Sang Deputy City Clerk Christa Jones assigned Ordinance No ~l t:-\('\>\ \ lA Hl I j, E C.>!. :\iT c !! THe ~l '\ 1::-1.' }l.L: I 'c Vi I Motion by Mrs. Sang to approve Council Bill 14-2005 (Ordinance No \:.r,I) and that it take effect 15 days after final publication, seconded by rL C1 u A' carried l- 0' J l DECISIONS, RESOLUTIONS AND MOTIONS Item 4. RESOLUTION 42-2005 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE WEST METRO FIRE PROTECTION DISTRICT, WHEAT RIDGE FIRE PROTECTION DISTRICT AND THE CITY OF WHEAT RIDGE TO COMBINE COMMUNICATION RESOURCES Resolution 42-2005 was introduced by I1ll: (~U K t..''1/ Motion by}\ ~ i C~CkE\ to approve Resolution 42-2005, seconded by :\1 ;G\"ll, \j );, ~~"" I carried - J- \) Item 5. DISTRICT I APPOINTMENT TO THE LIQUOR AUTHORITY (' ~, " Motion by ...J \ ~h,y"\. . \~,. to appoint David Berry to the District I vacancy on the Liquor Authority; term to expire March 2,2006, seconded by "",\'V)' \ carried 'j .' , - (" , ) I .' / CITY COUNCil MINUTES: August 22, 2005 Page -3- CITY MANAGER'S MATTERS \j'1 <\ ,L \z.- ~~, ", A. I) f'h\ \\ C\.Av~ C 01\"\/'\",:. 1" ,- ~~, ~ ,'" I - l~__..i,/..~UC\,.... '\ _--., ; I, \; '1 -.) :tr ,) L ,. I 'I l, \. ~-\J '-" '\"-R,.'1 , \1.'\..,., ~ I I \!'-..I~ jV:"}, \j-( ~ ! 4:--, CITY ATTORNEY'S MATTERS ,') '\ .. ~\-\. . \., , ELECTED OFFICIALS' MATTERS \1 ~"-\(j (2.. - )L.\ lv' F\CLl"-,, .~.,t \j Ji..~<n,....." ,,, '1\.9- I'; '-- ( '>j Meeting adjourned at S', (l) pm I \ \;, ~. \.. .. '. I, ~, , ,S2.. ~ \. I.. ,--, -.J'" ,,:\(. \ , ( ~ """""":"" ' \:. l': ~s. I \ ~ /) __ ,~c \~ L\ x' (A',':,,!:i) i\\.A,!\"1.. ':Wr {'/',II_/, c; ---\-' .,i\ '.J ~(_c.. ~ ,) , '- \ 'C-, I \) y \' \" .j\!~\ L'\.,)\\.\l\ !1--c'\J'.,c,Jr; _~' ):, .!., _ I --- v - - .',' \ ..., .\-\ .r"" c' ',- ~- '\'\.--, '~ ,\ <.. \-l ;jI ',' f-- n, '~ll .' r\ ," ,~..J '- ,\,\,>- I-I \.J' \-'. (n, --1-'--_____ - /..~( i..\ ,'~-\..'^"'-~ , rA "'\ I I \ t\ ;1.'.- , ,1 I ." i \ J...., 1\ \ -I" '). v '1.... '" ,I (\ )" ,,- tv . '''- v.. \ 1", c.. \ ~J Vy', \~"-';-\C'\' \/4 '\'u .J '--''<--''''', /Oc , ~ 1.,-.\ \~ / Christa Jones, Deputy City Clerk i , I (' _ I (,I- \','. ),71\',-",: \.J, APPROVED BY CITY COUNCIL ON SEPTEMBER 12, 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 \, '-I '\ ~ \ \, v \\.1 '\' '~, L- j\\", c".,'~,__ ... . '>./' , ' " \ \. \)v,' "'.:;..,' . -, ':\ '\.~ i.. ( \. \ .'.~""j"",~',,\, ,- \ I -" ., I \' -t'~ '-~.. \, -/' ..... 1 ' I - '\ ,'-, "i. '-' " ~t'-;- c. -.\ 1- I \ ~-1 ~