HomeMy WebLinkAboutStudy Session Agenda Packet 12-03-2018
STUDY SESSION AGENDA
CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO December 3, 2018
6:30 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information
Officer 303-235-2877 at least one week in advance of a meeting if you are
interested in participating and need inclusion assistance.
Citizen Comment on Agenda Items
1. Family Justice Center Update
2. Memorandum of Understanding to join the Colorado Electronic Crimes Task Force
3. Revision to West Metro Drug Task Force IGA
4. Moratorium on Administrative Subdivisions in Bel Aire
5. Appointment of City Treasurer
6. Staff Report(s)
7. Elected Officials’ Report(s)
ADJOURNMENT
Memorandum
TO: Mayor Bud Starker and City Council THROUGH: Patrick Goff, City Manager FROM: Daniel Brennan, Chief of Police DATE: December 3, 2018 SUBJECT: Family Justice Center
On December 4, 2017, Senior Deputy District Attorney Candace Cooledge, gave a presentation
to City Council on the proposed Family Justice Center for Jefferson County. Family Justice
Centers serve as a multi-disciplinary approach in providing all services to victims of domestic violence, sexual assault, elder abuse, human trafficking, and other forms of violence at one location.
Senior District Attorney Cooledge will update City Council on the progress of opening a Family
Justice Center, now known as Porchlight, in Jefferson County. I have attached a copy of their PowerPoint presentation for you to review. Members of the Wheat Ridge Police Department continue to be involved as subcommittee
members on this project. Staff continues to assess how our organization will integrate these
services into our department. ATTACHMENTS: 1. 2017 Staff Report concerning the Family Justice Center
2. 2018 Family Justice Center PowerPoint
ATTACHMENT 1
Memorandum
TO: Mayor Bud Starker and City Council THROUGH: Patrick Goff, City Manager
FROM: Daniel Brennan, Chief of Police DATE: December 4, 2017 SUBJECT: Family Justice Center
The First Judicial District Attorney’s Office, under the direction of District Attorney Pete Weir,
is pursuing the goal of opening a Family Justice Center in Jefferson County. The concept of a
family justice center is to locate multi-disciplinary services in one location for victims of domestic violence, sexual assault, elder abuse, human trafficking, and other forms of violence. There are approximately 130 Family Justice Centers located throughout the nation, including the Rose Andom Center in Denver.
The need for a Family Justice Center is real. In Jefferson County today, these types of crimes often involve multiple service providers who try to provide services to victims. These service providers include law enforcement, victim advocates, medical service providers, human services, counselors and therapists, non-profit providers, and the prosecutor to name a few. The disparity
of the system means victims often have to tell their story many times over and while it looks
different for each victim, there is a significant burden placed on victims and their children due to the current model of providing services. Studies show that the current model is overwhelming for victims; resulting in victims withdrawing from the process of seeking justice and assistance and oftentimes returning back to an abusive relationship.
The First Judicial District Attorney’s Office has begun the process to explore and create a Family Justice Center in Jefferson County. The D.A.’s Office has reached out to the Family Justice Center Alliance, a group of national experts who have helped over 70 communities create Family Justice Centers, based on the needs of each community. A community meeting was held on July
26, 2017, followed by a meeting with law enforcement. The D.A.’s Office has been meeting
with community groups, non-profits, and government leaders on this concept and seeking support for this approach. An Executive Committee and a Steering Committee have been formed, and staff from the Police Department are participating in these groups.
Assistant District Attorney Michael Dougherty and Senior Deputy District Attorney Candace
Cooledge will provide City Council with an overview of the Family Justice Center Concept. I have attached a copy of the PowerPoint presentation for your information.
AT
T
A
C
H
M
E
N
T
2
Th
a
n
k
y
o
u
J
E
F
F
C
O
BU
S
I
N
E
S
S
R
E
S
O
U
R
C
E
CE
N
T
E
R
!
!
!
PO
R
C
H
L
I
G
H
T
’
S
M
I
S
S
I
O
N
PO
R
C
H
L
I
G
H
T
’
S
V
I
S
I
O
N
A
N
D
V
A
L
U
E
S
VA
L
U
E
S
(
w
h
a
t
w
e
b
e
l
i
e
v
e
)
We
B
e
l
i
e
v
e
…
•
Ho
p
e
.
At
P
o
r
c
h
l
i
g
h
t
,
w
e
b
e
l
i
e
v
e
i
n
a
v
i
o
l
e
n
c
e
‐
fr
e
e
f
u
t
u
r
e
f
o
r
e
v
e
r
y
o
n
e
.
•
Re
s
p
e
c
t
.
At
P
o
r
c
h
l
i
g
h
t
,
w
e
b
e
l
i
e
v
e
i
n
r
e
s
p
e
c
t
fo
r
a
l
l
p
e
o
p
l
e
,
r
e
g
a
r
d
l
e
s
s
o
f
d
i
f
f
e
r
e
n
c
e
s
.
•
Co
m
m
u
n
i
t
y
.
At
P
o
r
c
h
l
i
g
h
t
,
w
e
b
e
l
i
e
v
e
i
n
t
h
e
po
w
e
r
o
f
a
c
o
m
p
a
s
s
i
o
n
a
t
e
c
o
m
m
u
n
i
t
y
a
n
d
th
e
t
r
a
n
s
f
o
r
m
a
t
i
v
e
p
a
r
t
n
e
r
s
h
i
p
s
t
h
a
t
s
u
p
p
o
r
t
co
u
r
a
g
e
a
n
d
h
e
a
l
i
n
g
.
•
Em
p
o
w
e
r
m
e
n
t
.
At
P
o
r
c
h
l
i
g
h
t
,
w
e
b
e
l
i
e
v
e
t
h
a
t
ea
c
h
p
e
r
s
o
n
d
e
s
e
r
v
e
s
t
h
e
o
p
p
o
r
t
u
n
i
t
y
t
o
di
r
e
c
t
t
h
e
i
r
o
w
n
l
i
f
e
.
•
Fr
e
e
d
o
m
.
At
P
o
r
c
h
l
i
g
h
t
,
w
e
b
e
l
i
e
v
e
e
v
e
r
y
o
n
e
ha
s
t
h
e
r
i
g
h
t
t
o
l
i
v
e
i
n
s
a
f
e
t
y
a
n
d
f
r
e
e
f
r
o
m
fe
a
r
.
•
VI
S
I
O
N
(
w
h
a
t
w
e
s
e
e
i
n
t
h
e
f
u
t
u
r
e
)
•
Po
r
c
h
L
i
g
h
t
i
s
a
b
e
a
c
o
n
o
f
l
i
g
h
t
,
n
o
m
a
t
t
e
r
t
h
e
da
r
k
n
e
s
s
.
W
e
i
n
s
p
i
r
e
h
o
p
e
a
n
d
o
f
f
e
r
a
p
l
a
c
e
fo
r
h
e
a
l
i
n
g
,
c
r
e
a
t
i
n
g
a
c
o
m
m
u
n
i
t
y
f
r
e
e
f
r
o
m
vi
o
l
e
n
c
e
,
a
b
u
s
e
a
n
d
e
x
p
l
o
i
t
a
t
i
o
n
WH
E
R
E
A
R
E
W
E
N
O
W
?
•
Co
m
m
i
t
t
e
e
s
a
n
d
w
o
r
k
g
r
o
u
p
s
me
e
t
i
n
g
r
e
g
u
l
a
r
l
y
i
n
c
l
u
d
i
n
g
V
O
I
C
E
S
co
m
m
i
t
t
e
e
•
Pr
o
j
e
c
t
B
o
a
r
d
•
DA
5
0
1
(
c
)
(
3
)
•
Pr
o
B
o
n
o
a
t
t
o
r
n
e
y
–
t
h
a
n
k
y
ou
Ja
c
k
s
o
n
K
e
l
l
y
a
n
d
J
o
h
n
Z
a
k
h
e
m
!
•
We
h
a
v
e
O
V
E
R
7
0
p
a
r
t
n
e
r
s
a
n
d
co
m
m
u
n
i
t
y
s
u
p
p
o
r
t
•
Th
a
n
k
y
o
u
J
A
N
F
E
R
G
US
O
N
a
n
d
KE
L
L
E
N
C
o
m
p
a
n
y
–
F
U
R
N
I
T
U
R
E
DO
N
A
T
I
O
N
–
J
C
S
O
m
o
v
i
n
g
/
s
t
o
r
a
g
e
•
We
a
r
e
g
e
t
t
i
n
g
$
$
$
T
h
a
n
k
y
ou
Go
l
d
e
n
,
D
i
s
tr
i
c
t
A
t
t
o
r
n
e
y
P
e
t
e
W
e
i
r
,
Je
f
f
c
o
S
h
e
r
i
f
f
J
e
f
f
S
h
r
a
d
e
r
,
C
o
l
o
r
a
d
o
At
t
o
r
n
e
y
G
e
n
e
r
a
l
,
L
a
k
e
w
o
o
d
P
D
,
Fi
r
s
t
B
a
n
k
!
•
GR
A
N
T
f
u
n
d
i
n
g
•
JC
S
O
a
n
d
L
P
D
–
F
a
m
i
l
y
C
rimes
Un
i
t
s
•
Hi
g
h
R
i
s
k
A
s
s
e
s
s
m
e
n
t
T
e
a
m
•
Ma
r
k
e
t
i
n
g
M
a
t
e
r
i
a
l
•
ww
w
.
p
o
r
c
h
l
i
g
h
t
f
j
c
.
o
r
g
WE
H
A
V
E
A
L
O
C
A
T
I
O
N
!
!
!
Th
a
n
k
y
o
u
C
h
e
r
y
l
e
P
o
w
e
l
l
Sp
e
r
r
y
C
o
m
m
e
r
c
i
a
l
G
l
o
b
a
l
A
f
f
i
l
i
a
t
e
s
FU
N
D
R
A
I
S
I
N
G
V
I
D
E
O
Th
a
n
k
y
o
u
J
e
n
u
i
n
e
&
B
l
u
Memorandum
TO: Mayor Starker and City Council THROUGH: Patrick Goff, City Manager
Daniel Brennan, Chief of Police FROM: Darrel Guadnola, Investigations Bureau Commander DATE: December 3, 2018
SUBJECT: Staff Report: Membership in the Colorado Electronic Crimes Task Force
ISSUE:
An Intergovernmental Agreement (IGA) has been formulated between the United States Secret Service (USSS) and the City of Wheat Ridge for the purpose of allowing the Wheat Ridge Police Department to join the Colorado Electronic Crimes Task Force (CECTF). This ad-hoc task force provides forensic computer investigation capability and network investigative response to its law
enforcement community members.
FINANCIAL IMPACT: Once membership is confirmed, the USSS is empowered to provide funding for overtime and equipment to CECTF partners, asset forfeiture for joint investigations with task force partners,
and training at the National Computer Forensics Institute. Training for CECTF partners is paid
for by the USSS. In addition, upon successful completion of training, CECTF partners return to their home agencies with the equipment required to begin investigative work within the newly trained discipline. This equipment is also provided to member agencies by the USSS at no cost. There is no financial outlay required in order to join this task force.
BACKGROUND: Currently the Wheat Ridge Police Department is not equipped to perform computer forensic examinations on computers that may contain evidence of criminality. When such examinations are needed, the department has basically two options, hire a third party vendor to complete the
forensic imaging required, or attempt to get the computer examined by the Rocky Mountain
Regional Computer Forensics Laboratory (RMRCFL). The first of these options has several limitations and drawbacks. Among them is the lack of control Wheat Ridge Police have over the timeframes within which forensic imaging must be
accomplished. Searches pursuant to a warrant have specific time frames and often this course of
action requires multiple warrants be written due to the extended period of time between the initial warrant, and the time the forensic examination or imaging takes place. Another common drawback of this method manifests itself when investigators receive a disk or flash drive containing a portable version of the forensic software, and a full image of the computer or device
in question. This creates the need for the investigator to essentially look through the entire
Staff Report: Membership in the Colorado Electronic Crimes Task Force
December 3, 2018
Page 2 copied image for any evidence. Absent technical skill, advance forensic tools, and training in this area, this can be akin to dropping off one or more file cabinets full of documents telling the
investigator that he or she is now tasked with examining every document for evidentiary or
exculpatory value. Use of outside vendors can often create a number of issues that must be addressed later on, and can be exceptionally time consuming for the assigned investigator. With regard to the latter option, recently the Rocky Mountain Regional Computer Forensics
Laboratory has significantly paired back its willingness to assist law enforcement agencies who
do not devote a full time employee to their lab. As such, they cannot be considered a reliable resource for computer forensic imaging needs.
Membership in the CECTF requires only a commitment of time from Wheat Ridge Police, all
training and equipment costs are paid for entirely by USSS. At fruition, the commitment of the agency to the program would be to assist other agencies periodically with their computer forensic imaging needs, and to commit to assist the USSS for a period of three years with their investigational needs in the event of a large-scale cyber-attack against a sector of Colorado’s
critical infrastructure.
An internal review of the need for, and potential use of, a program of this nature was conducted. Using historical data, numerous past cases were identified wherein a program such as this would have increased the efficiency of the investigations bureau and provided an increased level of
customer service to the citizens we serve.
RECOMMENDATIONS: Staff recommends that City Council approve the IGA making the City of Wheat Ridge Police Department a member agency of the Colorado Electronic Crimes Task Force.
ATTACHMENTS: 1. Memorandum of Understanding between the Wheat Ridge Police Department and the United States Secret Service.
MEMORANDUM OF UNDERSTANDING
BETWEEN THE WHEAT RIDGE POLICE DEPARTMENT AND THE UNITED STATES SECRET SERVICE The Wheat Ridge Police Department and the United States Secret Service (USSS) enter into this memorandum of understanding (MOU), which becomes effective with the signatures of both parties and remains in effect until terminated by the mutual agreement of the Wheat Ridge Police Department and the USSS or upon 30 day written notice by
either party to this agreement. This MOU does not supersede a previous agreement.
I. AUTHORITY
This MOU is established pursuant to Title 18, United States Code, Section 3056 and provisions of Public Law 107-56, Title I, Section 105, the Uniting and Strengthening of America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001. This act directed the USSS to take appropriate actions to
expand the national network of Electronic Crimes Task Forces (ECTF) throughout the
United States.
Additionally, this MOU is established pursuant to provisions of the Treasury Forfeiture Fund Act of 1992, 31 USC 9703, as amended. This act established the Department of the Treasury Forfeiture Fund and authorized the payment of certain overtime expenditures,
travel, fuel, training, equipment and other similar costs of State and Local law
enforcement officers, that are involved in joint operations, with a Department of the Treasury law enforcement organization, as prescribed in 31 USC 9703 (a)(1)(I) (hereinafter “overtime costs and other expenses”).
II. PURPOSE
This MOU establishes the procedures and responsibilities of both the Wheat Ridge Police Department and the USSS for the reimbursement of certain overtime costs and other
expenses pursuant to 31 USC 9703. In addition, this MOU articulates the USSS’s preference that Wheat Ridge Police Department personnel who are trained and equipped at the National Computer Forensic Institute (NCFI) be made available for a three (3) year period to assist the USSS in the event of a large-scale cyber attack against a sector of the Critical Infrastructure within their state.
III. BACKGROUND
While the Secret Service leads this innovative effort, the agency believes in partnerships
with strong emphasis on prevention and education, in addition to traditional law enforcement measures. The Secret Service will combine with other task force partners to provide resources and investigative techniques to the ECTF mission, as well as facilitating and administering task force operations. Other law enforcement agencies
bring additional criminal enforcement jurisdiction, resources, manpower, and expertise to
ATTACHMENT 1
the ECTF mission. Representatives from private industry and academia also enhance the
mission by bringing a wealth of technical expertise and research capabilities.
The Colorado Electronic Crimes Task Force (CECTF) mission is to establish a strategic alliance of Federal, State, and Local law enforcement agencies, private sector technical experts, prosecutors, academic institutions, and private industry in order to confront and suppress technology-based criminal activity that endangers the integrity of our Nation’s
financial payment systems and poses threats against our Nation’s critical infrastructure.
The ultimate goal of the CECTF is to provide a productive framework and collaborative crime-fighting environment in which the resources of its participants can be combined to effectively and efficiently to make a significant impact on electronic (cyber) crimes.
IV. RESPONSIBILITIES
The parties agree to the following conditions:
(a) The Wheat Ridge Police Department may request reimbursement of payment of
overtime costs and other expenses directly related to work performed by its officer(s) assigned to assist the U.S. Secret Service’s CECTF in conducting official investigations. The Wheat Ridge Police Department will submit all requests for reimbursement payments, together with appropriate documentation,
to the U.S. Secret Service’s CECTF Supervisor. Request for reimbursement will
be based solely upon overtime worked and other expenses performed on behalf of the U.S. Secret Service’s CECTF.
(b) All reimbursement hours of overtime costs and all other expenses covered under this MOU must be approved and certified by the U.S. Secret Service CECTF
supervisor. The reimbursable overtime payments will be based upon the actual
hourly overtime rate, exclusive of matching employer contributions for any taxes or benefits.
(c) The U.S. Secret Service CECTF supervisor will forward all approved reimbursement requests through the Special Agent in Charge (SAIC) Criminal
Investigative Division, Office of Investigations, to the Treasury Forfeiture Fund’s
payment agent, the U.S. Customs National Finance Center (NFC).
(d) During the period of assignment to the CECTF, the Wheat Ridge Police Department will remain responsible for establishing the salary and benefits, including overtime of the officer(s) assigned to the Task Force and making all
payments due them. Reimbursement under this MOU is contingent upon the
availability of mandatory funds allocated to the U.S. Secret Service through the Department of the Treasury Forfeiture fund.
(e) The Wheat Ridge Police Department shall permit and have readily available for examination and auditing by the U.S. Secret Service, the Department of Treasury,
the Comptroller of the United States, and any of their duly authorized agents and
representatives, any and all records, documents, accounts, invoices, receipts or
expenditures relating to this agreement. They shall maintain all such records and
reports until all audits and examinations are completed and resolved, or for a
period of three (3) years, whichever is sooner.
(f) Payments may be made to the extent they are included in the U.S. Secret Service Fiscal Year Plan and the monies are available within the Department of Treasury Forfeiture Fund to satisfy the request(s) for reimbursable expenses. It should also
be understood that the total amount(s) made available to the U.S. Secret Service
through the Department of the Treasury Forfeiture Fund, for reimbursement to the Wheat Ridge Police Department, could change at any time.
(g) Pursuant to the Treasury Executive Office for Asset Forfeiture (TEOAF) directive number 18, the maximum reimbursement entitlement for overtime costs to any
one law enforcement official cannot exceed fifteen-thousand ($15,000.00) dollars
during the fiscal year.
(h) This document does not obligate funds. Funding authority will be provided through other documents.
(i) The Wheat Ridge Police Department shall provide the U.S. Secret Service within
10 days of the signing of this MOU, with their agency’s mailing address, contact
name, telephone number and tax identification number. Further, this agency must provide the name, account number and ABA routing number of the financial institution where the Wheat Ridge Police Department wants the Electronic Funds transfer (EFT) payment deposited for the reimbursement of overtime salary costs.
Failure to provide this information within the prescribed period of time will
nullify this MOU agreement.
(j) The Wheat Ridge Police Department is strongly encouraged to make its personnel who are trained and equipped at the National Computer Forensic Institute (NCFI) available to assist the USSS in the event of a large-scale cyber attack against a
sector of the Critical Infrastructure within their state. The USSS contemplates
that Wheat Ridge Police Department will provide this assistance for a period of at least three (3) years after its employee completes his NCFI training.
V. POINTS OF CONTACT:
The U.S. Secret Service’s CECTF Supervisor shall serve as the primary point of contact. The Supervisor of the CECTF, 5619 DTC Parkway, Suite 400, Greenwood Village, CO 80111 can be reached at 303-850-2700.
The Wheat Ridge Police Department’s Investigations Bureau Commander shall serve as
the primary point of contact. The Investigations Bureau Commander of the Wheat Ridge Police Department 7500 W. 29th Ave. Wheat Ridge, CO 80033 can be reached at (303) 235-2949.
VI. OTHER PROVISIONS:
Nothing in this Agreement is intended to conflict with federal law or the directives of the DHS or the Wheat Ridge Police Department. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in effect.
VII. EFFECTIVE DATE:
The terms of this Agreement will become effective on December 3, 2018.
VIII. MODIFICATIONS:
The terms of this Agreement may be amended upon mutual written consent of both the U.S. Secret Service’s Colorado Electronic Crimes Task Force and the Wheat Ridge
Police Department.
______________________________ ______________________________ SAIC John A. Gullickson Chief/Commissioner/Sheriff or Designee Daniel G. Brennan U.S. Secret Service Wheat Ridge Police Department Denver Field Office
Date:__________________________ Date:_________________________
_______________________________ SAIC U.S. Secret Service Criminal Investigative Division
Date:___________________________
Memorandum
TO: Mayor Bud Starker and City Council THROUGH: Patrick Goff, City Manager
Daniel Brennan, Chief of Police
FROM: Dave Pickett, Division Chief Support Services Division DATE: December 3, 2018
SUBJECT: Updated West Metro Drug Task Force Intergovernmental Agreement
ISSUE:
Changes in the way that the Federal Government handles asset forfeiture has required that the funding model for the West Metro Drug Task Force (WMDTF) be reconsidered. A new Intergovernmental Agreement (IGA) is required between the participating agencies; the Jefferson County Sheriff’s Office, the First Judicial District Attorney’s Office, and the cities of Arvada,
Lakewood, Golden and Wheat Ridge outlining the new funding model.
FISCAL IMPACT: There will be no substantive fiscal impact. The Wheat Ridge Police Department (WRPD) will continue to pay the salary and benefits of its team members assigned to the WMDTF. The
opportunity for asset forfeiture funds to be awarded to WRPD remains; however, the mechanism
by which those funds are requested and delivered will change. These funds are contained within the City of Wheat Ridge Fund 17, the Police Investigation Fund. BACKGROUND: In 1995, the City of Wheat Ridge entered into the current IGA with the above-listed agencies.
Since that time, WRPD has maintained team members at the task force and all major drug distribution investigations in this jurisdiction have been handled by the WMDTF. Since its inception in 1995, the WMDTF has been funded by the participating agencies
supplying personnel and vehicles at their expense. The operating budget has been funded by
asset forfeiture with the task force, rather than any individual agency, being the recipient of all forfeited funds. The operating budget consists primarily of building leases, equipment, software and hardware, and other miscellaneous costs necessary to operate this task force. When forfeited funds grew to the point that several years’ worth of operating costs were covered, the task force,
at the governing board’s discretion, would disburse funds to the participating agencies in
accordance with the IGA. The disbursement formula was based on the number of personnel each agency supplied to the task force. The Federal Asset Forfeiture and Equitable Sharing program has changed and no longer has a
provision for the distribution of forfeited assets directly to the task force because the task force is
Staff Report: Revision to the WMDTF Intergovernmental Agreement
December 3, 2018
Page 2 not a separate and distinct governmental entity. In addition, there is no longer a mechanism for the task force to disburse funds, over and above its operating costs to the individual law
enforcement agencies.
Under the new IGA, the Jefferson County Sheriff’s Office will become the fiscal agent of the task force and manage the operating costs of the WMDTF. Funds through the equitable sharing program, as well as any state forfeiture assets, will be requested by and delivered to the Sheriff’s
Office for these expenses. Once 115% of operating costs have been received in any fiscal year,
any additional seizure requests will be made to the United States Marshall’s Service by the member agencies. Once an equitable share has been determined by the Federal Government, assets will be delivered to each individual agency by the formula outlined in the new IGA.
The distribution formula in the new IGA assigns one participation credit for each team member
an agency assigns to the task force. In addition, the Jefferson County District Attorney’s Office will be given 1.5 credits to recognize their work in prosecuting cases developed by the task force. As an example, the current authorized strength of the task force is 19 members. WRPD has two detectives currently assigned to the task force, so Fund 17 would get 10.5% of any awarded
assets. This percentage is subject to change depending on the total authorized strength and the
number of team members assigned by WRPD. The Special Investigations Unit sergeant position authorized in the 2019 budget would take WRPD’s participation credits to three. These changes do not change any of the Federal or State requirements for asset forfeiture funds
including the requirement to maintain funds in a special account, which is Fund 17. The Police
Department will continue to use the Police Seizure Fund Committee consisting of the Police Chief, the District Attorney, and a City Councilmember to approve expenditures from Fund 17. RECOMMENDATION: Staff recommends that the City of Wheat Ridge enter into the new IGA with the other current
members of the West Metro Drug Task Force. ATTACHMENTS: 1. Proposed West Metro Drug Task Force IGA
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE
11-00123 1 of 9
1.PARTIES. This Amended and Restatement Intergovernmental Agreement to Establish the West
Metro Drug Task Force (this “Agreement”) is made between the cities of Arvada, Lakewood, Wheat
Ridge, and Golden, the District Attorney for the First Judicial District of Colorado (“District
Attorney”), and Jefferson County through and on behalf of the Jefferson County Sheriff (each, a
“Party,” and collectively referred to as the “Parties”).
2.RECITALS.
2.1. Intergovernmental agreements to provide functions or services, including the sharing of the costs
of such services or functions by political subdivisions of the State of Colorado, are specifically
authorized by § 29-1-203, C.R.S. and Article XIV, § 18(2)(a), Colorado Constitution.
2.2. The Parties hereto are each authorized to lawfully provide, establish, maintain, and operate law
enforcement and other emergency services.
2.3. Contiguous boundaries often result in more than one law enforcement agency becoming
involved in the investigation of criminal enterprises.
2.4. The ability of a Party to respond to criminal enterprises may be limited by its personnel and
equipment.
2.5. The Parties desire to establish and implement the West Metro Drug Task Force (hereinafter
referred to as “Task Force”) to be utilized in the identification, investigation, and prosecution of
individuals and groups involved with the trafficking of illegal drugs and associated criminal
enterprises.
2.6. The Parties established, or joined later, the Jefferson County Task Force pursuant to an
intergovernmental agreement dated September 20, 1995, as amended (“Original Agreement”),
which the Parties wish to replace and supersede with the terms of this Agreement.
2.7. Establishment of this Agreement promotes a public purpose and the safety, security, and general
welfare of the inhabitants of Jefferson County.
3.PREVIOUS AGREEMENT. The Parties agree that the terms and conditions of the Original
Agreement are superseded in their entirety by this Agreement, and the terms of the Original
Agreement shall cease to apply to the Task Force.
4.TASK FORCE.
4.1. This Agreement is to facilitate cooperation between the Parties in the provision of the services
provided herein but does not establish a separate legal entity to do so. The Parties enter into this
Agreement as separate, independent governmental entities and shall maintain such status
throughout the term of this Agreement.
4.2. For and in consideration of the promises of the Parties set forth herein, each Party agrees, subject
to the limitations herein set forth, to aid and assist the other Parties by causing and permitting its
law enforcement personnel and its equipment to be used in conducting overt and covert
investigations of criminal activity in the jurisdiction of any of the others Parties in including but
not limited to the trafficking of illegal drugs or alcohol, money laundering, fencing stolen
property, gambling, prostitution, and other vice offenses, or other exceptional instances when
ATTACHMENT 1
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE
11-00123 2 of 9
covert investigation procedures are needed in the jurisdiction served by one Party which are in
the common interest of the law enforcement agency of each Party.
4.3. Each Party shall maintain that level of personnel and equipment necessary to meet its obligations
under this Agreement.
4.4. Response by any Party beyond the jurisdiction of the responding Party is hereby deemed to be
approved by the Parties and such response shall require no further approval or request for mutual
aid by the responsible officials of any Party, unless this Agreement is later modified through
written amendment or unless otherwise required by law.
4.5. Governing Board. A governing board shall be created to establish policy, approve procedures,
and oversee operational and administrative matters of concern to the Task Force, referred to as
the “Governing Board.” The Governing Board shall include the CEO or designee of each Party.
The Governing Board shall also make determinations with respect to distribution of Task Force
funds to the Parties. The Governing Board shall elect a chairperson based on a vote of the
majority. The Governing Board shall meet not less than quarterly.
4.6. Policies and Procedures. Each Party shall implement the provisions of this Agreement by
establishing policies and procedures concerning equipment, training, and personnel standards for
personnel who will be assigned to the Task Force (“Officer” or “Officers”) subject to the
following limitations:
4.6.1. To be eligible for assignment to the Task Force, Officers must pass and maintain pertinent
and lawful performance standards which have been approved by the Governing Board. The
standards may pertain to firearm qualifications, physical fitness standards, drug screenings
or other performance standards.
4.6.2. Any disciplinary action imposed against an Officer as a result of his or her involvement or
participation in the Task Force shall be the responsibility of the Officer’s respective agency.
4.6.3. An Officer who has passed the performance standards is not eligible for appointment to the
Task Force unless all members of the Governing Board agree to such assignment. Any
Officer assigned to the Task Force shall be removed from the Task Force at any time, with
or without cause, at the request of the Officer’s appointing agency.
4.6.4. The forms utilized by all Officers assigned to the Task Force to record investigative and
administrative activities pursuant to Task Force involvement shall be those forms currently
in use by the Jefferson County Sheriff.
4.6.5. All evidence and property seized by Officers assigned to the Task Force shall be seized,
identified, preserved, booked, and stored pursuant to the policies and procedures in effect
with the Commission on Accreditation for Law Enforcement Agencies, as may be amended
from time to time.
4.6.6. Each Officer assigned to the Task Force shall be provided a vehicle and the personal
equipment required for the execution of law enforcement duties by their respective
agencies.
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE
11-00123 3 of 9
4.6.7. Officers assigned to the Task Force shall be subject to the supervision of the supervisory
and command personnel assigned to the Task Force regardless of which Party assigned the
supervisor or Officer to the Task Force.
4.7. Financial Matters.
4.7.1. The Task Force shall be funded by asset forfeiture funds that are equitably shared with the
Financial Host, as defined herein, by the Federal Government in accordance with the
“Guide to Equitable Sharing of Federally Forfeited Property for State and Law Enforcement
Agencies,” and the policies and procedures of the local offices of the relevant Federal
agencies or departments (“Forfeiture Funds”).
4.7.2. Financial Host. The Jefferson County Sheriff shall act as the Financial Host for the Task
Force. The Financial Host is responsible for applying for, receiving, maintaining and
reporting federal Forfeiture Funds. All Forfeiture Funds received by the Financial Host shall
be maintained in separate revenue accounts or accounting codes by the Financial Host’s
jurisdiction. These funds will be treated in the same manner as appropriated funds,
including procedures for all procurement and approval processes and inclusion in all single
audit requirements by the Financial Host. The Parties agree that Forfeiture Funds are
property of the Financial Host. The Governing Board may, if and when it desires, by
unanimous selection designate a different Financial Host.
4.7.3. Forfeiture Funds awarded to the Financial Host on behalf of the Task Force shall be spent
by direction of the Governing Board. Forfeiture Funds shall first be expended in support of
Task Force operations, such as paying the normal operating expenses of the Task Force,
including, but not limited to; leases, rental of undercover vehicles, training of personnel,
and investigative costs. The Financial Host will not expend funds at the direction of, or for
the sole use of, federal agencies.
4.7.4. The Financial Host will submit the sharing request for all Forfeiture Funds and will receive
and maintain the shared Forfeiture Funds in support of the Task Force, except as otherwise
provided in section 4.7.5 of this Agreement. The Financial Host must be a party to this
Agreement and an Equitable Sharing Program (“Program”) participant and compliant with
the Program guidelines and reporting requirements. The Financial Host may submit one
Equitable Sharing Request form (DAG-71) or Treasury TD F 92-22.46 form (TD F) under
its NCIC code on behalf of the Task Force members. The DAG-71 or TD F form must
include the total workhour and qualitative contributions of all agencies in the investigation.
4.7.5. In the event equitably shared funds received in a fiscal year exceed 115% of the authorized
budget for the Task Force, each Party may submit its own sharing request for subsequent
funds as long as they are Program participants and compliant with the Program guidelines
and reporting requirements. The Party must submit an individual DAG-71 or TD F form
under its own NCIC code. Funds subject to this subparagraph will be distributed based upon
the level of participation by each Party: Each Party will receive one participation credit for
each of its personnel assigned full-time to the Task Force at the time the sharing request is
submitted, including those individuals assigned as Task Force Officers to a Federal Drug
Task Force, except that the District Attorney shall receive 1.5 participation credits, but no
less than 4% of distributed Forfeiture Funds. The total number of participation credits shall
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE
11-00123 4 of 9
equal 100. The Task Force Commander shall be tasked with maintaining a current list of
Officers and shall submit the appropriate percentages for distribution based upon current
participation to the Program with each DAG-71 or TD F form.
4.7.6. The agency expending Forfeiture Funds must report the expenditure and maintain
ownership and control of any tangible items. Should the Task Force dissolve or the
Financial Host withdraw, all equipment must be returned to the purchasing agency.
Furthermore, the agency will not expend funds at the direction of or for the sole use of
federal agencies.
4.7.7. Each Party must file an Equitable Sharing Agreement and Certification (ESAC) form to the
United States Department of Justice Asset Forfeiture Program.
4.7.8. Task Force forfeiture funds will be audited on a quarterly basis by accounting personnel
employed by Parties to this Agreement but not employed by the Financial Host. The results
of the audit will be presented to the Governing Board for review. Governing board
members, at their discretion, may elect to conduct an independent audit of the forfeiture
funds.
4.7.9. Forfeitures resulting from seizures of money and/or personal and real property resulting
from any individual Party’s operations outside of the Task Force operations shall not be
considered as Forfeiture Funds for the Task Force and shall be the sole property of the Party
whose operation generated the forfeiture assets.
4.7.10. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado
Constitution Article X, Section 20 and financial obligations of any Party after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available by such Party’s governing body.
5. ADDITIONAL PARTIES. Municipalities situated partly or wholly within Jefferson County who
wish to join this Agreement may do so by an amendment to this Agreement executed by each Party.
6. TERM AND TERMINATION. This Agreement shall take effect upon its execution by all Parties and
continue indefinitely until terminated as provided herein.
6.1. Any Party may terminate its participation in this Agreement with or without cause upon 30 days
prior written notice to each of the other Parties. Any such termination shall terminate the
obligations of the withdrawing Party only.
6.2. The Parties may agree by unanimous vote of the Governing Board to terminate the Task Force,
with written notice provided to each Party. Upon termination of the Task Force, any Forfeiture
Funds remaining after payment of all Task Force obligations shall become property of the
Financial Host.
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE
11-00123 5 of 9
7. LIABILITY AND IMMUNITY.
7.1. Each Party will be responsible for its own negligent or intentional acts or omissions and for those
of its employees, officers, agents and volunteers.
7.2. The Parties agree that in the event any claim or suit is brought against any Party by any third
party as a result of the operation of this Agreement, the involved Parties will cooperate with each
other, and with the involved Parties’ insuring entities, in defending such claim or suit.
7.3. The Parties shall, at their own expense, keep in full force and effect during the term of this
Agreement, sufficient General Liability Insurance, Comprehensive Automotive Liability
Insurance, and Worker’s Compensation Insurance, or adequate self insurance funds covering the
same.
7.4. The Parties intend that nothing herein shall be deemed or construed as a waiver by any Party of
any rights, immunities, limitations, or protections afforded to them under the Colorado
Governmental Immunity Act (§ 24-10-101, C.R.S., et seq.) as now or hereafter amended or
otherwise available at law or equity.
8. ADDITIONAL PROVISIONS.
8.1. None of the Parties waive its rights under the Colorado Governmental Immunity Act.
8.2. Each Party shall meet its obligations as set forth in C.R.S. § 29-1-205, as amended, to include
information about this Agreement in a filing with the Division of Local Government; however,
failure to do so shall in no way affect the validity of this Agreement or the remedies available to
the Parties hereunder.
8.3. The Parties, for themselves, their agents, employees and representatives, agree that they will not
divulge any confidential or proprietary information they receive from the other Parties or to
which they may otherwise have access, except as may be required by law.
8.4. This Agreement contains the entire agreement of the Parties relating to the subject matter hereof
and, except as otherwise provided herein, this Agreement may not be modified or amended
except by written agreement of the Parties.
8.5. No elected or employed member of any Party shall be paid or receive, directly or indirectly, any
share or part of this Agreement or any benefit that may arise therefrom.
8.6. No Party shall knowingly perform any act that would conflict in any manner with said Party’s
obligations hereunder. Each Party certifies that it is not engaged in any current project or
business transaction, directly or indirectly, nor has it any interest, direct or indirect, with any
person or business that might result in a conflict of interest in the performance of its obligations
hereunder.
8.7. This Agreement shall inure to the benefit of, and be binding upon, the Parties, their respective
legal representative, successors, heirs, and assigns, provided that nothing in this paragraph shall
be construed to permit the assignment of this Agreement except as otherwise expressly
authorized herein.
8.8. Notwithstanding anything to the contrary, the Parties understand and agree that all terms and
conditions of this Agreement that require continued performance or compliance beyond the
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE WEST METRO DRUG TASK FORCE
11-00123 6 of 9
termination or expiration of this Agreement shall survive such termination or expiration and shall
be enforceable against a Party if such Party fails to perform or comply with such term or condition.
8.9. The failure of a Party to enforce any right arising under this Agreement on one or more
occasions will not operate as a waiver of that or any other right on that or any other occasion.
8.10. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement and all right of action relating to such enforcement shall be strictly reserved to the
Parties and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other third Party. It is the express intention of Parties that any person other than
Parties receiving services or benefits under this Agreement shall be deemed to be an incidental
beneficiary only.
8.11. This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument. The Parties approve
the use of electronic signatures for execution of this Agreement. All documents must be properly
notarized, if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121.
8.12. Each Party represents that all procedures necessary to authorize such Party’s execution of this
Agreement have been performed and that the person signing for such Party has been authorized
to do so.
[Remainder of page left intentionally blank.]
11-00123 7 of 9
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the last
date below.
CITY OF ARVADA,
STATE OF COLORADO
By: _________________________________
Marc Williams, Mayor
Date: _______________________________
APPROVED AS TO FORM
Christopher K. Daly, City Attorney
By:______________________________
CITY OF LAKEWOOD,
STATE OF COLORADO
By: _________________________________
Kathleen E. Hodgson, City Manager
Date: _______________________________
ATTEST:
_______________________
Margy Greer, City Clerk
Approved as to form:
______________________________
Jennifer S. Roth, Deputy City Attorney - Criminal
Recommended for Approval:
Daniel J. McCasky, Chief of Police
11-00123 8 of 9
CITY OF WHEAT RIDGE,
STATE OF COLORADO
By: __________________________________
Bud Starker, Mayor
Date: _________________________________
APPROVED AS TO FORM
______________________________
CITY OF GOLDEN,
STATE OF COLORADO
By: __________________________________
Marjorie Sloan, Mayor
Date: _________________________________
APPROVED AS TO FORM
______________________________
THE DISTRICT ATTORNEY FOR THE FIRST
JUDICIAL DISTRICT OF COLORADO
By: __________________________________
Peter Weir, District Attorney
Date: _________________________________
APPROVED AS TO FORM
______________________________
11-00123 9 of 9
COUNTY OF JEFFERSON,
STATE OF COLORADO
By: __________________________________
Jeff Shrader, Sheriff
Date: _________________________________
APPROVED AS TO FORM
______________________________
Memorandum
TO: Mayor and City Council FROM: Kenneth Johnstone, Director of Community Development THROUGH: Patrick Goff, City Manager DATE: November 28, 2018 (for December 3 City Council study session) SUBJECT: Administrative Subdivision Temporary Moratorium – Next Steps
ISSUE: At the October 22, 2018 City Council meeting, Council adopted a temporary moratorium on the “acceptance, processing and approval of building permits for the construction of single family
residences in the R-1 zone district within subdivisions approved administratively.” The ordinance was adopted as an emergency, going into effect immediately and expiring on January 20, 2019, unless further extended by additional City Council action through approval of a non-emergency ordinance.
At the November 5, 2018 Council study session, in response to some of the issues raised at the October 22 meeting, staff presented possible options for taking action to make regulatory changes to the City’s subdivision and/or zoning regulations. At that study session, Council also provided consensus to reconsider the moratorium ordinance on the agenda for the next regular Council meeting, November 26. At the November 26, 2108 City Council meeting, Council voted
to reconsider the ordinance and then voted to “indefinitely postpone” said moratorium, effectively making it null and void. Following that action at the November 26 meeting, City Council adopted an alternative emergency ordinance, placing a 90-day moratorium on the acceptance, processing and approval
of any administrative subdivision applications in the Bel-Aire subdivision, for the purpose of evaluating code sections relative to administrative subdivision approvals. The above actions were taken, in part, in response to concerns about a 2-lot subdivision that was recently approved administratively in the Bel-Aire subdivision, at 4055 Everett Street, which
includes what is known as a “flag lot.” During the public testimony at recent Council meetings, various issues have been raised regarding this subdivision approval, including the following: 1. Lack of any requirement for public notice or a public hearing for administrative
subdivisions, which are those containing 3 or fewer lots. 2. Lack of requirement for a neighborhood meeting as a pre-requisite for making
Administrative Subdivision Temporary Moratorium – Next Steps
December 3, 2018
Page 2 subdivision application. 3. Preservation of neighborhood character, specifically related to the Bel-Aire subdivision,
but potentially in other parts of the City as well.
4. Dislike of flag lots. For the November 5 City Council study session, staff prepared a memo (attached) outlining Staff’s initial ideas on sections of the code that might be appropriately amended to address any
one of these various issues. At that meeting, City Council did not reach consensus on any one of
those approaches. Given that, staff would suggest a more general discussion on what, if any, of the above issues are of concern (or certainly others that City Council may identify) would be a good starting point of discussion. That discussion would then inform what, if any, code amendments might be appropriate and further, what level of public input would be desired to
inform those approaches.
The temporary moratorium on administrative subdivision approvals is effective through February 24, 2019. For any amendments to Chapter 26 (Zoning and Development), a Planning Commission public hearing and recommendation is required. If any additional public input is
desired by Council (other than the standard PC public hearing and CC public hearing), those
would need to be scheduled relatively quickly. In addition, through adoption of an ordinance through the standard public hearing process, a longer moratorium could be implemented, if City Council believes additional time is needed to address any issues that are identified. BACKGROUND:
Article IV of Chapter 26 (Subdivisions) was most recently amended in 2014 with an ordinance that repealed and reenacted the entire Article. During that process, the code was changed to allow subdivision of up to 3 lots to be approved administratively. Four and five lot subdivisions are reviewed by the Planning Commission at a public hearing and subdivisions of more than 5
lots, or those dedicating new public streets require hearings before both Planning Commission
and City Council. Prior to 2014, administrative subdivision approval could be granted only for consolidation of two (2) lots and for lot line adjustments. The City’s subdivision regulations do not encourage, but also do not prohibit flag lots. Flag lots
must meet the following criteria:
1. The minimum width at the pole portion abutting a public street is twenty-five feet. 2. The use of a flag lot is necessary for the effective development of the land. 3. The proposed design does not negatively affect public safety and includes clearly defined access for private use and for emergency service.
RECOMMENDATION: Staff requests discussion/direction identifying areas of concern on the issues noted previously in this memorandum and whether to pursue the adoption of an ordinance amending Chapter 26. ATTACHMENTS:
1. October 30, 2018 memorandum to City Council (for November 5, 2018 study session)
1
Memorandum
TO: Mayor and City Council
FROM: Kenneth Johnstone, Director of Community Development THROUGH: Patrick Goff, City Manager DATE: October 30, 2018 (for November 5 City Council study session)
SUBJECT: Residential-One (R-1) building permit moratorium
ISSUE:
At the October 22, 2018 City Council meeting, Council adopted a temporary moratorium on the “acceptance, processing and approval of building permits for the construction of single family residences in the R-1 zone district within subdivisions approved administratively.” The ordinance was adopted as an emergency, going into effect immediately and expiring on January
20, 2019, unless further extended by additional City Council action through approval of a non-
emergency ordinance. The ordinance was adopted, in part, in response to concerns about a 2-lot subdivision that was recently approved administratively in the Bel Aire subdivision, at 4055 Everett Street. As
drafted, the effect of the ordinance is such that it impacts two subdivisions, the one previously
noted and a second subdivision, known as the Gladys Subdivision, located at 2876-2880 Newland Street, where one of the two lots remains vacant. While Council did not provide specific direction on what substantive changes to the zoning code
might be pursued, if any, during the moratorium, staff has taken the liberty of proposing a few
options for consideration, given the short duration of the moratorium and the need to also hold a Planning Commission hearing on any potential changes to Chapter 26 of the Code. If Code changes are desired, City Council could potentially hold a first reading on an ordinance on November 26, a Planning Commission hearing on December 6 and a City Council public hearing
on January 14, 2019, prior to the moratorium’s expiration on January 20, 2019.
BACKGROUND: Article IV of Chapter 26 (Subdivisions) was most recently amended in 2014 with an ordinance that repealed and reenacted the entire Article. During that process, the code was changed to
allow subdivision of up to 3 lots to be approved administratively. Four and five lot subdivisions
are reviewed by the Planning Commission at a public hearing and subdivisions of more than 5 lots, or those dedicating new public streets require hearings before both Planning Commission and City Council. Prior to 2014, administrative subdivision approval could be granted only for consolidation of two (2) lots and for lot line adjustments.
ATTACHMENT 1
Based in part on some of the public testimony at the October 22 meeting, staff has drafted 5
possible code amendments that might be responsive to some of the concerns that were expressed.
Options 1 and 2 are procedural options that would change the subdivision review process/public notification requirements. These options would not be retroactive, so would not apply to the two affected subdivisions that have received their required administrative approvals. Options 3, 4 and 5 are possible substantive changes to Chapter 26 that could apply to the lots currently subject to
the moratorium, as well as potentially many other residentially zoned lots, depending on what
scope of applicability Council would choose to include in such an ordinance. Option 1: As noted previously, administrative subdivision approval can currently be granted for subdivision of up to 3 lots. No public hearings are required and no public notice is provided. It is
certainly an option to require a Planning Commission hearing and commensurate public notice
for all subdivisions, or hearings before both the Planning Commission and City Council for all subdivisions. The rationale behind not having hearings for smaller subdivisions is that subdivision approvals are considered ministerial actions by the City – if they meet minimum lot size/width, have street frontage/access and access to adequate utilities, the City has limited
discretion to deny the applications.
Option 2: When subdivisions meet the size thresholds to require public hearings, as summarized previously, they trigger standard public notice requirements for land use applications (publication in paper, physical posting of the property and mailed notice to property owners
within 300 feet of the subdivision). Unlike some other City land use applications, such as private
property initiated rezonings and special use permits, both of which modify the types of permitted uses on a property, subdivisions are not required to have a neighborhood meeting as a precursor to making application. Similar to the discussion in Option 1, the rationale behind that is generally that having a neighborhood input meeting for a ministerial type of application may send
somewhat of a mixed message as to what level of substantive impact the neighborhood will
actually have on the application under review. Option 3: The City’s subdivision regulations discourage, but do not prohibit “flag lots.” Flag lots must meet the following criteria:
1. The minimum width at the pole portion abutting a public street is twenty-five feet.
2. The use of a flag lot is necessary for the effective development of the land. 3. The proposed design does not negatively affect public safety and includes clearly defined access for private use and for emergency service.
The subdivision at 4055 Everett created a flag lot for the existing home at the rear of the property
and created a new lot in front of the existing structure, adjacent to the street. The City could amend the code to prohibit “flag lots” citywide, or in certain parts of the City (by geographic area or by zoning district). Several years ago, at the recommendation of the Planning Commission, City Council discussed further restricting flag lots, but did not choose to take any
action at that time. As an alternative to outright prohibition of flag lots, City Council could
consider a code amendment that would trigger an automatic public hearing for any subdivision containing a flag lot, regardless of the number of lots. Such a process could include just a Planning Commission (PC) hearing, or both PC and City Council.
Option 4: The City has the ability to create overlay zone districts for certain geographic parts of
the City. In so doing, the zoning “rules” can be fine-tuned to address specific issues or concerns
related to said geographic area. The overlay zone “rules” would typically be in addition to the development standards contained in the underlying zoning district. To use the example of 4055 Everett, the property is zoned R-1 and the subdivision is the Bel Aire subdivision. It would be possible to define the Bel Aire subdivision as a distinct overlay zone and develop specific
development regulations that apply to that subdivision, beyond the underlying R-1 zoning
development standards. The range of what those additional “rules” might be is very broad: more stringent or different building height restrictions, architectural design standards, material standards, different setback standards, etc. If this option were to be pursued, staff would suggest that additional time would be needed, beyond the schedule outlined previously in this memo and
as such, it would be necessary to extend the moratorium.
In terms of the procedures under which such an overlay zone would be adopted, staff would suggest two options: 1) processed as a City Council initiated legislative rezoning, which, at a minimum, requires a neighborhood meeting; or 2) processed similar to a planned development
outline development plan amendment, which requires written approval of a at least 25% of the
owners within the specified geographic area. Option 5: There has been much discussion about residential bulk plane regulations in the City over the past several years, including adoption of an ordinance in 2016 that applied a bulk plane
regulation in the R-1C zone district and for single-family homes in the R-3 zone district. There
has been some discussion of applying the bulk plane regulations more broadly in additional residential zone districts, or additional geographic areas of the City. Though Council has not yet had consensus to move forward on such an approach, this also would be an option available, whether to apply the bulk plane regulations in all R-1 zone districts, or in a geographic area, such
as the Bel Aire subdivision.
RECOMMENDATION: Staff requests direction on whether to proceed with any of the above options, other options City Council may have, or take no further action.
Memorandum
TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: November 27, 2018 (for December 3, 2018 Study Session)
SUBJECT: Appointment of City Treasurer
ISSUE: City Treasurer DiTullio was elected to the office of Jefferson County Treasurer on November 6, 2018. Mr. DiTullio has submitted his resignation as City of Wheat Ridge Treasurer, effective midnight, January 7, 2019. Consensus was reached by City Council to add a discussion to the
December 3, 2018 study session concerning the appointment of a new City Treasurer.
BACKGROUND: The Wheat Ridge City Charter addresses vacancies of elected officials as stated below:
Sec. 3.11. Vacancies in elective offices.
(a) An elected official shall continue to hold his office until his successor is duly qualified. An elective office shall become vacant whenever any officer is recalled, dies, becomes incapacitated, resigns, refuses to serve, ceases to be a resident of the city, or is convicted of a felony.
(b) …
(c) If a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such vacancy shall be filled by appointment by the council for the remainder of the term.
Sec. 4.4. Qualifications.
(a) No person shall be eligible to hold the office of a councilmember unless, at the time of his election, he is a registered elector, as defined by Colorado Revised Statutes, and is a resident of the district from which he is elected for a period of at least twelve (12) consecutive months immediately preceding the date of the election.
Note: City Treasurer shall have the same qualifications as members of the council. City Charter, Wheat Ridge Code of Laws or Council Rules and Procedures do not address specific procedures for the appointment of elected officials.