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HomeMy WebLinkAboutVirtual City Council Agenda Packet 09-28-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO September 28, 2020 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on September 28, 2020 ) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 971 8583 3761 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES City Council minutes of September 14, 2020, Special City Council minutes of September 21, 2020 APPROVAL OF AGENDA CITY COUNCIL AGENDA: September 28, 2020 Page -2- CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 47-2020 - a resolution approving the third amendment to an Intergovernmental cooperation agreement between Jefferson County and the City of Wheat Ridge, Colorado, pertaining to Community Development Block Grant funding b. Resolution No. 48-2020 - a resolution approving an Intergovernmental Agreement with Jefferson County concerning the installation and operation of a secure mail Ballot Drop Box at Prospect Park c. Resolution No. 46-2020 - a resolution amending the 2020 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a grant from the CATPA-Metropolitan Auto Theft Task Force (C-MATT) in an amount up to $66,000 d. Motion to approve the Drainage and Stormwater Easement Agreement between Hance Ranch Development, LLC, and the City for stormwater improvements PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING 2. Council Bill No. 18-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings DECISIONS, RESOLUTIONS AND MOTIONS CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 14, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director Ken Johnstone; Senior Planner, Jeff Hirt; Parks and Recreation Director, Karen O’Donnell; Grant and Special Project Administrator, Brandon Altenburg, other staff, guests, including three gentlemen from the Arvada Fire Protection District; Mr. Bob Loveridge, VP of the Board, new Chief Mike Piper and new Deputy Chief Kirk Lock, and interested citizens. PROCLAMATIONS AND CEREMONIES – None for this session. APPROVAL OF MINUTES Without objection or corrections, the City Council Minutes of August 24, 2020 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:02 PM. Mr. Bob Loveridge, VP of the Arvada Fire Protection District, introduced Chief Mike Piper of the Arvada FD, who joined the Department March 11, and Deputy Chief Kirk City Council Minutes September 14, 2020 page 2 Lock, who recently joined the Department after 30 years with the Memphis, TN FD. The three gentlemen introduced themselves and expressed their ongoing desire to have a collaborative and collegial relationship with the City of Wheat Ridge, our Police Department and City Council. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). There were no comments submitted through Wheat Ridge Speaks concerning tonight’s agenda. 1. CONSENT AGENDA Discussion began at approximately 7:08 PM Councilmember Hutchinson introduced the consent agenda items. a. Motion to approve payment to Insight Public Sector in the amount of $148,476.06 for the annual renewal of the Microsoft Enterprise Agreement b. Motion to award a contract to Design Mechanical, Inc. of Louisville Colorado, in the amount of $115,651 for HVAC upgrades at the Wheat Ridge Recreation Center and City Hall and approve a 3% contingency in the amount of $3,470 for unforeseen project expenses. Motion by Councilmember Hutchinson to approve both Consent Agenda Items a.), and b.), seconded by Councilmember Stites; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None for tonight. ORDINANCES ON FIRST READING None for tonight. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 7:10 PM City Council Minutes September 14, 2020 page 3 2. Resolution No. 45-2020 – A Resolution in support of an application for the Colorado Parks and Wildlife Non-Motorized Trail Grant for a feasibility study and cost assessment for improvements to Tabor Lake Councilmember Nosler Beck introduced the Resolution This Resolution is to support the City’s application for a Colorado Parks and Wildlife (CPW) non-motorized trail grant to fund a feasibility study and cost assessment for improvements to Tabor Lake. The grant has a maximum value of $45,000 and requires a 30% match of a combination of in-kind and cash funds with at least 10% of the match being a cash match. The project must be completed within 2.5 years of being awarded the grant, which gives the City until July 2023 to utilize the grant funds. Staff Presentation by Karen O’Donnell and Brandon Altenburg, who gave some background of the resolution whereas Tabor Lake is established along the Clear Creek Trail and adjacent to Prospect Park, West Lake, and Bass Lake. The majority of this area has well-maintained banks and trails, with the exception being Tabor Lake. This highly-trafficked area is a highlight in the City for residents and visitors alike, and improving this area has been identified by the Parks and Recreation Commission as a recommended upcoming project for the department. This work would need to begin by contracting with a design firm to analyze the area and provide improvement designs and estimates. This grant from Colorado Parks and Wildlife would support funding the feasibility and cost assessment phase of this work. Should the grant be awarded and the feasibility and cost assessment phase be funded and completed, the next steps would be for the City to take that information and decide if, and potentially when, the improvement work should be undertaken. Once the feasibility and cost assessment information are available, the City can make that decision, budget funds, and/or pursue outside funding (such as grants) to complete the construction work if the trail project is identified as a priority. Public Comment No one came forward to speak. Council Questions Council asked why their packet included a blank application. Staff answered that it was included for completeness and transparency, along with a site map and explanation of the project. Motion by Councilmember Nosler Beck to approve Resolution 45-2020, a resolution in support of an application for the Colorado Parks and Wildlife Non-Motorized Trail Grant for a feasibility study and cost assessment for improvements to Tabor Lake, seconded by Councilmember Dozeman; motion carried 8-0 City Council Minutes September 14, 2020 page 4 CITY MANAGER’S MATTERS Mr. Goff thanked Chief Murtha for inviting Mr. Montgomery, the head of the NAACP in Colorado, who spoke to the Police Department Executive Team. Chief Murtha commented that his presentation was well received and addressed many significant issues in policing and community relations. Mr. Goff gave an update on the Neighborhood Revitalization Strategy. We are ready to launch the program, which will begin in the East Wheat Ridge and Bel Air neighbor- hoods. We are moving forward with hiring the Homeless Navigator position and have a finalist selected. Councilmembers had several detailed questions, which staff answered, about the early stages of implementing the program. He also addressed homelessness issues. We have a number of restraints including CoVid, Constitutional rights and law enforcement, our capacity to work on the issue. Initially we will focus on 44th and Kipling and 38th and Wadsworth. The City will deploy resources in these two areas to begin to address the issues related to people experiencing homelessness. Mr. Goff listed the actions the City is taking to alleviate problems, including public health cleanup and illegal camping in wooded areas. He also briefed Council on the Heading Home Committee, a regional effort among municipalities in Jefferson County. Chief Murtha reported on the PD effort to work with businesses, residents and those experience homelessness in the area of 44th Ave and Kipling St, near I-70. The Chief also detailed the Department’s community policing approach to those experiencing homelessness. CITY ATTORNEY’S MATTERS Mr. Dahl would like to add to a Study Session agenda an item on campaign finance and how complaints about campaign financing shall be addressed at the municipal level. Council agreed to address this question. ELECTED OFFICIALS’ MATTERS City Clerk Steve Kirkpatrick reported that the group of citizens circulating the referendum petition to reverse Ordinance 1691, the zoning change to PRD at 38th and Johnson St submitted their amendments to their original submission on August 27th, 2020. This latest submission was received this afternoon about 4:30 PM, so any further details are pending a thorough verification review. The Clerk issued a receipt to the petitioners for a total of 61 petition sections. Councilmembers rooted for the Broncos! City Council Minutes September 14, 2020 page 5 Councilmember Dozeman announced that this Saturday, at the Old Village Inn Parking lot at 10:00 AM, volunteers will gather to conduct a refuse and litter pickup in the area of Kipling and I-70. Councilmembers Stites and Weaver reported on a successful Ridge Fest event last Saturday. The Mayor echoed these sentiments. Councilmember Hultin thanked the neighbors who helped others with downed tree limb cleanup after the recent snowstorm. Councilmember Hutchinson expressed admiration for the sidewalk chalk art she has seen around the City. The Mayor thanked the Arvada Fire executives and Chief Murtha for attending. ADJOURNMENT The meeting adjourned at 7:58 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON September 28, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 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. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. Special City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 21, 2020 Note: This meeting commenced at the conclusion of the regularly scheduled study session and was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Special City Council Meeting to order at 9:50 p.m. ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Allison Scheck; Community Development Director, Ken Johnstone; City Attorneys Jerry Dahl and Greg Jamieson. Because the announced and noticed purpose of this Special Meeting was solely for Council to confer with the City’s attorneys on matters concerning condemnation of right-of-way property along Wadsworth Blvd., the public did not attend this executive session. APPROVAL OF AGENDA The public was advised that there will be no public staff report or discussion on agenda item No. 1, other than to consider a motion to go into executive session. This meeting will not be open to the public once City Council convenes in executive session Citizens’ Right to Speak Although the public does not attend Executive Sessions, the Mayor invited the public to make comments on any item on the earlier Study Session agenda, or on the subject of this Special Meeting, during the Study Session this evening. No one came forward to comment on the agenda item for this Special Meeting. DECISIONS, RESOLUTIONS AND MOTIONS Motion by Councilmember Hoppe to go into executive session for a conference with the City Attorney, City Manager, City Treasurer and appropriate staff and consultants under Charter Section 5.7B1 (B); (D) and CRS 24–6–402(4)(B) to receive legal advice concerning consideration of legal action to pursue real property City Council Minutes September 21, 2020 page 2 through eminent domain for the Wadsworth improvement project, and further, to adjourn the Council meeting at the conclusion of the executive session. Motion seconded by Councilmember Urban; motion passed unanimously, 8-0. ADJOURNMENT TO EXECUTIVE SESSION Executive session commenced at 9:58 pm. Executive session concluded at 10:47 pm and Council meeting adjourned pursuant to previous motion. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON September 28, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem The preceding Minutes were prepared according to §47 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. Recordings and DVD’s of the meetings are available for listening or viewing by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. ITEM NO: 1a DATE: September 28, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 47-2020 – A RESOLUTION APPROVING THE THIRD AMENDMENT TO AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING PUBLIC HEARING ORDINANCES FOR 1ST READING (07/13/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/27/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: Based on the City’s relatively small population, Wheat Ridge is not independently eligible for a direct allocation of Community Development Block Grant funds from the federal Department of Housing and Urban Development. Instead, the City has a partnership with Jefferson County whereby the County and its smaller jurisdictions collectively are eligible for these federal funds. This partnership is memorialized in an intergovernmental agreement which has been in place since 2011. The purpose of this resolution is to approve a third amendment to the agreement which modifies language in compliance with federal requirements. PRIOR ACTION: The City has partnered with Jefferson County and neighboring cities in the federal Housing and Urban Development (HUD) programs since the mid-1990s. The current agreement (“IGA”) was originally approved by City Council in June 2011. It was renewed and amended in September 2011 and amended a second time in July 2014. In February 2017, a study session was held to discuss and reaffirm the City’s continued desire to participate in the Urban County. Council Action Form – Community Development Block Grant IGA Amendment September 28, 2020 Page 2 FINANCIAL IMPACT: Federal HUD staff have indicated that it is necessary to amend the IGA in order to requalify for CDBG funds; failure to do so would result in noncompliance and would jeopardize the ability to receive CDBG funds. BACKGROUND: The CDBG program provides funding for housing and other infrastructure and services that provide a benefit to certain low/moderate income census tracts. The amount of funding allocated from HUD is based on the population in eligible census tracts. Because the Wheat Ridge population is too small to individually qualify for receipt of CDBG funds, the City is in partnership with Jefferson County and other smaller jurisdictions such as Edgewater and Golden, to qualify for “Urban County” designation and therein qualify for CDBG funds as a group. The Jefferson County Board of County Commissioners (BOCC) is the designated administrator of the funds and the county’s Human Services Department provides staff support to the BOCC in administering the CDBG program. The City, along with other participating jurisdictions and non-profit organizations, are eligible to apply for funding through an annual application cycle. Recently CDBG funds have been used to close financial gaps on low-income housing developments and to provide support services throughout Jefferson County to low- and moderate-income families and individuals. As noted above, the City and County have a long-standing IGA, and HUD has requested minor text amendments to comply with current federal requirements. More specifically, the amendment updates certain terms, eliminates redundancies, improves program references, and adds specificity regarding renewal deadlines and conflicts of interest. RECOMMENDATIONS: Community Development staff and the City Attorney have reviewed the proposed third amendment to the IGA and recommend approval. Approval of said amendment will maintain compliance with HUD requirements and preserve the City’s ability to participate in the CDBG program. RECOMMENDED MOTION: “I move to approve Resolution No. 47-2020, a resolution approving the third amendment to an intergovernmental cooperation agreement between Jefferson County and the City of Wheat Ridge, Colorado, pertaining to Community Development Block Grant funding.” Or, “I move to postpone indefinitely Resolution No. 47-2020, a resolution approving the third amendment to an intergovernmental cooperation agreement between Jefferson County and the City of Wheat Ridge, Colorado, pertaining to Community Development Block Grant funding, for the following reason(s) _________________.” Council Action Form – Community Development Block Grant IGA Amendment September 28, 2020 Page 3 REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 47-2020 2. Third Amendment to Intergovernmental Cooperation Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series of 2020 TITLE: A RESOLUTION APPROVING THE THIRD AMENDMENT TO AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge (“City”) is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, on June 13, 2011, by Resolution No. 17, Series 2011, the City Council (“Council”) approved an Intergovernmental Cooperation Agreement between the City and Jefferson County (“County”) concerning Community Development Block Grant programs (the “IGA”); and WHEREAS, on September 26, 2011, by Resolution No. 33, Series 2011, the Council approved a First Amendment of said IGA; and WHEREAS, on July 14, 2014, by Resolution No. 42, Series 2014, the Council approved a Second Amendment of said IGA; and WHEREAS, the Council wishes to approve a Third Amendment in order to maintain compliance with federal requirements and preserve the City’s ability to participate in the Community Development Block Grant program; and WHEREAS, pursuant to Section 14.2 of the City’s Home Rule Charter, the Council must approve intergovernmental agreements and amendments thereto by resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Third Amendment to the Intergovernmental Agreement between Jefferson County and the City of Wheat Ridge concerning Community Development Block Grant Programs, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 28th day of September 2020. ___________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk TM 11-01050 1 ATTACHMENT 2 THIRD AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT THIS THIRD AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT (this “Third Amendment”), dated for reference purposes only this 15th day of September, 2020, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”) and the CITY OF WHEAT RIDGE, a home-rule municipal corporation of the State of Colorado located in Jefferson County (the “City”). RECITALS A. The County and the City previously entered into an Intergovernmental Cooperation Agreement dated May 25, 2011 (the “Agreement”), which qualified the County as an urban county and entitled the parties to receive Community Development Block Grant (“CDBG”) funds to conduct and administer housing and community development activities and projects; B. The County and the City subsequently entered into (1) the First Amendment to Intergovernmental Cooperation Agreement dated August 29, 2011 and (2) the Second Amendment to Intergovernmental Cooperation Agreement dated June 4, 2014; C. The County and the City now desire to further amend the Agreement as set forth herein to meet the requirements for cooperation agreements set forth in the current urban county qualification notice; D. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. AGREEMENT In consideration of the covenants and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the County and the City agree as follows: 1. The final two sentences of Recital E of the Agreement shall be deleted in their entirety. 2. Section 1(c) of the Agreement shall be deleted in its entirety and replaced with the following: The City understands that it may receive a formula allocation under the Emergency Solutions Grants (ESG) Program only through the urban county. This does not preclude the urban county or the City from applying to the State for ESG funds, if the State allows. 3. Section 2 of the Agreement (“Period of Performance”) shall be deleted in its entirety and replaced with the following: TM 11-01050 2 Period of Performance. This Agreement shall remain in effect until the CDBG (and, where applicable, HOME and ESG) funds and program income received (with respect to activities carried out during the Program Years and any successive qualification periods) are expended and the funded activities completed. Neither the County nor the City may terminate or withdraw from the Agreement while it remains in effect. 4. Section 3 of the Agreement (“Renewals”) shall be deleted in its entirety and replaced with the following: Renewals. This Agreement will renew automatically for participation by the parties in successive three-year (3-year) qualification periods unless the City or the County provides written notice to the other party that it elects not to participate in a new qualification period. In such case, the terminating party shall send a copy of the notice of termination to the HUD field office. The County will notify the City in writing by the date specified in HUD’s urban county qualification notice for the next qualification period of the City’s right to make this election. A copy of the County’s notification must be sent to the HUD field office by the date specified in the urban county qualification notice. Failure by either party to adopt an amendment to the Agreement incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the urban county qualification notice applicable to a subsequent qualification period and to submit the amendment to HUD as provided in the urban county qualification notice will void the automatic renewal of such qualification period. If the Agreement is renewed, the subsequent three-year (3-year) period will constitute the new Program Years. 5. Section 4(d) of the Agreement shall be deleted in its entirety. 6. Section 4(e) of the Agreement shall be deleted in its entirety and replaced with the following: The County and the City shall (i) take all actions necessary to assure compliance with the urban county’s certification under section 104(b) of Title I of the Housing and Community Development Act of 1974, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964 and the Fair Housing Act, and regarding affirmatively furthering fair housing; (ii) comply with section 109 of Title I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, the Age Discrimination Act of 1975, and Section 3 of the Housing and Urban Development Act of 1968; and (iii) comply with all other applicable laws. Urban county funding shall not be used for activities in, or in support of, the City if the City does not affirmatively further fair housing within its own jurisdiction or the City impedes the County’s actions to comply with the County’s fair housing certification. 7. Section 8(d)(i) of the Agreement shall be deleted in its entirety and replaced with the following: TM 11-01050 3 No Federal appropriated funds have been paid or will be paid, by or on behalf of the County or the City, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 8. Except as amended herein, all terms and conditions of the Agreement, as previously amended as specified in Recital B of this Third Amendment, shall remain in full force and effect. In the event of any conflict between the Agreement and this Third Amendment, the terms and conditions of this Third Amendment shall control. (Signature Page Follows) TM 11-01050 4 The parties hereto have caused this Third Amendment to be executed. ATTEST: COUNTY OF JEFFERSON STATE OF COLORADO By:___________________ By: __________________________ Clerk to the Board Lesley Dahlkemper, Chairman Board of County Commissioners Date: ____________________________ APPROVED AS TO FORM: _______________________ Jean R. Biondi Assistant County Attorney CITY OF WHEAT RIDGE STATE OF COLORADO By: ____________________________ Bud Starker, Mayor Date: __________________________ ATTEST: By: _________________________ Steve Kirkpatrick, City Clerk APPROVED AS TO FORM: __________________________ Gerald E. Dahl City Attorney ITEM NO: 1b DATE: September 28, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 48-2020 – A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY CONCERNING THE INSTALLATION AND OPERATION OF A SECURE MAIL BALLOT DROP BOX AT PROSPECT PARK PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Parks & Recreation City Manager ISSUE: Jefferson County would like to install an additional secure mail ballot box at Prospect Park in the City of Wheat Ridge. The intent is to better serve Jefferson County residents during elections by providing several convenient locations for voters to drop off completed ballots. PRIOR ACTION: No prior action taken by Council, boards or commissions on this matter. FINANCIAL IMPACT: The only minimal financial impacts are utilities and staff time associated with installing a camera, conduit and lighting, as described in the Use Agreement. All equipment is being purchased or reimbursed by Jefferson County. Utilities (electricity) must be paid for at least 30 days prior to an election and 3 days after. BACKGROUND: In year’s past, the only ballot drop off location in the City of Wheat Ridge was at City Hall. An additional ballot drop off location was added at Anderson Park earlier this year. If approved, Prospect Park will provide a third location in the City of Wheat Ridge. Council Action Form – Prospect Park Ballot Box IGA September 28, 2020 Page 2 RECOMMENDATIONS: Staff recommends the approval of this resolution, as it will provide an additional location for Wheat Ridge residents to vote in elections. If denied, voters will have two ballot drop off locations in the City of Wheat Ridge (City Hall & Anderson Park). RECOMMENDED MOTION: “I move to approve Resolution No. 48-2020 - a resolution approving an Intergovernmental Agreement with Jefferson County concerning the installation and operation of a secure mail ballot drop box at Prospect Park.” Or, “I move to postpone indefinitely Resolution No. 48-2020 - a resolution approving an Intergovernmental Agreement with Jefferson County concerning the installation and operation of a secure mail ballot drop box at Prospect Park for the following reason(s)________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 48-2020 2. Use Agreement with the County of Jefferson, State of Colorado ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 48 Series of 2020 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH JEFFERSON COUNTY CONCERNING THE INSTALLATION AND OPERATION OF A SECURE MAIL BALLOT DROP BOX AT PROSPECT PARK WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1-201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, to better serve its citizens, Jefferson County wishes to install an additional secure mail ballot drop box in the City of Wheat Ridge; and WHEREAS, the Jefferson County Clerk and Recorder and City staff have met and discussed locating a ballot drop box and video surveillance recording system in a designated location at Prospect Park, and have mutually agreed that Jefferson County will install the ballot drop box on the premises, and both the City of Wheat Ridge and Jefferson County will have a role in the installation of the video surveillance recording system, as detailed in the Use Agreement; and WHEREAS, this Agreement is designed to serve the citizens of Jefferson County during elections by providing convenient locations for voters to drop off their completed mail ballots; and WHEREAS, the City of Wheat Ridge wishes to enter into an intergovernmental agreement with the County of Jefferson, State of Colorado to accomplish these goals. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Intergovernmental Agreement between the City and the County of Jefferson, State of Colorado hereto attached as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 28th day of September 2020. ___________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk EXHIBIT A INTERGOVERNMENTAL AGREEMENT USE AGREEMENT [ATTACHED] USE AGREEMENT THIS USE AGREEMENT (this "Agreement"), dated this _____ day of _________, 2020 (the "Effective Date") is made and entered into by and between the City of Wheat Ridge, Colorado a home rule municipality (the “City”) and the County of Jefferson, State of Colorado, a body politic and corporate (the "County," and together with the City, the “Parties”). RECITALS A.The City owns certain real property located at 44th Ave & Robb St Wheat Ridge, CO 80033 (“Prospect Park”). B.The County desires to use a portion of land located at Prospect Park, as more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Site"), for the purpose of installing and operating a secure mail ballot drop box (the “Ballot Box”) thereon. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants set forth hereinafter, the Parties agree as follows: I.AGREEMENT. The City agrees to permit the County use of the Site for the purpose of installing and operating the Ballot Box according to the terms and conditions set forth herein. II.TERM AND TERMINATION. A.Term. This Agreement shall commence on the Effective Date and remain in effect until terminated by the Parties in accordance with the terms of this Agreement. B.Termination – Without Default. Either Party may terminate this Agreement at any time for any reason by providing the other Party with a minimum of thirty (30) days’ notice of its intent to terminate pursuant to Section XI below, except that the City must provide a minimum of one hundred twenty (120) days’ notice to the County in order to terminate this Agreement without an uncured “Event of Default” (as defined below) prior to (1) the first Tuesday in November of every year; (2) the last Tuesday in June of every even-numbered year; and (3) the first Tuesday in March in a Presidential election year. C.Termination for Default. In addition to the foregoing, either Party may terminate this Agreement immediately upon an uncured Event of Default by the other Party as described herein. An uncured Event of Default shall occur if either Party fails to materially perform or observe a term of this Agreement, and such failure continues for more than seven (7)days after written notice from the other Party, except that such seven (7) day cure period shall be extended as is reasonably necessary to permit the Party in default to complete cure, so long as such Party continuously and diligently pursues and completes cure. III.RENT. No rent or other payment will be due or payable by the County under this Agreement. ATTACHMENT 2 IV. INSTALLATION OF BALLOT BOX. A. The County agrees to install and maintain a solid surface (the “Surface”) on the Site that is sufficiently large enough to install and securely anchor the Ballot Box. The Surface shall be (a) a minimum of four (4) inches thick and (b) large enough to install and securely anchor the Ballot Box, which is thirty-six (36) inches wide by thirty (30) inches deep. The Surface shall be the property of the County, and the County shall bear all costs associated with the installation and maintenance of the Surface. The County shall have access to the Site at all reasonable times to install, inspect and maintain the Surface. B. Upon the successful installation of the Surface by the County, the County agrees to install and securely anchor the Ballot Box on the Surface. The Ballot Box shall remain the property of the County, and the County shall bear all costs associated with the installation and maintenance of the Ballot Box. The County shall have access to the Site at all reasonable times to install, inspect and maintain the Ballot Box. V. USE OF BALLOT BOX. A. For any coordinated election or other election in which the County Clerk and Recorder is serving as the election official, the Ballot Box shall be available for use by the County as a twenty-four hour, seven-day-a-week drop-off location for the purpose of allowing electors to deposit their completed mail ballots. For the period beginning thirty (30) days before such an election and ending thirty (30) days after such an election, the County shall have access to the Ballot Box twenty-four (24) hours a day, seven (7) days a week for the purpose of opening, inspecting and collecting from the Ballot Box or performing its other duties and responsibilities in connection with such election. B. With the prior consent of the City, the County may install signs or flags on or near the Site to direct electors to the Ballot Box. C. The Ballot Box shall be covered and locked during the period beginning three (3) days after each election and ending thirty-five (35) days prior to the next election. D. The County shall have access to the Site a minimum of thirty-five (35) days before each election in order to inspect and prepare the Ballot Box for the election. E. The City shall have no responsibility regarding the conduct of any elections, and shall have no obligations or liability to ensure that the election is properly conducted. The County shall be solely responsible for responding to any challenges regarding the validity or propriety of any election. VI. VIDEO SURVEILLANCE. For any election in which the County Clerk and Recorder is serving as the election official, the Parties agree to collaborate as described below to operate a video surveillance system (the “VR System”) owned by the City to record activity at the Ballot Box and the surrounding Site: A. The County will provide a camera, camera mounting bracket, modem and cabling; B. The City will install the camera mounting bracket in the location indicated in Exhibit A and install conduit to run cabling through; C. The County will install the camera, modem and cabling. The modem will need to be located in a restricted access location; D. The City will install a light pole and solar light into concrete at the Site to illuminate the Ballot Box. The County will reimburse the City for the cost of the light pole, solar light and concrete. E. The City shall pay for the utilities required for the County to operate the VR System during the time period beginning at least thirty (30) days prior to, and continuing through at least three (3) days after, each election (the “Voting Period”), including electricity, and shall provide adequate lighting to the Ballot Box and surrounding Site during the Voting Period; F. The camera, camera mounting bracket, modem, cabling and solar light shall remain the property of the County, and the County shall be responsible for maintaining them at its own expense; G. The County will need periodic access to the modem and camera to conduct routine maintenance and upgrades; and H. If the video feed is disrupted or otherwise compromised, the County will attempt to correct the disruption and restore the feed. If the County believes the source of the disruption to be within the City’s control, upon notification from the County, the City shall take all reasonable efforts to promptly resolve the disruption and restore the video feed. VII. DESTRUCTION OF SITE. In the event the Site is rendered substantially unsuitable for the purposes of this Agreement by flood, fire or other casualty, the County may at its option either (i) restore the Site to a suitable condition, or (ii) terminate this Agreement by written notice to the City. VIII. INSURANCE. A. City’s Insurance. The City shall maintain, through commercial policy or self- insurance, insurance coverage insuring the Site against loss or damage by fire, lightning, windstorm, tornado, hail and other risks as are customarily covered by extended coverage endorsement. B. County's Insurance. The County shall maintain, through commercial policy or self- insurance, property insurance covering all County equipment and other personal property located on the Site. IX. PERMITS AND APPROVALS. Each Party shall be solely responsible for obtaining any licenses, permits or approvals that are required by law to complete their respective obligations set forth herein. X. SURRENDER OF SITE. Upon the termination of this Agreement, the County shall, at its sole expense, remove the Ballot Box, the Surface, and all other County personal property located on the Site from the Site and surrender the Site to the City in as good condition as received, reasonable wear and tear excepted, free from debris and broom clean. The County shall not remove anything from the Site which constitutes an integral part of the real estate. Any personal property not removed by the County within thirty (30) days after the termination of this Agreement shall be deemed abandoned and the City may, without notice to the County, dispose of the same. XI. NOTICES. A. “Key Notices” under this Agreement are any notices regarding an Event of Default, a dispute between the Parties, or termination of the Agreement. Key Notices shall be given in writing and shall be deemed received if given by: (i) confirmed electronic transmission (as defined in subsection (B) below) when transmitted, if transmitted on a business day and during normal business hours of the recipient, and otherwise on the next business day following transmission; (ii) certified mail, return receipt requested, postage prepaid, three (3) business days after being deposited in the United States mail; or (iii) overnight carrier service or personal delivery, when received. For Key Notices, the Parties will follow up any electronic transmission with a hard copy of the communication by the means described in subsection (A)(ii) or (A)(iii) above. All other communications or notices between the Parties that are not Key Notices may be done via electronic transmission. Notice shall be given to the Parties at the following addresses: To the County: Cody Swanson Jefferson County Clerk and Recorder’s Office Elections Division 3500 Illinois Street, Suite 1100 Golden, Colorado 80401 Phone: (303) 271-8111 logistics@jeffco.us with a copy to: Jefferson County Attorney 100 Jefferson County Parkway, Suite 5500 Golden, Colorado 80419 Phone: (303) 271-8900 Email: CAOContracts@jeffco.us To the City: Office of the City Clerk Steve Kirkpatrick, City Clerk City of Wheat Ridge 7500 W 29th Ave Wheat Ridge CO 80033 Phone: 303-235-2823 Email: skirkpatrick@ci.wheatridge.co.us All Key Notices to the County shall include a reference to the Agreement identifying the City’s name and the date of the Agreement. B. Electronic Transmissions. The Parties agree that: (i) any notice or communication transmitted by electronic transmission, as defined below, shall be treated in all manner and respects as an original written document; (ii) any such notice or communication shall be considered to have the same binding and legal effect as an original document; and (iii) at the request of either Party, any such notice or communication shall be re-delivered or re-executed, as appropriate, by the Party in its original form. The Parties further agree that they shall not raise the transmission of a notice or communication, except for Key Notices, by electronic transmission as a defense in any proceeding or action in which the validity of such notice or communication is at issue and hereby forever waive such defense. For purposes of this Agreement, the term “electronic transmission” means any form of communication not directly involving the physical transmission of paper, that creates a record that may be retained, retrieved and reviewed by a recipient thereof, and that may be directly reproduced in paper form by such a recipient through an automated process, but specifically excluding facsimile transmissions and texts. XII. MISCELLANEOUS PROVISIONS. A. Non-Appropriation. To the extent that this Agreement purports to create a financial obligation of either Party payable in a fiscal year subsequent to the fiscal year of execution of this Agreement, such obligation is contingent upon such Party appropriating and budgeting funds for that purpose. The County’s fiscal year is currently the calendar year. B. Survival Clause. Notwithstanding anything to the contrary, the Parties understand and agree that all terms and conditions of this Agreement that may require continued performance or continue beyond the termination date of this Agreement shall survive such termination date and be enforceable as provided herein in the event of a failure to perform or comply by a Party to this Agreement. C. Authorization. The Parties hereby stipulate and represent that all procedures necessary to authorize the execution of this Agreement have been performed and that the persons signing for each of the Parties have been authorized to do so. D. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both Parties. E. Severability. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. F. Successors and Assigns. This Agreement shall be binding on and inure to the benefit of the respective successors and permitted assignees of the Parties. G. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado without regard to any conflict of laws doctrine. The Parties agree that any dispute, action or proceeding arising out of this Agreement shall be subject to the venue and jurisdiction of the County or District Court of Jefferson County, Colorado. H. Waiver. No term or condition of this Agreement shall be deemed to have been waived by either Party unless the waiver is in writing and signed by both Parties or their duly authorized representatives. I. Execution by Counterparts; Electronic Signatures. 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 use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121. The Parties hereto have signed this Agreement as of the date indicated below. THE CITY: By: ______________________________________________ Name/Title: _______________________________________ Date: ____________________________ LEGAL COUNSEL - OPTIONAL By: ______________________________________________ Name/Title: _______________________________________ Date: ____________________________ THE COUNTY: COUNTY OF JEFFERSON STATE OF COLORADO By: _____________________________________________ George Stern, Jefferson County Clerk & Recorder Date: ___________________________ APPROVED AS TO FORM: _____________________________________________ Assistant County Attorney Exhibit A Box location Camera location ITEM NO: 1c DATE: September 28, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 46-2020 – A RESOLUTION AMENDING THE 2020 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE CATPA-METROPOLITAN AUTO THEFT TASK FORCE (C-MATT) IN AN AMOUNT UP TO $66,000 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Chief of Police City Manager ISSUE: The CATPA-Metropolitan Auto Theft Task Force (C-MATT) awards grants to police departments demonstrating a need that will proactively combat the theft of motor vehicles or assist in the recovery of such. In 2020, C-MATT awarded the Wheat Ridge Police Department up to $66,000 to be used for license plate reader (LPR) equipment and technology in the area of I-70 and Kipling. PRIOR ACTION: This is a one-time award. FINANCIAL IMPACT: These grant funds have not been appropriated in the 2020 budget. This resolution will amend the budget to accept these grant funds and appropriate the funds in the General Fund for the purposes of purchasing and implementing license plate reader (LPR) technology in the area of I-70 and Kipling. This grant does not require matching funds from Wheat Ridge, however a five-year Council Action Form – 2020 C-MATT LPR Grant September 28, 2020 Page 2 maintenance and product warranty on products purchased must be included in the purchase. The grant will reimburse the city up to $66,000 for the purchase and installation of this technology. BACKGROUND: The area of I-70 and Kipling represents a significant contributor to the overall crime problem in Wheat Ridge. This area (W. 44th Ave. north between Independence and Miller) occupies 4% (0.36 square miles) of the 9.6 square miles that is the City of Wheat Ridge. Though it makes up just 4% of Wheat Ridge, this area, over the past five-years, has accounted for an average of 34% of recovered stolen vehicles, 23% of motor vehicle thefts, and 13% of vehicle trespasses throughout the City. License plate reader (LPR) technology can be utilized to alert police to the presence of stolen or otherwise wanted vehicles. Utilization of this technology deployed in a coordinated and methodical manner, could serve to notify Wheat Ridge Police immediately of vehicles of this nature entering the I-70 and Kipling area. This immediate notification will in turn allow officers to respond quickly to such events, increasing the likelihood of timely property recovery and suspect identification and/or apprehension. At the very least, utilization of technology of this nature may serve to displace what has come to be the routine habits of auto thieves with regard to dumping stolen motor vehicles in the area. RECOMMENDATIONS: Staff recommends that Council accept the C-MATT funds to purchase and install LPR equipment and technology in the area of I-70 and Kipling, and amend the budget accordingly. RECOMMENDED MOTION: “I move to approve Resolution No. 46-2020, a resolution amending the 2020 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a grant from the CATPA-Metropolitan Auto Theft Task Force (C-MATT) in an amount up to $66,000" Or, “I move to deny approval of Resolution No. 46-2020, a resolution amending the 2020 fiscal year General Fund budget to reflect the approval of a supplemental budget appropriation for the purpose of accepting a grant from the CATPA-Metropolitan Auto Theft Task Force (C-MATT) in an amount up to $66,000 for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Darrel Guadnola, Commander Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 46-2020 2. C-MATT Award Letter ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46 Series of 2020 TITLE: A RESOLUTION AMENDING THE 2020 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE CATPA- METROPOLITAN AUTO THEFT TASK FORCE (C-MATT) IN AN AMOUNT UP TO $66,000 WHEREAS, the City was awarded a 2020 CATPA-Metropolitan Auto Theft Task Force (C-MATT) grant in the amount of $66,000 for the purpose of purchasing and implementing license plate reader (LPR) technology in the area of I-70 and Kipling; and WHEREAS, the City Council wishes to appropriate these grant funds into the Fiscal Year 2020 General Fund budget; and WHEREAS, the Wheat Ridge Home Rule 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: Section 1. Budget Amended A transfer of $66,000 is hereby approved from the General Fund undesignated reserves to account 01-202-800-809 and the 2020 revenues are amended accordingly. Section 2. Effective Date This Resolution shall be effective upon adoption. DONE AND RESOLVED this 28th day of September, 2020. ________________________________ Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk CATPA Metropolitan Auto Theft Task Force Mike Greenwell, Commander 445 S Allison Parkway Lakewood, Co 80226 303-987-4920 445 S Allison Pky August 10, 2020 Commander Darrel Guadnola Wheat Ridge Police Department 7500 W. 29th Ave Wheat Ridge, CO 80022 Commander Guadnola, This letter is to inform you that effective July 1, 2020, The CATPA-Metropolitan Auto Theft Task Force (C-MATT), was awarded a grant that will reimburse the Wheat Ridge Police Department up to $66,000.00 to purchase and implement license plate reader (LPR) equipment and technology in the area of I-70/Kipling Street in Wheat Ridge. There are no matching funds from WRPD required. Any equipment purchased must have a 5- year maintenance and product warranty that accompanies the purchase, as required by CATPA. The equipment, since it is being purchased with CATPA funds, will remain in the CATPA inventory, via C-MATT, for five years unless the value of the equipment drops below $5,000.00. WRPD would be required to submit quarterly statistics to C-MATT by the end of the first week following the last day of each quarter. (A sample of the statistics required are included on page 2.) The project must be completed by the end of the state fiscal year, June 30, 2021, and all requests for reimbursement must be submitted to C-MATT prior to this date. I am available to assist your agency in procuring this equipment if needed. Please let me know if you have any questions regarding this. Sincerely, ML Greenwell Mike Greenwell, Commander C-MATT Enclosure: CATPA “Template Guide For Funding ALPR” ATTACHMENT 2 ITEM NO: 1d DATE: September 28, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION TO APPROVE A DRAINAGE AND STORMWATER EASEMENT AGREEMENT BETWEEN HANCE RANCH DEVELOPMENT, LLC AND THE CITY FOR STORMWATER IMPROVEMENTS PUBLIC HEARING ORDINANCES FOR 1ST READING (07/27/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/10/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO Community Development Director City Manager ISSUE: A stormwater drainage system constructed for the Hance Ranch development lies outside of the right-of-way along the west side of Tabor Street and north side of Ridge Road. This Easement Agreement permits the City to go on the property to maintain the system. PRIOR ACTION: None. FINANCIAL IMPACT: None. BACKGROUND: On August 10, 2020 City Council approved the conveyance of a sliver of real property located on the north side of Ridge Road, between Taft Court and Tabor Street (the “Tract”). A regional stormwater drainage system (the “System”) was constructed during development of the northerly lot of the Hance’s Subdivision, located at W. 52nd Avenue and Tabor Street. The System was constructed from W. 52nd Avenue southward along the west side of Tabor Street to just north of Ridge Road, a portion of which lies outside the public ROW and within said Tract. The City approved the cost of the stormwater improvements of the System, and due to the fact that the Council Action Form – Acceptance of Easement Agreement September 28, 2020 Page 2 System serves the greater community the City entered into a reimbursement agreement with the developer in an amount not to exceed $243,100 per the terms of the Hance’s Subdivision Improvement Agreement dated September 21, 2018. This Easement Agreement permits the City to go onto the Tract owned by Hance Ranch Development, LLC, to properly maintain and/or reconstruct the System as necessary. RECOMMENDATION: Staff recommends approval of the attached Drainage and Stormwater Easement Agreement. RECOMMENDED MOTION: “I move to approve the Drainage and Stormwater Easement Agreement between Hance Ranch Development, LLC and the City for stormwater improvements, in form approved by the City Attorney and authorize the Mayor to execute the same.” Or, “I move to not approve the Drainage and Stormwater Easement Agreement between Hance Ranch Development, LLC and the City for stormwater improvements for the following reason(s) ________________.” REPORT PREPARED AND REVIEWED BY: Dave Brossman, Development Review Engineer Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Drainage and Stormwater Easement Agreement When Recorded Return To: City Clerk City of Wheat Ridge 7500 W 29th Ave. 1st Floor Wheat Ridge, CO 80033 DRAINAGE AND STORMWATER EASEMENT AGREEMENT This DRAINAGE AND STOl9-1WATER EASEMENT AGREEMENT (this "Agreement") is dated as of September .-2:6 2020 (the "Effective Date"), and is made and entered into by._and between HANCE�RANCii' DEVELOPMENT, LLC, a Colorado limited liability company ("Grantor"), whose lygal address is 303 South Broadway, #200-360, Denver, Colorado 80209, and CITY OF WHEAT RIDGE, a municipal corporation in the State of Colorado ("Grantee"),whosy legal address is1.7500 West 29th Avenue, Wheat Ridge, Colorado 80033. Recitals: - _A. Grantor owns the real -pt9perty situated in Jefferson County, Colorado as legally desctjbed on Exhibit Aattacll_ed to·iwqmade a part of this Agreement (the "Grantor Property"). B.· ; Grantor an9 Grantee ndW; desire to enter into this Agreement to provide for the .-�construction, -operation, and mairitenan�e, of certain storm water facilities on the Grantor Property, - to. create a permanent ea�eJUent in grossdn favor of Grantee for the use and enjoyment of such stormwater facjlities,· upon the terms and conditions set forth in this Agreement. Agreement: .. For Ten Dollars. ($10.00)" ,and. other good and valuable consideration, the receipt and suffi9iency of which are hereby acknowledged, the parties agree as follows: 1.Definitions. (a)"Easement Area" means the area legally described on Exhibit B-1 anddepicted on Exhibit B-2 attached to and made a part of this Agreement. (b)"Laws" means all applicable statutes, regulations, ordinances, requirements, and orders promulgated by any federal, state, local or regional governmental authority now in force or in force after the Effective Date of this Agreement. (c)"Stormwater Facilities" means all stormwater facilities, infrastructure,systems and equipment presently existing within the Easement Area, as depicted on Exhibit C attached to and made a part of this Agreement. 2.Grant and Use of Easement. Grantor hereby grants, bargains, conveys, anddeclares to Grantee, as a burden upon the Grantor Property, a perpetual, non-exclusive easement over, under, and upon the Easement Area for the purposes of (a) drainage of storm waters, surface -1- ATTACHMENT 1 ITEM NO: 2 DATE: September 28, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2020 – AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SIGN AND LETTER NOTICE REQUIREMENTS FOR QUASI-JUDICIAL PUBLIC HEARINGS (CASE NO. ZOA-20-06) PUBLIC HEARING ORDINANCES FOR 1ST READING (09/28/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (10/12/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: Requirements for the notice of public hearings are provided in the City Charter and in Chapter 26 of the Code of Laws. This includes notice by sign and letter as well as publication in the newspaper and on the City’s website. The purpose of this code amendment is to modify current practice related to sign and letter notice, specifically: • To increase the number of posted signs required based on frontage length and parcel configuration, and • To increase the letter notice radius from 300 feet to 600 feet for public hearings. PRIOR ACTION: City Council discussed this proposed amendment at a study session on August 3, 2020 and directed staff to move forward with the code amendment. Planning Commission reviewed the proposed ordinance at a public hearing on September 17, 2020 and recommended approval. Meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. Council Action Form – Sign & Letter Notice September 28, 2020 Page 2 FINANCIAL IMPACT: An increased mailing distance will increase postage costs. BACKGROUND: Public notice is a critical legal requirement for a variety of development-related cases, and notice requirements for public hearings are enumerated in Charter Section 5.10 and Code Section 26- 109. The Charter requirements are specific to zone changes, and the code section applies to all quasi-judicial public hearings associated with planning and development items. In combination, Charter Section 5.10 and Code Section 26-109 stipulate four types of notice for public hearings: sign notice, letter notice, publication in a newspaper, and publication on the City’s website. The Code sections have been minimally changed in recent years. The last substantive change to Section 26-109 was in 2014 to increase the number of days for posted and letter notice from 10 days to 15 days. The section was recently updated to provide clarity related to notice for continued and postponed cases. Sign Notice The code currently requires that properties have one sign per street frontage, and said sign(s) must be located within the subject property boundaries. These requirements are common in other jurisdictions as well. The goal of the posted sign notice is to provide visibility to people traveling near the subject property. However, with the wide range of sizes and configurations for development sites in Wheat Ridge, there are mixed results in achieving this goal. The attached ordinance changes the code such that the number of posting signs is required based on the length of the property frontage and parcel configuration. This means the larger the property, the more signs will be posted as shown in the table below. Frontage Length Property Configuration No. of Required Posting signs Up to 200 linear feet Comprised of 1 parcel or lot 1 sign Up to 200 linear feet Comprised of more than 1 parcel or lot 2 signs 200 to 400 linear feet Any number of parcels or lots 2 signs Over 400 linear feet Any number of parcels or lots 1 sign per 400 feet (rounded up) Attachment 2 provides an example of each category, illustrating how the proposed sign requirements would apply to different properties in Wheat Ridge. Council Action Form – Sign & Letter Notice September 28, 2020 Page 3 Letter Notice Letter notice for public hearings is sent to the owners of property within 300 feet of the boundary of the subject property. This distance is on the lower end of the spectrum as compared with other metro area communities. What’s more notable, however, is how this distance compares to the letter notice for neighborhood meetings—a neighborhood meeting mailer has twice the distance with a radius of 600 feet. The attached ordinance changes the code such that letter notice is 600 feet for both types of meetings—neighborhood meeting and public hearings. The table below shows how Wheat Ridge would rank in comparison to other communities by changing the 300-foot distance to 600 feet through this code amendment. Neighborhood Meeting Letter Notice (in feet) Public Hearing Letter Notice (in feet) Aurora abutting abutting same Lakewood 300-500 300-500 same Westminster 300 300 same Arvada 400 400 same Broomfield 500 500 same Golden 500 500 same Wheat Ridge 600 300 600 same Littleton 700 700 same Lafayette 750 750 same Englewood 1000 1000 same Denver 400 200 differs by 200 Commerce City 500 300 differs by 200 For point of reference, a 300-foot distance extends approximately one block in width and a 600-foot distance extends approximately two blocks in width. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 18-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings, on first reading, order it published, public hearing set for Monday, October 12, 2020 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication.” Or, Council Action Form – Sign & Letter Notice September 28, 2020 Page 4 “I move to postpone indefinitely Council Bill No. 18-2020, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning sign and letter notice requirements for quasi-judicial public hearings, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 18-2020 2. Posting Sign Examples ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _______ COUNCIL BILL NO. 18 ORDINANCE NO. ____ Series 2020 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SIGN AND LETTER NOTICE REQUIREMENTS FOR QUASI-JUDICIAL PUBLIC HEARINGS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) concerning zoning and development; and WHEREAS, the City places a high value on public notice as a critical legal requirement for public hearings; and WHEREAS, the Council wishes to improve public notice by increasing the number of posting signs required and by increasing the mailing radius for letter notice. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-109.C of the Code of Laws, regarding posted notice procedures for public hearings, is amended to read: C. Posted Notice: At least fifteen (15) days prior to any public hearing for a specific site development which requires approval by the planning commission, board of adjustment or city council, the director of community development shall cause to be prepared, and the applicant shall post, ONE OR MORE SIGNS (AS DETERMINED BY TABLE 1 BELOW) a sign (one (1) per street frontage) upon the parcel PROPERTY under consideration for approval which provides notice of the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. The sign(S) shall be posted within the property boundaries, shall be affixed to a flat surface, shall measure AT A MINIMUM twenty-two (22) inches in height by twenty-eight (28) inches in width, shall be elevated a minimum of thirty (30) inches from the ground (however, not more than six (6) feet above ground), shall be visible from the street without any obstructions, shall be legible and displayed for fifteen (15) days prior to the public hearing. The sign(S) shall be maintained in good condition by the applicant throughout the fifteen-day posting period. The sign(S) shall be removed within seventy-two (72) hours from the date the public hearing is concluded. The fact that a parcel PROPERTY was not continuously posted the full fifteen (15) days may not, at -2- the discretion of the hearing authority, constitute grounds for continuance where the applicant can show that a good faith effort to meet this posting requirement was made. POSTED NOTICE SHALL BE LOCATED ON ALL STREET FRONTAGES OF THE SUBJECT PROPERTY, AND THE NUMBER OF SIGNS REQUIRED TO BE POSTED ON EACH FRONTAGE SHALL BE BASED ON THE FRONTAGE LENGTH AND BASED ON THE PARCEL CONFIGURATION OF THE SUBJECT PROPERTY AS SHOWN IN TABLE 1: TABLE 1. NUMBER OF REQUIRED POSTING SIGNS FRONTAGE LENGTH PROPERTY CONFIGURATION NO. OF REQUIRED POSTING SIGNS UP TO 200 LINEAR FEET COMPRISED OF 1 PARCEL OR LOT 1 SIGN UP TO 200 LINEAR FEET COMPRISED OF MORE THAN 1 PARCEL OR LOT 2 SIGNS 200 TO 400 LINEAR FEET ANY NUMBER OF PARCELS OR LOTS 2 SIGNS OVER 400 LINEAR FEET ANY NUMBER OF PARCELS OR LOTS 1 SIGN PER 400 FEET (ROUNDED UP) Section 2. Section 26-109.D of the Code of Laws, regarding letter notice procedures for public hearings, to read: D. Letter Notice: At least fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by first class mail, a letter to adjacent property owners within three SIX hundred (300 600) feet of the property under consideration and to owners of property included within the area under consideration. The letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority and shall not be regarded as constituting inadequate notice. Section 3. Severability Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 28th day of September, 2020, ordered published in full in a newspaper of general -3- circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for October 12, 2020 at 7:00 p.m., as a virtual meeting, and that it take effect fifteen (15) days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 12th day of October 2020. SIGNED by the Mayor on this ____ day of October 2020. ______________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald Dahl, City Attorney 1st publication: October 1, 2020 2nd publication: October 15, 2020 Jeffco Transcript Effective Date: October 30, 2020 Published: Jeffco Transcript and www.ci.wheatridge.co.us ATTACHMENT 2 (1) 10700 W. 46th Avenue – This property was rezoned in 2020 and had 1 posting sign on the site. The frontage is just under 170 feet and is comprised of a single lot. Under the revised framework, the same 1 sign would be required in the future for a property of this size and configuration. (2) 2810-2816 Benton Street – In 2019, a replat was reviewed by Planning Commission, and 1 sign was posted on the Benton Street frontage. The frontage is 100 feet, but the property was comprised of multiple lots. Under the revised framework, 2 signs would be required to bookend the limits of the property. (3) 4000-4066 Upham – In 2019, this property had several hearings associated with a zone change and plat, and 1 sign was posted for each hearing on the Upham Street frontage. This frontage is 260 feet, but the property is comprised of multiple parcels. Under the revised framework, 2 signs would be required to bookend the limits of the property. (4) 44th & Kipling – This site is currently vacant, but if developed in the future, a subdivision would be necessary. Under the revised framework, if signs were required at one per 400’ of frontage, there would be 3 signs on Kipling and 2 signs on 44th Ave which is more appropriate for a project of this size as compared with the current requirement of 1 sign per frontage. 28th AVE BE NT ON TA BO R 46th AVE KIP LIN G 44th AVE UP HA M