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
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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
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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
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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