Loading...
HomeMy WebLinkAboutCouncil Packet 04/09/2012CITY COUNCIL AGENDA: April 9 , 2012 Page -2- DECISIONS, RESOLUTIONS, AND MOTIONS £ Motion to approve the payment to JPK Micro Supply, Incorporated, City of Industry, CA , in the amount of $47 ,640 for the replacement of 60 Desktop Computers ~. Motion to approve the annual Police Radio System Contract payment to the West Metro Fire Protection District in the amount of $97 ,683.75 for Police Radio System Services 4 . Resolution No. 19-2012 -Amending the Fiscal Year 2011 Budget to reflect the approval of increased revenue in the Open Space and Richards Hart Estate Funds ~ Presenting the proposed change to City Council Rules of Order and Procedure to allow Public Comment at Study Sessions CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ,.~A4 ... ~ r City of • --~Wheat&_dge ~ADMINISTRATIVE SERVICES TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council ~ Patrick Goff, City Managei:IJ' Heather Geyer, Administrative Services Director/PIO Y{ April 9, 2012 Pre-Meeting Discussion -Draft 2012 Citizen Survey Policy Questions City Council approved the inclusion ofthe fourth iteration of the bi-annual Citizen Survey in the 2012 Adopted Budget. The last Citizen Survey was conducted in 2008. A Survey was not conducted in 2010 due to budget cutbacks during the recession. Background The Citizen Survey serves as the City 's "consumer report card." The purpose of the Citizen Survey is as follows: • To assess resident satisfaction with community characteristics and amenities , and • To evaluate Wheat Ridge local government and employees , and • To further understand resident priorities regarding government services in Wheat Ridge. The National Research Center (NRC) based out of Boulder administers the survey. The Survey is mailed randomly to 3 ,000 households throughout the City. A postcard and pre-survey notification letter is sent to those households. There are a total of two survey mailings. Historically, the City has had a high rate of participation in the Citizen Survey with a response rate of38 percent in 2008 . The typical average for a survey of this type is usually in the range of 20 -30 percent. Wheat Ridge has always had higher response rates than the average. It is important to note that many of the Citizen Survey questions allow for comparisons to national and front-range benchmark data available through NRC (policy questions excluded); therefore, these same questions appear on each iteration of the Survey to provide comparable trend data for Wheat Ridge. Following the data analysis and report writing phase of the project, City Council can expect to see a presentation of the Citizen Survey during a Study Session in July or August. Policy Questions Included for your review , and discussion during the pre-meeting before the April 91h Regular City Council meeting, are several policy questions that Directors have drafted with the assistance of the National Research Center (NRC). The purpose of including these policy questions is to gauge level or support , importance, and opinions from our citizens related to the following current policy topics . Pre-Meeting Discussion -Draft 2012 Citizen Survey Policy Questions April 9 , 2012 Page 2 Questions were drafted for the following policy topics: • 38th A venue, questions 20 and 21 • City Sustainability efforts, questions 23 , 24 and 25 • Multi-family housing rental inspection program, questions 26 and 27 • Height and density restrictions related to economic development and reinvestment efforts, question 22 • Possible funding alternatives for infrastructure improvements, questions 28, 29, and 30 Again, staff is looking for consensus on inclusion of the draft policy questions at the April 9th pre-meeting. If you have any questions about the Citizen Survey prior to this meeting, please do not hesitate to contact me. lhmg Attachment: 1. Draft 2012 Citizen Survey CITY OF WHEAT RIDGE, COLORADO March 26, 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00p.m. Council Members present: Davis Reinhart, William "Bud" Starker, Joyce Jay, Kristi Davis, Mike Stites, Tracy Langworthy, and Joseph DeMott. Absent: George Pond Also present: City Clerk, Janelle Shaver; Deputy City Clerk, Bruce Roome; City Treasurer, Larry Schulz; City Manager, Patrick Goff; City Attorney , Gerald Dahl; Chief of Police, Dan Brennan; Administrative Services Director, Heather Geyer; Community Development Director, Ken Johnstone; Public Works Director, Tim Paranto; staff and interested citizens. APPROVAL OF MINUTES OF February 27. 2012 and March 19, 2012 Motion by Mr. Stites for approval of the Minutes of February 27, 2012 and March 19, 2012; seconded by Mr. Starker. The vote for February 27th carried 7-0. The vote for March 19th carried 6-0-1 with Mr. DeMott abstaining due to his absence. PROCLAMATIONS AND CEREMONIES Recognition of Wheat Ridge High School Team-Colorado Technology Student Association State Leadership Expo Mayor DiTullio presented the following Wheat Ridge High School students with certifications recognizing their accomplishments: Peter Nielson Gustavo Serrano Mary Bruff Matthew Arrellano Kenneth McCarthy Amado Martinez Peter Casey Audrey Penkowsky Azalea Hagerty Nick Tompkins Sean Gaoutte Nathaniel Buehler Marco Hakim Scott Cazier City Council Minutes March 26, 2012 Page 2 Wheat Ridge Housing Authority-10 Year Anniversary Recognition Mayor DiTullio spoke of the history and work of the Wheat Ridge Housing Authority and presented the following Wheat Ridge Housing Authority members with Certificates of Recognition: Katie Vanderveen Gayle Miller Kent Davis Cheryl Brungardt Betty Mabin Henry Wehrdt, Jr. Joseph DeMott Katherine Nuanes Kathryn Fulton Ken Johnstone Dick Matthews Sally Payne Janice Thompson Mary Cavarra Lena Rotola Larry Nelson Alan Feinstein Kathy Field Cheryl Brungardt, presented Mayor DiTullio his Certificate of Recognition as one of the founding members of the authority and as the first chair of the authority. Mrs. Brungardt who has been on the Authority since its inception and is the current chair, spoke on behalf of the Authority and thanked all the folks over the last 10 years for their support for the good work they do. CITIZENS' RIGHT TO SPEAK Casey Tighe, candidate for Jefferson County Commissioner, introduced himself. Sarah Davis, chair of the Breathe Easy Wheat Ridge Coalition, thanked people for their support in learning the dangers of second hand smoke. Norm Stoneback, Wheat Ridge resident, spoke regarding the ordinance that only allows 3 animals pre household. His wife had three animals and he had three, so they have six. They were unaware of the policy when they moved to Wheat Ridge. Code Enforcement has told them they'd have to get rid of them or get a kennel license from the State. Upon inquiry they found out the State will only issue kennel licenses to people who have a minimum of 15 animals, so they are in a Catch 22. They received a summons from the City and appeared before the judge. They were told they have to get rid of the animals. Unfortunately since they aren't from here originally they don't City Council Minutes March 26, 2012 Page 3 have relatives or close friends nearby who could take any of the animals. They will be moving out of Wheat Ridge because of this law, but now is not a good time --with children who still need to finish school. He spoke with Chief Brennan tonight and he will look into this. Mr. Stoneback referenced a packet of information he provided to the Council. They take good care of their animals and keep good control of them. In the packet there is a note from neighbors up and down their street who don't feel his animals are a nuisance. Gary Fisher, Norm Stoneback's landlord, spoke in support of their six animals. They are good tenants and neighbors, and he thinks the ordinance is knit-pickey . He would like to see this resolved. John Marriott, Wheat Ridge business owner, spoke on 2 issues. Public Comment at Study sessions: He has great concerns about City Council's policy of not allowing public comment at Study Sessions. It would be more efficient if folks could speak to all the council members at the same time instead of having to contact them separately. And he thinks citizens should be able to offer input much earlier in the process. The way it stands now there is no public citizen comment at study sessions, or on 1st readings of ordinances, and by the time something gets to 2"d Reading the Council says they don't want to legislate from the dais. The end result is that citizens have very little chance to offer their opinions or affect policy. Proposed adoption of the international property maintenance code . In Arvada they had a citizen committee study it for a year and make recommendations that customize the code for Arvada's particular set of circumstances. Arvada will be adopting the code with its own set of changes in the near future. Mr. Marriott recommends that council should take a look at Arvada's work, learn from it and use it as a starting point for crafting a good and flexible policy that is unique for Wheat Ridge. It should be a joint effort of staff, citizens, experts, and elected officials. Nancy Snow agreed with Mr. Marriott about the Study Session rule of no public comment, and taking consensus votes at study sessions . There's no public input at study sessions, none on 1st reading, and they don't seem to ever change anything on 2"d reading. She also applauded the Council on their decision to move the pre- meetings from the conference room to the Council Chambers. She also wishes that pre-meetings were televised. APPROVAL OF AGENDA Motion by Mr. DeMott to add Agenda Item #6, an appointment to the Liquor Authority Board; seconded by Mrs. Langworthy; carried 7-0. ORDINANCES ON FIRST READING .1. Council Bill 03-2012-An Ordinance approving the Rezoning of Property Located at 11210 W. 45th Ave. (Lot 2, Pumpkin Patch Subdivision) from Agricultural-One (A-1) to Public Facilities (PF) Zone District (Case No. WZ-12-01M'RMF City Council Minutes March 26, 2012 Page4 This vacant 1.49 acre parcel is located north of 44th between Parfet and Quail. It is immediately north of the Wheat Ridge Maintenance Facility (WRMF) and was purchased by the City in 2009 specifically for future expansion of the maintenance facility. The purpose of the rezoning is to consolidate the WRMF parcels in preparation for expansion. Motion by Mr. DeMott to approve Council Bill No. 03-2012, an ordinance approving the rezoning of property located at 11210 W. 45th Avenue (Lot 2, Pumpkin Patch Subdivision) from Agriculturai-One(A-1) to Public facilities (PF) zone district on first reading, order it published, public hearing set for Monday, April 23, 2012 at 7:00p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Langworthy; carried 7-0. DECISIONS. RESOLUTIONS AND MOTIONS 2. Resolution No. 16-2012-approving an Intergovernmental Agreement by and between the City of Lakewood and the City of Wheat Ridge to establish the West Metro Special Weapons and Tactics Team (SWAT) Resolution No. 16-2012 was introduced by Mr. Stites . Motion by Mr. Stites to approve Resolution No. 16-2012, a resolution approving an Intergovernmental Agreement by and between the City of Lakewood and the City of Wheat Ridge to establish the West Metro Special Weapons and Tactics Team (SWAT); seconded by Mr. Starker; carried 7-0. ~· Motion to approve the revisions to the Personnel Policies as submitted on March 26, 2012 and to be effective immediately. Revisions to the City's personnel policies are driven by changes in Federal and State Law, and City policy changes. The City's Employment Law Attorney and the Executive Management Team have reviewed and support the proposed changes. Motion by Ms. Davis to approve the revisions to the Personnel Policies as submitted on March 26, 2012 and to be effective immediately; seconded by Mrs. Jay; carried 7-0. 4. Motion to approve the purchase of planters and temporary pedestrian platforms for the 38th Ave. Lane Configuration Project from Bison Innovative Products in an amount not to exceed $91 ,804. This purchase is part of the 38th Avenue Corridor Plan which involves restriping, narrowing, and the addition of street amenities. Motion by Mrs. Jay to approve the purchase of planters and temporary pedestrian platforms for the 38th Ave . Lane Configuration Project from Bison Innovative Products of City Council Minutes March 26, 2012 Page 5 Denver in the amount of $79,829.20; and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $91 ,804; and that all costs associated with this purchase be paid from account number 30-303-800-892; seconded by Mr. Reinhart; carried 6-1, with Mr. Stites voting no. 5. Resolution No. 17-2012-amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $5,000 to Wheat Ridge "Feed the Future" Backpack Program. Resolution No. 17-2012 was introduced by Mrs. Langworthy. This program is run by the Arvada Community Food bank, a non-profit corporation formed in 1982 to serve the needy and vulnerable in Arvada, Golden, Wheat Ridge and Westminster. "Feed the Future" serves Title I elementary children who have been identified as "at risk' and without food on the weekends. The Gateway Signage Program ($100,000) was suspended in February. $92,800 of the money is being paid to WR2020 for their assistance with the implementation of the 38th Avenue Corridor Plan. Of the remaining balance $5,000 will be used for this donation. Motion by Mrs. Langworthy to approve Resolution No. 17-2012, amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $5,000 to fund the Wheat Ridge "Feed the Future" Backpack Program; seconded by Mr. Stites. Carol Sue Fricke/, coordinator this program at Kullerstrand Elementary spoke and thanked Council for their support of this program. Motion carried 7-0. 6. Motion to appoint to the Liquor Licensing Authority Board -District IV Motion by Mr. DeMott to appoint Claudia Worth to the Liquor Licensing Authority Board representing District IV, term to expire March 2, 2015; seconded by Mrs. Langworthy; carried 7-0. CITY MANAGER'S MATTERS Mr. Goff said it's exciting to see all the projects in progress around the City-the apartments at 44th and Upham, the medical building at 29th and Wadsworth, 2 bank buildings and improvements at Discovery Park . ELECTED OFFICIALS' MATTERS Ms. Davis made a motion to place "public comment at Study Sessions" on a future study session agenda; seconded by Mr. Starker; carried 7-0 City Council Minutes March 26 , 2012 Page 6 Mrs. Langworthy reminded citizens to watch out for little kids this week as they have their spring break. Mr. Starker thanked the German jazz band for performing prior to the Council meeting and congratulated the students from WRHS who participated in the Tech Program . He reported on the National League of Cities trip that the Mayor, he and Councilmember Jay, and two staff members took. It was very educational and a good opportunity to listen to national issues. The Wheat Ridge delegation met with the staffs at Senators Bennet and Udall 's offices to learn about things like government grants and tax free municipal bonds . We expressed concern over the nutrient standards . They visited with FEMA, Department of Homeland Security, HUD and the Executive Office Building staff to learn about monies that might be available to us . Senators Bennet and Udall joined them for breakfast. They had a tour of the Capitol , and went into the gallery to watch the Senate in session . He thanked staff for the briefing booklets. Mayor DiTullio had several things . He mentioned a letter the City has drafted to Rep. Perlmutter and Senators Bennet and Udall encouraging continued funding for CDBG grants and to remove the restriction so that the grant money can be used for market rate housing as well as affordable housing . The letters were passed around for all councilmembers to sign The Mayor has also asked Janice Smothers to create a packet of information for everyone with information from the National League of Cities tr ip . It includes information the City took back to D.C . about Jeffco R-1 Schools and the Business Resource Center and i nformation that was received while in Washington DC . The packet also includes an excellent letter that Sam Mamet of the Colorado Municipal League presented to the White House staff opposing nutrient testing by cities , which is an unfunded mandate from Washington D.C . and the EPA. There were 30-40 representatives from Colorado in attendance and Sam d id a great job of addressing local control and other unfunded mandates . The Mayor also handed out an update from Gina Hallisey on the Zoppe Family Circus . It speaks about the cooperation between the circus and Jeffco schools . Mrs . Jay mentioned an idea for a sewer water system she brought back from NLC and had a handout for it. Meeting adjourned to Study Session at 8 :14pm City Council Minutes March 26, 2012 Page 7 APPROVED BY CITY COUNCIL ON April 9, 2012 BY A VOTE OF __ to __ Mike Stites, Mayor pro tern 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 in the City Clerk's Office, as well as copies of Ordinances and Resolutions. Council Action Form April 9, 2012 Page2 • As provided in §32-1-203(2), C .R.S ., the criteria for approval of a service plan include those listed below. The district proponents must provide evidence sufficient for the City Council to make all of the findings listed in paragraphs (a) through (d). If they do not, Council must disapprove the Service Plan. If the district proponents do not provide evidence sufficient for the City Council to make the findings listed in the paragraphs (e) through (i), Council may but is not required to disapprove the Service Plan. a. There is sufficient existing and projected need for organized service in the area to be served by the Districts; b . The existing service in the area to be served by the Districts is inadequate for present and projected needs; c. The Districts are capable of providing economical and sufficient service to the area within its boundaries ; d. The area to be included in the Districts has , or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis ; e. Adequate service is not, and will not be, available to the area through the City, or other existing municipal or quasi-municipal corporations , including existing special districts , within a reasonable time and on a comparable basis; f. The facility and service standards of the Districts are compatible with the facility and service standards of the City within which the Districts are to be located and each municipality which is an interested party under Section 32-1-204(1 ), C.R.S .; g. The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-108 , C.R.S.; h. The proposal is in compliance with any duly adopted city, county, regional , or state long-range water quality management plan for the area ; and 1. The creation of the Districts will be in the best interests of the area proposed to be served. Staff has reviewed the Service Plan in detail and concludes that all of the findings listed above are supported by the Service Plan. Staff recommends approval of the Service Plan as presented . PRIOR ACTION: None FINANCIAL IMPACT: The City did not require a submittal fee for this service plan. Costs associated with this service plan include staff and attorney time to review the submitted documents. BACKGROUND: The proponent of these three related metropolitan districts is the owner of approximate}~ 15.5 acres of real property located within the City in the vicinity of Ward Road and West 49t Place (the "Property"). The Property borders the plrumed RTD commuter rail Gold Line final stop. Metropolitan districts in Colorado have become a common tool for financing the public Council Action Form April 9 , 2012 Page 3 infrastructure portion of large development projects . All special districts in Colorado organized under Title 32 of the Colorado Revised Statutes (C.R.S.) are required to file a service plan with the city council of the municipality in which the district is proposed. Grimshaw and Harring, PC representing the owners of this property, filed the Ward TOD Metropolitan Districts 1-3 Service Plan with the City on March 27 , 2012. The purpose of the Districts is to provide public infrastructure improvements within and outside the Property. The Districts will acquire and/or design , finance , construct and install public improvements for the use and benefit of the citizens of Wheat Ridge , the Districts ' taxpayers and owners of the Property, and the public at large, accomplishing these purposes through the issuance and repayment of limited tax and general obligation bonds and other financial obligations. The proposed Service Plan describes and sets forth these powers and authorities the Districts shall have as allowed by Colorado law. State law allows local governments to exert significant control over the organization and operation of special districts . The service plan approval process is the key to exercising that control. RECOMMENDATIONS: Section 32-1-203 of the C.R.S. gives the following authority to the City Council in its review of the Service Plan: 1. Approve the service plan without condition or modification; 2. Disapprove the service plan; or 3 . Conditionally approve the service plan subject to submission of additional information relating to or the modification of the proposed service plan. Staff has reviewed the Service Plan in detail and concludes that all of the findings are supported by the Service Plan. Staff recommends approval of the Service Plan as presented. RECOMMENDED MOTION: "I move to approve Resolution No. 18-2012, a resolution approving the service plan for the Ward TOD Metropolitan Districts 1-3." Or, "I move to postpone indefinitely Resolution No. 18-2012, a resolution approving the service plan for the Ward TOD Metropolitan Districts 1-3 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Gerald Dahl , City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 18-2012 2. Service Plan for Ward TOD Metropolitan Districts 1-3 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of2012 A RESOLUTION APPROVING THE SERVICE PLAN FOR WARD TOD METROPOLITAN DISTRICTS 1-3 WHEREAS , pursuant to Sections 32-1-204.5 and 32-1-205 , C.R.S., as amended , a Service Plan for the proposed Ward TOD Metropolitan Districts 1-3 was filed with the City of Wheat Ridge by the owners of I 00% of the property proposed to be included within the said districts ; and WHEREAS , on or about March 27 , 2012 the said property owners filed a revised Service Plan (the "Service Plan") containing certain changes and modifications as recommended and supported by the City Staff; and WHEREAS , the City Council held a public hearing on the Service Plan on April 9, 2012 ;and WHEREAS , notice of the hearing before the City Council was duly published in the Denver Post on March 22, 20I2 and in the Wheat Ridge Transcript on March 22 , 2012 and was sent to the governing body of each municipality and special district within a radius of three miles of the proposed special district's boundaries that have levied an ad valorem tax within the next preceding tax year; and WHEREAS , the City Council has considered the Service Plan , and all testimony and other evidence presented at the hearing; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows: I. The above and foregoing recitals are incorporated herein by reference and are adopted as findings and detenninations of the City Council. 2. The City Council further finds and detennines that all applicable requirements of part 2, article 1, title 32 , Colorado Revised Statutes , relating to the filing of the Service Plan and the consideration thereofby the City Council , have been met. 3. Based upon evidence presented in the Service Plan and at the hearing, the City Council hereby determines as follows : a. There is sufficient existing and projected need for organized service in the area to be served by the Districts ; b. The existing service in the area to be served by the Districts is inadequate for present and projected needs ; Attachment 1 c. The Districts are capable of providing economical and sufficient service to the area within its boundaries; d. The area to be included in the Districts has, or will have, the financial ability to discharge the proposed indebtedness on a reasonable basis ; e. Adequate service is not , and will not be, available to the area through the City, or other existing municipal or quasi-municipal corporations , including existing special districts , within a reasonable time and on a comparable basis ; f. The facility and service standards of the Districts are compatible with the facility and service standards of the City within which the Districts are to be located and each municipality which is an interested party under Section 32-1-204(1 ), C.R.S.; g. The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-108 , C.R.S.; h. The proposal is in compliance with any duly adopted city, county, regional , or state long-range water quality management plan for the area; and 1. The creation of the Districts will be in the best interests of the area proposed to be served. 4. The City Council does hereby approve the Service Plan for the Ward TOD Metropolitan Districts 1-3 as submitted to the City on March 27 , 2012 . 5. A certified copy of this Resolution shall be filed in the records of the City and submitted to the petitioners for the purpose of filing in the District Court of Jefferson County. 6. All resolutions or parts thereof in conflict with the provisions hereof shall be and the same are hereby repealed . Done this __ day of April , 2012 , at Wheat Ridge , Colorado . ATTEST: Janelle Shaver, City Clerk CITY COUNCIL OF THE CITY OF WHEAT RIDGE , JEFFERSON COUNTY, COLORADO By: _______________ _ Jerry DiTullio , Mayor -2- SERVICE PLAN FOR WARD TOD METROPOLITAN DISTRICT NOS. 1-3 ~ ·------------------------------------------------------------------------ City of Wheat Ridge, Colorado Prepared by Grimshaw & Harring, P.C. 1700 Lincoln Street, Suite 3800 Denver, Colorado 80203 303-839-3800 Submitted March 27,2012 Attachment 2 TABLE OF CONTENTS I. INTRODUCTION ................................................................................................... 3 A. Overview .................................................... : ................................................. 3 B. Three District Format. .................................................................................. 3 C. District Services ........................................................................................... 4 D. Configuration and Boundaries ..................................................................... 4 E. Existing Services and Districts .................................................................... 5 F General Financiallnfonnation and .-'\.ssumptions .................................... 5 G. Consultants ................................................................................................... 6 IT. DESCRIPTION OF PROJECT PLANNED DEVELOPMENT ................................................................................ 6 A. Genera1 ......................................................................................................... 6 B. Vicinity ........................................................................................................ 7 Ill. DESCRIPTION OF PROPOSED METROPOLITAN DISTRICT SERVICES ..... 7 A. Need for Metropolitan Districts ................................................................... 7 B. General Service Authority ........................................................................... 7 (1) Sanitation and Storm Drainage. .. .................................................... 7 (2) Water ................................................................................................ 8 (3) Streets ............................................................................................... 8 ( 4) traffic and Safety Controls .............................................................. 9 (5) Transportation .................................................................................. 9 (6) Television Relay and Translation .................................................... 9 (7) Mosquito Control. ............................................................................ 9 (8) Covenant Enforcement. .................................................................. 1 0 (9) Security Services ............................................................................ 1 0 (1 0) Legal Powers .................................................................................. 1 0 (11) Other .............................................................................................. 10 IV. DESCRIPTION OF FACILITIES AND IMPROVEMENTS ............................... 11 A. General ....................................................................................................... 12 B. General Design Standards .......................................................................... 12 (1) Wastewater System ........................................................................ 12 (2) Water System ................................................................................. 13 (3) Street System and Traffic Safety ................................................... 14 C. Estimated Cost of Facilities ....................................................................... 15 V. PROPOSED AND EXISTING AGREEMENTS .................................................. 15 A. Service Coordination ................................................................................. 15 B. Regional Transportation District. ............................................................... IS C. Other Agreements/Authority ..................................................................... 15 VI. FINANCIAL PLAN ............................................................................................... IS A. Other Financial Information. ..................................................................... 17 B. Elections ..................................................................................................... 18 C. Provision for Bond Mill Levy Cap ............................................................ 19 (1) Bonds ............................................................................................. 19 D. Additional Bond Limitations ..................................................................... 19 E. Operations .................................................................................................. 19 F. Enterprises .................................................................................................. 20 VII. ANNUAL REPORT .............................................................................................. 20 VIII. [RESERVED] ........................................................................................................ 20 IX. MATERIAL MODIFICATIONS .......................................................................... 20 X. CONSOLIDATION ............................................................................................... 21 XI. RESOLUTION OF APPROVAL .......................................................................... 21 XII. CONCLUSIONS .................................................................................................... 21 XIII. LIST OF EXIIIBITS .............................................................................................. 23 ii ~ i I. INTRODUCTION A. Overview. This Joint Service Plan ("Service Plan"), submitted in accordance with Part 2 of the Special District Act(§ 32-1-201, et seq., C.R.S.), sets forth a proposal for the formation of the Ward TOD Metropolitan District No. 1 ("District No. 1"), Ward TOD Metropolitan District No. 2 ("District No. 2") and Ward TOD Metropolitan District No. 3 ("District No. 3"), (collectively the "Districts"), which are intended to serve that area which is coextensive with the boundaries of the planned transit oriented development in the vicinity of Ward Road and West 49th Place located entirely within the City of Wheat Ridge, Colorado (the "Development"). The developer of the project and proponent of the Districts is the IBC Denver II, LLC (the "Proponent" or "Developer"). The property within the Development and the Districts is owned 100% by the Proponent The Development will be developed pursuant to such land use submittals approved by the City of Wheat Ridge (the "City"). District No. 1 will construct, own and operate the majority of the public services and facilities for the Development. District Nos. 2 and 3 will fund and assist in the coordination of metropolitan district services and facilities. District Nos. 2 and 3 will encompass the entirety of the Development except the property located in District No. 1, which will encompass a tract of approximately one (1) acre after final platting. Using funds provided by and through District Nos. 2 and 3, District No. 1 will construct, own and operate certain public services and facilities for the Development. District No. 1 will also be the contracting party for any agreements with the Regional Transportation District ("RTD") and the contractor for the RTD Gold Line which is to be constructed adjacent to the Development. The Districts may authorize bonded and other indebtedness to finance a portion of the infrastructure necessary to develop the property located within its boundaries. In addition, the Districts will authorize an intergovernmental agreement between the Districts (the "Facilities Agreement" referenced in Section V.B. of this Service Plan) which will facilitate the transfer of capital and operating funds from District Nos. 2 and 3 to District No. 1. The basic charge of District Nos. 2 and 3 is to issue debt and collect tax revenues to pay off debt and to fund the construction, operations, and maintenance of the public services and facilities to be constructed and managed by District No. 1. B. Three District Format. There are three specific reasons for using three special districts for this project. As indicated above, the establishment of District No. 1 as a service district which will construct, own, operate and maintain the public facilities throughout the Development, and the establishment of District Nos. 2 and 3 as financing districts, will create several benefits. First, District No. 1 will be overseen by a limited electorate, consisting initially of representatives of 3 the Proponent and the Developer to allow consistency and continuity during the construction phase of the Development. Second, the three district concept has worked very well in other areas of the State of Colorado in the context of the restrictions of TABOR. Because District Nos. 2 and 3 authorize the debt and the intergovernmental agreement with District No. 1 at an election, all of the Districts' taxing and spending authority is authorized at the outset, and District Nos. 2 and 3 are therefore allowed to adjust the mill levy for both purposes at their discretion. District Nos. 2 and 3 created will include all residential assessed property in one district and all commercial assessed in the other. This will allow for the mill levies on residential and commercial properties to reflect the market sensitivities of each category and address the differentiation in the assessed valuation methods (i.e. commercial is assessed at 29% and residential is assessed at 7.96%). Finally, the three district concept can assure that the construction and operation of the public facilities for the Development will be achieved in an efficient manner and will allow the District to enter into long-term agreements and contracts with RID and other parties involved in the construction of the light rail station and parking facilities associated therewith. C. District Services. District No. 1 will construct, own and operate the majority of the public services and facilities for the Development, as more specifically set forth in this Service Plan. District Nos. 2 and 3 will fund and assist in the coordination of metropolitan district services and facilities. Using funds provided by and through District Nos. 2 and 3, District No. 1 will construct, own and operate certain pubUc services and facilities for the Development not otherwise dedicated to other appropriate service entities. D. Configuration and Boundaries. The District boundaries will include approximately 15.5 acres. A legal description of the boundaries of the Districts and a map depicting the boundaries are attached as Exhibit A. The boundaries of the Districts will overlap initially. After platting the Districts will include/exclude property to reflect the boundaries of individual districts; however, this will be a fluid situation compared to standard development as buildings may be partially commercial and partially residential to accommodate the mixed use transit oriented development plan (i.e. ground floor commercial with residential above). The Districts will also have the ability to provide regional and necessary public improvements for the development of adjacent parcels upon petition by the owners of such parcels to include within the Districts. At build-out, it is anticipated that District Nos. 2 and 3 may contain up to approximately 477 residential units within the Development as well as office/commercial/retail development consisting of approximately 225,000 square feet. Current plans project that the Development 4 ~ j will contain limited areas of drainage and open space and a parking facility to accommodate light rail and retail users. Projections and phasing for the Development are more particularly set forth in Exhibit B, the Financial Plan attached to this Service Plan. The projected population of District Nos. 2 and 3 at full build-out is 954 persons (assuming 477 units and 2.0 person average occupancy per residential unit of development.) Areas outside of the Districts may be included within the District's boundaries upon petition by the owners of said properties. Changes in boundaries shall be made only in compliance with the Special District Act. The area within the Districts is currently partially developed with commercial and industrial uses but the majority of the property is undeveloped and the current population of the Districts is zero. To date the land has been assessed at commercial rates. At build-out of the Development, the expected assessed valuation is estimated at $20,390,625. E. Existing Services and Districts. There are currently no other entities in existence in the Development which have the ability or desire to undertake the design, financing, construction, operation and maintenance of the improvements designated herein which are needed for the Development. It is also the Proponent's understanding that the City does not consider it feasible or practicable to provide the necessary services and facilities for the Development. F. General Financial Information and Assumptions. For purposes of this Service Plan the current assessed valuation of all taxable property within the boundaries of the Districts is assumed to be $0. The anticipated costs of improvements necessary to provide access to and appropriate public services within the Development are estimated in Exhibit C. Costs are shown for each general category of improvements. As referenced in Exhibit D, the improvements are currently anticipated to be constructed in 2013-2017. The construction of the improvements will depend largely on the timing of construction of the RID light rail project and ftnal development approvals. The Districts may obtain financing for the capital improvements needed for the Development through the issuance of general obligation bonds or other debt instruments. General obligation debt will be payable from revenues derived from ad valorem property taxes and from other sources. The preliminary financial forecasts for the Districts are contained in the Financial Plan. The Financial Plan demonstrates one method which might be used by the Districts to finance the cost of infrastructure. At the time bonds or other debt instruments are proposed to be issued, alternative financial plans may be employed and be utilized by the Districts as long as such alternative financial plans do not result in material economic deviation or change in the risk to property owners. The figures contained herein depicting costs of infrastructUre and operations will not constitute legal limits on the financial powers of the 5 Districts; provided, however, the Districts shall not be permitted to issue bonds which are not in compliance with the bond registration and issuance requirements of Colorado law. G. Consultants. The assumptions contained within this Service Plan were derived from a variety of sources. Information regarding the present status of property within the Districts, as well as the current status and projected future level of services, was obtained from the Proponent. Legal advice in the preparation of this Service Plan was provided by Grimshaw and Harring, P.C., which represents numerous special districts throughout Colorado. Financial recommendations and advice in the preparation of the Service Plan were provided by the Developer with the assistance of George K. Baum & Co. Consultant Contact Information: Legal: Grimshaw and Harring, P .C. 1700 Lincoln Street, Suite 3800 Denver, CO 80203 (303) 839-3800 (303) 839-3838 Fax Attn: Russ Dykstra, Esq. Financial: Bruce O'Donnell George K. Baum and Co. ·1400 Wewatta, Suite 800 Denver, CO 80202 (303) 391-5489 Engineering: Jansen Strawn Consulting Engineers 1165 S Pennsylvania Street, Suite 120 Denver, CO 80210 (303) 561-3333 Attn: Chris Strawn II. DESCRIPTION OF PLANNED DEVELOPMENT A. General. The overall design theme of the Development is a transit-oriented community. The Development is projected to contain approximately 477 residential units located over or adjacent to commercial and retail development oriented to transit access. As set forth above, current plans indicate that the project will be developed in conjunction with the construction of the RID 6 4 i Gold Line. The Districts are necessary to facilitate public infrastructure and parking agreements with RTD in order to maximize the utilization of the RTD light rail station anticipated to be constructed adjacent to the Development. B. Vicinity. The Districts are located in the north-western portion of the Denver metropolitan area, in the City of Wheat Ridge, Jefferson County, Colorado. The Districts lie to the east of Ward Road, north of Interstate 70 along the north border of the existing rail lines in an area that currently consists of dated commercial and industrial development. ill. DESCRIPTION OF PROPOSED METROPOLITAN DISTRICf SERVICES A. Need for Metropolitan Districts. The property contained within the boundaries of the Districts presently consists of commercial/industrial and mostly undeveloped land. It is anticipated that such property will see development and construction activity in the near future pursuant to the development standards of the City. The Districts are an integral tool in establishing the necessary public ·infrastructure and necessary agreements with R TD in regard to transit access and parking. B. General Service Authority. In addition to the statutory powers given to the Districts as set forth in Title 32, C.RS., the Districts will have the power and authority to provide the services listed below. The specific improvements identified by the Districts as capital construction items will depend on the financial wherewithal of the Districts, but any one or a number of the improvements described below may be constructed by the Districts, either within or outside the boundaries of the Districts. It is intended, in any event, that the Districts will operate and maintain all facilities not dedicated to or owned by the City or other appropriate jurisdiction or governmental entity. Improvements will only be dedicated or otherwise made the responsibility of other entities in accordance with the City approved development plans for the project, compliance with applicable standards and acceptance by such entities. {1) Sanitation and Storm Drainage. The Districts shall have the authority to design, acquire, install, construct, operate and maintain storm or sanitary sewers, or both, flood and surface drainage improvements .including but not limited to water quality ponds and other storm water facilities, culverts, dams, retaining walls, access ways, inlets, detention ponds and paving, roadside swales and curb and gutter, treatment and disposal works and facilities, and all necessary or proper equipment and appurtenances incident thereto, together with all necessary, incidental and appurtenant facilities, 7 land and easements, and all necessary extensions of and improvements to said facilities or systems. Sanitary sewer infrastructure installed or constructed by the Districts will be dedicated to the Fruitdale Sanitation District ("Fruitdale")or other appropriate entity for ownership and maintenance. The sanitary sewer improvements will not duplicate or interfere with improvements planned or constructed by Fruitdale. All sanitary sewer improvements will be constructed to the standards of, and be reviewed in advance by, Fruitdale and shall be in compliance with the rules, regulations and policies of Fruitdale. The Districts shall not allow for any connections to the sanitary sewer improvements nor shall they collect tap fees, service charges, permit fees or other fees for sanitary sewer service(s). The sanitary sewer powers of the Districts shall be limited to the fmancing and construction of sanitary sewer improvements for the Development and conveyance of same to Fruitdale. Storm sewer infrastructure, to include storm water quality features, will be owned and maintained by the Districts. (2) Water. The Districts shall have the authority to design, acquire, install, construct, operate and maintain a complete water and irrigation water system including but not limited to water rights, water supply, water quality, treatment, storage, transmission and distribution systems for domestic and other public or private purposes, together with all necessary and proper reservoirs, treatment works and facilities, wells, water rights, equipment and appurtenances incident thereto which may include, but shall not be limited to, transmission lines, distribution mains and laterals, storage facilities, land and easements, together with extensions of and improvements to said systems. The intent is that any water infrastructure installed or constructed by the Districts will be dedicated to the Valley Water District ("Valley") or other appropriate entity for ownership and maintenance. The Districts will maintain authority to operate and maintain a potable or non· potable irrigation system. The water improvements will not duplicate or interfere with improvements planned or constructed by Valley. All water improvements will be constructed to the standards ot: and be reviewed in advance by, Valley and shall be in compliance with the rules, regulations and policies of Valley. The Districts shall not allow for any connections to the water improvements nor shall they collect tap fees, service charges, permit fees or other fees for water service(s) provided by Valley. The water provision powers of the Districts shall be limited to the financing and construction of water improvements for the Development and conveyance of same to Valley to the extent that Valley agrees to provide such services. (3) Streets. The Districts shall have the authority to design, acquire, install, construct, operate and maintain street and roadway improvements including but not limited to curbs, gutters, culverts, storm sewers and other drainage facilities, detention ponds, retaining walls and appurtenances, as well as sidewalks, bridges, parking facilities, paving, lighting, grading, streetscaping or landscaping, entry features, monuments, undergrounding of public utilities, snow removal equipment, or tunnels and other street improvements, together with all necessary, 8 ~I ·I j incidental and appmtenant facilities, signage, land and easements, and all necessary extensions of and improvements to said facilities. Any and all streetscaping, landscaping, or entry monumentation in rights-of-way shall be maintained by the Districts. All improvements shall be designed and constructed in accordance with all applicable City standards and regulations. The Districts will, upon acceptance by the City, dedicate all public street and roadway improvements to the City for ownership and maintenance of such improvements in accordance with City criteria for the project. (4) Traffic and Safety Controls. The Districts shall have the authority to design, acquire, install, construct, operate and maintain traffic and safety protection facilities and services through traffic and safety controls and devices on arterial streets and highways, as well as other facilities and improvements including but not limited to signalization at intersections, traffic signs, area identification signs, directional assistance, and driver information signs, together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities. The Districts will, upon acceptance by the City, dedicate all traffic and safety protection facilities to the City for ownership and maintenance of such facilities in accordance with City criteria (5) Transportation. The Districts shall have the authority to establish, maintain, and operate a system to transport the public by bus, rail, car-share or any other means of conveyance or any combination thereof and to enter into agreements and contracts for such service within or without the boundaries of the Districts. (6) Television Relay and Translation. The Districts shall have the authority to design, acquire, install, construct, operate and maintain television relay and translation facilities, including communications facilities together with all necessary, incidental and appurtenant facilities, land and easements, and all necessary extensions of and improvements to said facilities and systems within and without the boundaries of the Districts. (7) Mosquito Control. The Districts shall have the authority to design, acquire, install, construct, operate and maintain systems and methods for the elimination and control of mosquitoes in accordance with regulations and standards of the Jefferson County Health Department. 9 :1 ~ l (8) Covenant Enforcement. Pursuant to Section 32-1-1004(8), C.R.S., the Board of Directors of District No. 1 shall have the power to furnish covenant enforcement and design review services within District Nos. 2 and 3 if: (a) District No. 1 is named as the enforcement or design review entity in the declaration, rules and regulations, or any similar document containing the covenants to be enforced for the Development; and (b) the revenues used to furnish such services are derived from the property within District Nos. 2 and 3. (9) Security Services. The Board of Directors of District No. 1 shall have the power to furnish security services within the Development. Such power may be exercised by District No. 1 only after District No. 1 has provided written notification to, consulted with, and obtained the written consent of all local law enforcement agencies having jurisdiction in and over the Development and the City. In accordance with Section 32-1-1004(7), any local law enforcement agency having said jurisdiction may subsequently withdraw its consent after consultation with and providing written notice of the withdrawal to the Board of Directors of District No. 1. At the current time, it is not anticipated that District No. 1 will provide security services; however, it may be required in the future in regard to parking facility security. Prior to initiating any security-related services, the Board of Directors of District No. 1 shall provide advance written notification to the City, which written notification shaU include a description of the nature and extent of the security services to be furnished by District No. 1. (10) Legal Powers. The powers of the Districts will be exercised by their respective Boards of Directors to the extent necessary to provide the services contemplated in this Service Plan. The foregoing improvements and services, along with all other activities permitted by law, will be undertaken in accordance with, and pursuant to, the procedures and conditions contained in the Special District Act, other applicable statutes, and this Service Plan, as any or all of the same may be amended from time to time. (11) Other. In addition to the powers enumerated above, the Districts shall also have the following authority: (a) To amend this Service Plan as needed, subject to Section 32-1-207, C.R.S., including, by written notice to the City pursuant to Section 32-1-207, C.RS., of proposed actions which the Districts believe are permitted by this Service Plan but which may be unclear. It shall be the responsibility of the Districts to contact the City to seek an interpretation as to 10 :I ·I whether a disputed proposed action is allowed by this Service Plan. If the City determines that the proposed action constitutes a material modification of the Service Plan, the Districts shall comply with Section 32-1-207, C.R.S., to amend the Service Plan; and (b) To forego, reschedule, or restructure the financing and construction of certain improvements and facilities, in order to better accommodate the pace of growth, resource availability, and potential inclusions of property within the Districts, or if the development of the improvements and facilities would best be performed by another entity; and (c) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted to the Districts pursuant to Section 32-1-101, et seq., C.R.S. as may be amended. IV. DESCRIPTION OF FACILITIES AND IMPROVEMENTS The Districts will be permitted to exercise their statutory powers and authority as set forth herein to finance, construct, acquire, operate and maintain the public facilities and improvements described in Section ill of this Service Plan either directly or by contract. Where appropriate, the Districts will contract with various public and/or private entities to undertake such functions. Exhibit D shows the conceptual layouts of the public facilities and improvements within the Development as described in Section Ill hereof. It is anticipated that the improvements depicted in Exhibit C will be constructed in phases as determined by development of the project. To the extent practicable, Exhibit D reflects the conceptual layout of the public facilities and improvements to be constructed during each phase. Additional improvements may be constructed depending on final development plans and inclusions of additional property within the Districts. Detailed information for each type of improvement needed for the Districts is set forth in the following pages. It is important to note that the preliminary layouts are conceptual in nature only, and that modifications to the type, configuration, and location of improvements will be necessary as development proceeds. Either the Districts or the Proponent may construct the street and roadway improvements and main water and sewer improvements necessary to serve the Development. Where applicable, the public facilities and improvements described in Section ill of this Service Plan will be designed in conformance with the criteria and standards of the City. The following sections contain general descriptions of the contemplated f,acilities and improvements which will be constructed, owned and operated (where applicable) by District No. 1, and which facilities and improvements are to be financed by District Nos. 2 and 3 pursuant to (i) the terms of the Facilities Agreement referenced in Section V .B. of this Service Plan, and (ii) the limited debt issuance capability of District Nos. 2 and 3 as set forth in Section VI of this Service Plan. 11 :-1 i A. GeneraL Construction of all planned facilities and improvements will be scheduled to allow for proper sizing and phasing to keep pace with the need for service. All descriptions of the specific facilities and improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, requirements of the City, and construction design or scheduling may require. As depicted herein, the majority of capital improvements to be constructed by District No. 1 are necessary in the initial years of development. Such improvements may be required in part by development agreements affecting the Developmen~ and in order to provide initial water, sewer and roadway systems to support property owners, residents and RTD light rail users. Funding for these initial improvements is expected to occur through advances made by the Developer or through credit enhanced financings. The Districts may acquire public improvements and facilities constructed by the Developer or may reimburse the Developer for the costs of public facilities or improvements that the Developer conveys to the City or other applicable entity. Estimated costs of the facilities are included as Exhibit C to this Service Plan. B. General Design Standards. For consistency, improvements within the Districts will be designed and installed by District No. l in conformance with current standards of the City and other entities having jurisdiction. Designs and contract documents prepared for improvements must be reviewed and approved by District No. 1 and must be in accordance with the applicable standards and specifications as set forth herein. (1) Wastewater System. The sanitary sewer lines will be designed and installed to conform to the current standards and recommendations of the Colorado Department of Health, the City, and rules, regulations and standards of Fruitdale Sanitation District. All wastewater facilities will be constructed, operated and maintained under supervision of the Fruitdale Sanitation District, which will charge system users for its services in accordance with its stated rules and regulations, as the same may be amended from time to time. In addition to sanitary sewer systems and facilities, District No. 1 plans to install, operate and maintain the necessary storm drainage system to serve the Development. The proposed elements of the storm drainage system will provide a network of culverts, roadside swales, pipes, detention and water quality ponds, inlet and outlet structures, and curb and gutter designed and installed in accordance with applicable City criteria, local, state and federal regulatory standards and sound engineering judgment. District No. 1 will also improve the natural channels and drainage ways to prevent erosion and channel degradation. District No. 1 will, where appropriate and if the District owns the underlying property, dedicate drainage 12 :t .j l easements to the City giving the City the right to enter, inspect and maintain, per City criteria, the storm drainage system to the extent such improvements are not maintained by District No. 1. All major storm drainage facilities will be designed to conform to the Stormwater/Water Quality Standards of the City and the applicable standards of the Urban Drainage and Flood Control District, if any. District No. 1 may collect rates, fees, and charges for stonnwater facilities, services, and programs. (2) Water System. (a) Overall Plan. The water system will be comprised of a water distribution system consisting of buried water mains, fire hydrants, booster pumps, water well pumps and related appurtenances located predominately within the Districts' boundaries. The final configuration of the internal water system is yet to be designed. When design and construction are finalized, the system will serve the Development from adjacent streets and roads. All major elements of the water facilities will be designed and installed by District No. 1. Ongoing ownership, operations and maintenance of all water facilities will be provided by the Valley Water District. (b) Design Criteria. The proposed domestic potable water distribution system is expected to include pressurized water mains with multiple pressure zones. Water system components will be installed in accordance with the applicable standards of all entities with jurisdiction over the Districts. The proposed water system shall be constructed in compliance w~th applicable rules, regulations or standards established by the State and Valley Water District. The Drinking Water Design Criteria of the Colorado Department of Health will also be followed where applicable. The water system will also be designed based on applicable fire protection requirements. The development plan for the proposed water system is yet to be specifically designed. (3) Street System and Traffic Safety. (a) General. District No. 1 proposes to construct a collector street system to serve the Development. The existing and proposed elements of the street system will provide a network of local streets to serve the flow of traffi.c within the Districts. All facilities will be designed and installed in accordance with the City approved standards, other applicable regulatory standards, and sound engineering judgment. 13 (b) Streets. All street and roadway improvements will be designed and installed in accordance with City and CDOT approved criteria and pursuant to rules and regulations adopted by District No. 1, if any. In the event that interior streets are privately owned or constructed by the Districts, District No. 1 shall retain responsibility for operation and maintenance of such streets it constructs unless otherwise approved at the time of final platting by the City. Traffic controls and signage conforming to City and CDOT criteria, standards, and specifications shall be provided along streets to aid the flow of traffic within the Development. To the extent that street lights are not installed by the Developer or others, they may be installed by District No. 1 along collector roadways. (c) Landscaping. District No. 1 may install, and if it does shall maintain, landscape buffers along portions of Ward Road in accordance with City criteria. In addition, District No. 1 may acquire or install, and if it does shall maintain, landscaping along internal streets and entry features at major entrances. Additional features may be installed and maintained by the developers of the individual parcels. (d) Signals and Signage. Signals and signage may be installed by District No. 1 or the Developer as required by City criteria. Upon installation, and acceptance by the City, the signals and signage within the City rights of way shall be dedicated to and owned by the City. Signals and signage installed or acquired by District No. 1 shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) criteria. C. Estimated Cost of Facilities. The estimated cost of the facilities to be constructed, installed and/or acquired by District No. 1 for purposes of serving the Development are set forth in Exhibit C. The current estimated costs are approximately $20,258,874, and are based on the anticipated build-out of the Development. The figures provided are in 2012 dollars and represent a preliminary estimate of the actual capital costs associated with the planned improvements and facilities. Actual costs, as well as the timing and sequence of construction, may vary from the stated amounts and phasing to reflect fluctuations in general price levels, the pace and scope of improvements within the Districts, and other contingencies. It is anticipated that the Developer will advance funds for the construction and operation of improvements until such time as development within the Districts is sufficient to support such activities and reimburse the Developer. 14 :I ·I . V. PROPOSED AND EXISTING AGREEMENTS A. Service Coordination. The relationship between the Districts, including the means for approving, financing, constructing, and operating the public services and improvements needed to serve the Development will be established by means of a District Facilities Construction and Service Agreement ("Facilities Agreement") which will be entered into by and between the Districts. Under the Facilities Agreement, District No. 1 will own, operate, construct, and maintain the water, sewer, street, streetscape, drainage, television relay and translatio~ transportation and other public facilities which are necessary to serve the Development. Funding of the public facilities will be provided in part by District Nos. 2 and 3. The Facilities Agreement will establish extensive procedures and standards for the approval of facilities design, transfer of funds between the Districts, and continuing operation and maintenance of the facilities post- completion. Under the terms of the Facilities Agreement, District Nos. 2 and 3 are required over the life of the Facilities Agreement to acquire and pay over to District No. 1 certain operations funds as well as a limited amount of capital funds. B. Regional Transportation District. The Districts are anticipated to enter into one or more agreements with RTD to coordinate and facilitate parking and infrastructure development within the Districts. Such agreements will be entered into for the benefit of the property owners within the District and in cooperation with RID to maximize the utilization and vitality of the site. C. Other Agreements/ Authority. All intergovernmental agreements between the Districts must be for facilities, services and agreements lawfully authorized to be provided by the Districts, pursuant to Colorado Constitution, Article XIV, Section 18 (2)(a) and Sections 29-1-201, et seq., C.R.S. To the extent practicable, the Districts may enter into additional intergovernmental and private agreements to better ensure long-term provision of the improvements and services and effective management. Agreements may also be executed with property owner associations and other service providers. VI. FINANCIAL PLAN The maximum voted interest rate on bonds is 12%. The proposed maximum underwriting discount will be 3 .5%. It is estimated that the general obligation bonds, when issued, will mature as permitted by State statute. The estimated costs of the organization and initial operation of the Districts through December 31, 2012, including legal, engineering, 15 :I ·l i administrative and financial services, are expected to be approximately $100,000. Organizational costs may be reimbursed to the Proponent by the Districts out of their initial revenue sources including but not limited to bond issue proceeds. Exhibit C contains cost estimates for key proposed improvements and the projected capital costs of such improvements. Notwithstanding the cost estimate allocations set forth in Exhibit C, District No. 1 shall be permitted to reallocate costs between categories of improvements as it deems necessary in its discretion. The combined total estimated cost of improvements which District No.1 may construct to serve the Development total approximately $20,258,874, inclusive of contingencies. These amounts may be adjusted upwards as the needs of the Development evolve. However, the Districts will only finance those costs that can be paid taking into account the Mill Levy Cap ( defmed below). The total amount of bonds issued by the Districts shall not exceed $50,000,000, excluding any subsequent refunding of bonds, without City approval. All facilities described herein will be designed in such a way as to assure that the facility and service standards will be in conformance with those of the City and of other local governmental entities which may be affected thereby. All descriptions of the specific facilities and improvements to be constructed, and their related costs, are estimates only and are subject to modification as engineering, development plans, economics, City requirements, and construction scheduling may require. It is anticipated that the Developer will advance funds for the construction and operation of improvements until such time as development within the Districts is sufficient to support such activities and reimburse the Developer. It is currently anticipated that the Districts will issue either general obligation and/or revenue bonds in amounts sufficient to permit District No. 1 to construct a portion of the needed facilities. General obligation debt will be supported by ad valorem mill levies and other available revenues of the Districts. The Financial Plan attached hereto as Exhibit B shows construction beginning in 2013 and ending in build-out at 2017, and demonstrates how the proposed services and facilities may be financed and operated by the Districts and identifies the proposed debt issuance schedule of the Districts. No property within the Development shall be subject to the mill levy obligation of more than one of the Districts. The Finan~ial Plan contemplates both traditional bond financings and "developer advances" for that portion which cannot be funded initially from bond proceeds. The latter will be reimbursed as the District is financially able to do so. All general obligation bonds issued by the Districts may be payable from any and all legally available revenues of the District, including general ad valorem taxes to be imposed upon all taxable property within the boundaries of the Districts, which will not exceed fifty (50) mills except as otherwise allowed by this Service Plan (the .. Mill Levy Cap"). The mill levy imposed by District Nos. 2 and 3 may consist of up to fifty (50) mills dedicated to payment of the general obligation debt. The Mill Levy Cap shall be subject to 16 :I adjustment if the laws of the State change with respect to the assessment of property for taxation purposes, the ratio for determining assessed valuation changes, or other similar changes occur. In any of these events, the mill levy shall be automatically adjusted so that the overall tax liability of property owners neither increases nor decreases as a result of any such changes, thereby maintaining a constant level of tax receipts of the Districts and overall tax payments from property owners. Any debt issued by the Districts must be issued in compliance with the requirements of Colorado law. The Financial Plan attached hereto demonstrates one method that might be used by the Districts to finance the cost of infrastructure. Due to limited initial support expected to be received from the Developer, the Financial Plan demonstrates that the cost of infrastructure described herein can be provided with reasonable mill levies assuming reasonable increases in assessed valuation and assuming the rate of build-out estimated in the Financial Plan. In addition to revenues from the mill levy, the Districts anticipate revenue from specific ownership taxes, investment income, public improvement fees, user fees, and other sources, as further set forth and projected in the Financial Plan. A. Other Financial Information. The balance of the information contained in the Financial Plan is preliminary in nature. Upon approval of this Service Plan, the Districts will continue to develop and refine cost estimates contained herein and prepare for bond issues. All cost estimates will be inflated to then-current dollars at the time of bond issuance and construction. All construction cost estimates assume construction to applicable local, state or federal requirements. In addition to ad valorem property taxes, and in order to offset the expenses of the anticipated construction as well as operations and maintenance, the Districts will also rely upon various other revenue sources authorized by law. These will include the power to assess fees, rates, tolls, penalties, or charges as provided in§ 32-1-1001(1), C.R.S., as amended from time to time. The Financial Plan assumes various sources of revenue, including ad valorem property taxes, specific ownership taxes, and investment income on retained amounts. A system of fees and charges may also be established for landscape maintenance, drainage maintenance, and transportation improvements and other improvements not owned and operated by the City or other entity. The Financial Plan does not project any significant accumulation of fund balances which might represent receipt of revenues in excess of expenditures under TABOR. To the extent annual revenues of the Districts exceed expenditures in this manner, the Districts will comply with the provisions of TABOR and either refund the excess or obtain voter approval to retain such amounts. Initial spending and revenue limits of the Districts, as well as mill levies, will be 17 :l ·I j established by an election which satisfies TABOR requirements. In the discretion of their respective Boards, the Districts may set up other qualifying entities to manage, fund, construct and operate facilities, services, and programs. To the extent allowed by law, any entity created by a District will remain under the control of the District's Board of Directors. B. Elections. The Districts will seek the authorization of electors to issue bond debt, the proceeds of which will provide the capital improvements and services contemplated by this Service Plan. While the Districts may be authorized by voters to issue a greater amount of bond debt, the Districts shall not issue debt in excess of what can be repaid within statutory limitations and the Mill Levy Cap. The reasons for voting on a greater amount of debt than is authorized in this Service Plan are to allow reallocation of debt from one category to another (such as from water to streets), to allow flexibility in light of potential ballot initiatives or changes in state law, and to avoid election costs in the event additional debt financing is needed to adjust to future conditions as determined in the future by the Districts and the City. Should the Districts be unable to issue sufficient debt under these restrictions to fund the public improvements, the traditional methods of financing infrastructure through developer advances will be required to meet the needs of the Development The Districts shall call an election on the questions of setting in place the proposed financial structure as required by TABOR. This election will be conducted as provided in the Uniform Election Code of 1992, the Special District Act and TABOR. C. Provision for Bond Mill Levy Cap. (1) Bonds. All bonds issued by the Districts may be payable from any and all legally available revenues of the Districts, including general ad valorem taxes to be imposed upon all taxable property within the boundaries of District Nos. 2 and 3, subject to the following limitations: (a) For all general obligation debt, including refunding debt, the maximum mill levy District No. 1, No. 2 or No. 3 can promise to impose to the payment of such debt shall be: fifty (50) mills; provided, however, the mill levy limitation applicable to such debt may be increased or decreased to reflect changes in the method of calculating assessed valuation with tax year 2011 as the base year for calculation of any such adjustments, such increases or decreases to be determined by the Board of Directors of the Districts in good faith (such determination to be binding and final) so that to the extent possible, the actual tax revenues generated by the mill levy, as adjusted, are neither diminished nor enhanced as a result of such 18 changes. For purposes of the foregoing, a change in the ratio of actual value to assessed value shall be deemed a change in the method of calculating assessed valuation. (b) The Districts may also pay debt with any and all other legally available revenues. D. Additional Bond Limitations. In addition to the limitations set forth in this Service Plan, all bonds issued by the Districts shall also be subject to the limitations of State law. In the event of a conflict between the limitations of this Service Plan and State law, the more restrictive provision shall control. E. Operations. The Districts will require operating funds to plan and cause the public improvements to be constructed. Additional costs to the capital costs indicated herein are expected to include: the operation and maintenance of improvements by District No. 1 from the time of their construction to the time of their acceptance by the City or others; operation and maintenance of improvements, if any, which the City or others do not accept; and expenses related to operation of the Districts, such as reimbursement of legal, engineering, accounting and administrative services, preparation of budgets, audits, map filings, elections, informational filings, and the like. The first year's operating budget is estimated to be approximately $50,000. As shown in the Financial Plan, District No. l's operating budget is projected to increase over time as maintenance requirements within the District increase. It is anticipated that future operational revenues and funding for other obligations of the Districts will be raised by Developer advances, user fees, and an operating mill levy. As the District is able, it may reimburse the Developer in subsequent years for operations advances. The proposed operating revenue derived from property taxes for the first budget year of the District is $0. If necessary, however, the District may supplement these revenues with additional other revenue sources as allowed by law, such as fees or charges related to the improvements or services provided by the Districts. F. Enterprises. In the discretion of the Board of Directors of District No. 1, using the procedures and criteria provided by TABOR and State law, District No. 1 may set up enterprises to manage, fund, and operate such facilities, services, and programs as may qualify for enterprise status. To the extent allowed by law, any enterprise created by District No. 1 will remain under the control of the Board ofDirectors ofDistrict No. 1. 19 :J ·I j Vll. ANNUAL REPORT The City may request the Districts to file, not more than once a year, a special district annual report. The annual report shall be filed with the City, the Division of Local Government, and the State Auditor, and such report shall be deposited with the County Clerk and Recorder for public inspection, and a copy of the report shall be made available by the Districts to any interested party pursuant to Section 32·1-204 (1), C.R.S. Such annual report shall include a summary of all relevant financial conditions of the Districts. The City may review the annual reports in a regularly scheduled public meeting, and such review shall be included as an agenda item in the public notice for such meeting. The Districts' fiscal year shall end on December 31st. The content of the annual report shall comply with the requirements of Section 32-1-207(3)(c), C.R.S. VITI. [RESERVED] IX. MATERIAL MODIFICATIONS It shall be the responsibility of the Districts to contact the City to seek an interpretation as to whether a questionable proposed action is allowed by this Service Plan. In the event that either District desires to make a modification to this Service Plan, which modification may be material, the District shall submit such proposed modification to the City for determination of whether the modification is material. If the City determines that the proposed modification is material, then the District shall obtain the prior approval of the City before making any material modifications to this Service Plan in accordance with§ 32-1-207, et seq., C.RS., including, by written notice to the City pursuant to Section 32-1-207, C.R.S., of proposed actions which the District believes are permitted by this Service Plan but which may be unclear. Material modifications shall include modifications of a basic or essential nature including, but not limited to, any additions to the types of services initially provided by the Districts or change in debt limit. Approval shall not be required for mechanical modifications to this Service Plan necessary for the execution of the Financial Plan. This Service Plan has been designed with sufficient flexibility to enable the Districts to provide required services and facilities under evolving circumstances without the need for numerous amendments. While the assumptions upon which this Service Plan are generally based are reflective of anticipated zoning for the Development, the cost estimates and Financial Plan are sufficiently flexible to enable the Districts to provide necessary services and facilities without the need to amend this Service Plan as zoning changes. Modification of the services and 20 facilities, and changes in proposed configurations, locations, or dimensions of various facilities and improvements shall be permitted to accommodate development needs consistent with then- current zoning for the property. In the event the Districts, jointly or separately, take any action which constitutes a material modification from this Service Plan without approval from the City, the City may utilize the remedies set forth by statute to enjoin the actions of the District(s). X. CONSOLIDATION Subsequent to the time at which all public improvements authorized herein have been completed and finally accepted by the applicable entity and all permanent financing associated therewith has been issued, the Districts may undertake proceedings necessary to pursue: (1) consolidation in accordance with Section 32-1-601, et seq., C.RS.; or (2) dissolution of District No. 1 and inclusion of such property into the boundaries of District Nos. 2 and 3 in accordance with Sections 32-1-701, et seq. and 32-1-401, et seq., C.RS. XI. RESOLUTION OF APPROVAL The Districts agree to incorporate the City's Resolution of Approval, including any conditions on such approval into the Service Plan presented to the District Court. XII. CONCLUSIONS It is submitted that this Service Plan for Ward TOD Metropolitan District Nos. 1 - 3 has satisfied the required criteria of Section 32-1-203(2) and (2.5). The Districts' responses to the required statutory criteria appear in italics. (a) There is sufficient existing and projected need for organized service in the area to be served by the Districts; At build-out, the Development will consist of residential units and commercial/retail development. There are currently no other entities in existence in the Development which have the ability to undertake the design, financing, construction, operation and maintenance of the improvements designated herein which are needed for the Development. It is also the Proponent's understanding that the City does not consider it feasible or practicable to provide the necessary services and facilities for the Development. The Service Plan complies with these statutory criteria. (b) The existing service in the area to be served by the Districts is inadequate for present and projected needs; 21 :.J ·I i There are currently no other entities in existence in the Devewpment which have the ability or willingness to undertake the design, financing, and construction of capital improvements nor, in the case of streetscape, transportation, storm drainage, or landscaping the operation and maintenance of the improvements designated herein which are needed for the Development. It is also the Proponent's understanding that the City does not consider it feasible or practicable to provide the necessary services and facilities for the Development. The Service Plan will allow District No. 1 to assume responsibilities for the improvements and services designated herein. The Service Plan complies with these statutory criteria. (c) The Districts are capable of providing economical and sufficient service to the area within its boundaries; As shown in Section VI. the Financial Plan, and Exhibit B to this Service Plan, the Districts' projected development can support the Districts' services contemplated herein. As demonstrated herein, District No. 1 can provide these services economically under a single administrative and maintenance umbrella. The Service Plan complies with these statutory criteria. (d) The area included in the Districts does have, and will have, the financial ability to discharge the proposed indebtedness on a reasonable basis; As shown in Section VI, the Financial Plan, and Exhibit B to this Service Plan, the projected assessed value of the District~ development will allow the Districts to discharge proposed indebtedness on a reasonable basis. The Service Plan complies with the statutory criteria. (e) Adequate service is not, and will not be, available to the area through the City, or other existing municipal or quasi-municipal corporations, including existing special districts, within a reasonable time and on a comparable basis; The City will not provide such site-specific improvements or services for the Development. No other existing municipal or quasi-municipal corporations, including existing special districts, intend to provide adequate service to the Development within a reasonable time or on a comparable basis. The scope or improvements and the long-term maintenance of the improvements make District No. 1 the only logical provider of services. The Service Plan complies with the statutory criteria. (f) The facility and service standards of the Districts are compatible with the facility and service standards of the City within which the Districts are to be located and each municipality which is an interested party under Section 32-1-204(1 ), C.R.S.; Based on the types of improvements proposed, the facility and service standards either meet or exceed the facility and service standards of the City. The Service Plan complies with the statutory criteria. 22 :I ·j i (g) The proposal is in substantial compliance with a master plan adopted pursuant to Section 30-28-108, C.R.S.; The Service Plan is in conformance with the City Comprehensive Master Plan for the Development and for the types of improvements anticipated to be constructed, installed and maintained by the District, as contemplated herein. The Service Plan complies with the statutory criteria. (h) The proposal is in compliance with any duly adopted city, county, regional, or state long~range water quality management plan for the area; and All storm drainage, sanitary sewer and i"igation facilities and services will be constructed, operated and maintained in accordance with all local, state and federal water quality rules, regulatiorLY and laws. The Proponent is not aware of any conflict with this statute provision under any duly adopted county, regional, or state long-range water quality management plan for the area. (i) The creation of the Districts will be in the best interests of the area proposed to be served. 'rhe Districts are coextensive with the Development. The Districts are being formed to assist in the fundin& integration and coordination of metropolitan district services and facilities both within and without the boundaries of the Districts. The creation of the Districts will be in the best interests of the future property owners and residents of the Development. The Service Plan complies with these statutory criteria. Therefore, it is requested that the City Council of the City of Wheat Ridge, which has jurisdiction to approve this Service Plan by virtue of Section 32-1-204, et seq ., C.R.S., as amended, adopt a resolution which approves this Service Plan for the Development as submitted. XIII. Exhibit A: Exhibit B: Exhibit C: ExhibitD: LIST OF EXHIBITS Boundary Map and Legal Description of the Districts Financial Plan Construction Costs Maps Depicting Facilities 23 lJ ·i i EXHIBIT A BOUNDARY MAP AND LEGAL DESCRIPTION 24 q ~.· i ~ Fila No.: ss1oo..o7-00444 cao PARCEl A: The South 17 feet ot the West 251 feet of lot 13, Standley Helgh1s, and the West 618.12 feet of Lot 17', Standley Heights Except the Soulh 25 fast thelliof. Except any porUon t1ereof falling within Ward Road, County of Jefflnon, StatB of Colorado. PARCELB: Tbat portfon of Lot 13, Siandley Heights, described as follows: Begklning at a point on the South line of Lot 13, Standley Heights, from which the Southwest comer of said Lot 13 bears South 89-t1.9' Wests dlalance of251. 02 feet: · Thence North 89,1.9' Eustalong the South line of said Lot 13, a distance of257.10 feet to a p¢1t537.97 feet East of the We&t Bne of the Southeast quarter of Section 17, Townsl'l1p 3 South, Range 69"West of the 6th Prin~l Meridian;· . Thence North 0'04.2' West paraOel with 1he West II ne of1he Southeast quarter of said Section 17, a <lstance of17.0faet; Thence South 89,1.9'West a distance of257.10feet; Thence South 0'004.2' East a distance of 17.0 feet to the Point of Beginning, County of Jefferson, stale of Colorado. PARCEL. C: A tract of land located in Lot 17, Stancflcy Halgtrls, ., ' i a Subdivision recor~ed in the Official Records of Jeffe1'80n Counly, COlorado, described as follows: L i .Beglnnlng.aUhe.SOI..dhwasl..Qomarof.salcl.Lol17; _ --·--··· ..... __ -.. ~ ·-· ·--.. ---·-··-··-·--------..! Thenco North O't14.2' Wast along 1he West line of said Lot 17 a distance~ 25.00 feet to a point on the North line of Wast 50th Place as conveyed to Jefferson County by Instruments recorded in Book 987 at Pages 407 and 409 of said Oflicfal Records; Th8008 Norfl 88'59.0' East along the North line of West 5oth Place as recorded In said Book 987 at Page& 407 and 409 a dlsla'lce of 760.12 feet to the True Point of Beginning; Thence Norll 88'59..0' East along the North line of west 50th Place as recorded in said Book 987 at Pages 407 and 409 a a181&nce of2BB.12feetto1he Northeast comer of West 50th Place as recorded In said Book· 9B1at Pages 407 and 409; Thence North 01>3.6'Westalong the East One of said Lol17 a distance of215.60faet; Thence South 8859.0' West parallel to the South II ne of said Lot 17 e distance of 232.87 feet; Thence North 0'03.6' Went para!el to the East line of said Lot 17 a distance of 0.80 feet Thence South 88'59.0' West parallel to the South line of said Lot 17 a distance of 43.00 feet; Thenoe South 0'03.6' East parallel to the Esatllna of said Lot 17 a dlstanoe of 0.80 feat; Thence South 88'59.0' West parana! fD the South nne of said Lot 17 11 distanca of 10.24 feet to a point, said point being North 0'03.6' Wast parallel to the East line of-Lot 17 a distance of215.60 feet from a painton the North l!neofWeat50th Place as recorded In said Book 987 at Pages 407 and 409; Thence South 86'59.0' Wast parallel to 1he South II ne of said lot 17 a dlslance of 60.46 feet; N..TA~ l'ldltiiUII A (l!N7108) ~ ;,:1 l ~ FOe No.: 35100-07-00444 CBD Thence S~uth 0'03.6' East parallel to the East Una of said Lot17 a distance of21.14feat; Thence South 681)9.0. West parallel to the Sou1h Hne of said Lot 17 a distance of91.05feet; Thence North 0'00.6' W86t parallel to the East lfne of said Lot 17 a distance of 196.06 feet 1o a poklt on the North !lne of said Lot 17; Thence South 89"11.-s'Westalong the North One of said Lot 17, a dlstanoe of74.50feet1o a point 518.12 . feet East of the West Kne of said Lot 17. said 518 .12 feel baing a distance measured at right angles to the 'W88tline of said Lot 17; Thence South 00'04.2' East parallel io the Westline of said Lot 17 a dlatance of 389.80 feet to a point on the North line of West 50th Place as recorded In seld Book 987 at Pages 407 and 409; Thence North 88'59.\)' East along the North line of West 60th Place as recorded In aald Book 987 at Pages 407 and 409 a distance of231.93 to the True Point of Beginning. PARCELD: A parcel of land situated In tha West One-Half of Lot 13, Standley Heights, being located In the Soulheast On&-Quarter of section 17, TownshipS Soulh, Range 69 West of the 61h P.M., being more particularly descr1bed as follows : Commencing at the center of said Section 17, Thence South 00"1 8'19" East along the West line of said Southeaa1 one-quarter of Section 17, the basi a of bearing. a distance of 30.00 feet; . Thence North 89'11'2r East and parallel to the North line of the Southeast one-quarter of sald Secllon 17 a distance of 30.00 fast to the Northwest corner of said Lot 13; Thencecon1inuing North 89"11 '.27" East and along 1he North line of said Lot -~3 a distance of 518.12feetto 1ha Northeast corner cf 1he West one--half of said Lot 13 and the Point of Beginning; Thence South 89"1 1'2r West along the North Dne of said Lot 13 a distance of 348.12 feet to a point 170.00 feet East of the Northwest comer of said Lot 13; Thence South mna'19" East parallel to the Westline ofBBid Lot 13toa point 150.00 feet South of the North line of said Lot 13; Thence South 89"i1~7" West parallel to the North line of said Lot 13 a distance of 170.00 feet to a painton the went line ofsaldl.ot 13 and 150.00feet South of the Northwest comer of said Lot13; ThenceSouthOO"'8'1S' East along the West line of said Lot 13 a distance of250,02 feet to the Northwest oomer of a parcel do scribed In Book 1862 at Page 375 of the Clerk and Recordets Office of Jefferson County, said comer being 17.00 faet North of the Sou1hweat corne r of said Lot 13; lhenoe North 89"11~7' East along the North line of said parcel deeaibed In Book 1862 at Page 376 and paralel with the South nne of saki Lot 13 a distance of 250 .00 feet to the Northe88t comer of said parcel _ ·-. -· dasctlbed In BoQk.1662.BtPage 3l5;_ _ •.. _ -· _____ ·-.. _ ... . • ·--·-·· __ ··-_. ___ ... _ ... _ -· _ .. -· _. _____ • ·:.. Thence North 89"11'47' East parallel wllh1ha South line of said Lot 13 a dlstance of0.02 feet to the Northwest oomar of a parcel descnbed at Raoeptlon No. 82047968; Thence North 89"11'47" Ease along the North line of said parcel described at Recept ion Number 82047968 a distance of 256.95 feet to point 17.00 feet North of the South Una of saki Lot 13; Thence South 00"18'19' East pamHel to the Weet line of sald lot 13 a distance of 17 .o feet to the South lin a of said Lot 13 and the Southeast comer of~ pan:el descrlbed a1 Reception Nwnber 82047968 said comer being 557.97 feet East of 1he West I!Jle'of the Southeast ore-quarter; Thence Norih 89"11'47" East along the "South nne of saki Lot 13 a distance of 10.16feet lo1he Southwest comer of the West One-half of Lot 13; Thanc8Nor1h 00"18'24" West along the East line of 1he West one-halfof t.ot 13 a distance of417.07 feet to the Point of Beginnlilg. County of Jefferson, stakt of Colorado. PARCELE: ~~the SouthWest comer of Lot 17, ~ndley Helghls; Sctudlla A (W17106) File No.: 36100.07..00444 CBC Thence North 0~.2' West along the West line of sa ld Lot 17 a clstanoe of 25.00 feet to a point on 1h~ North · lne of West 50th Place as conveyed to Jefferson County by lnsfrumenta recorded In Book 987 at Pages 407 and 409 rA aald onlclal recorda; Thence North 88~9.0' East along fh& Nor1h line of West 50th Place as l"BCCrded In Book 987 at Pages 407 and 409 a dlstllnce of 760.12 feet; Thence North 0'03.6' West parallel to the East Ina of aald Lot 17 a distance of 215.60 fest to the True Point of Beginning: Thence South 86'59.0' West parallel to the South II ne of said Lot 17 a distance of 60A6 feet; Thence South 0'00.6' East para0el1o the East line of aald Lot 17a distance rA 21 .14 feet; Thence South 88Sl.O' Waat parallel to the South line of said Lot 17 a distance of 97.06 feet Thence North 0'03.6' West paraDel to the East 1~ of said Lot 17a distance of 195.06 feat to a pcmt on the North !Ina of said Lot 17; Thence North 89'11 .9' East along the North line of said Lot 17 a dla1snc~:~ of 443.69 feet to the Northeast romer of said Lot 17; Thence SOuth O'U3.6' East along the East line or aald Lot 17 a distance of 5.2.7 feet to a non-iangent point on a curve. said point being a point of curvaturv; Thence Southeastarly along a curve to the right, whose central angle Ia 67'00.3', whose radius Is 270. 64 . foot, and whose chord baars South 57'01.9' East 8 d lstance of 298.66 feet to a point 240.60 feet North of 1he extended South line of said Lot 17; Thence South 86'59.0' West parallel to the South II ne of said lot 1 T a distance of 200.44 feet to a point 50.00 feet Eas1 of the Seat One of said Lot 17; Thence South 0'03.6' East parall&l to the East line of said Lot 17 a distance of 216.60 feat tD a point on 1he extended North line ofWeat 5oth Plaoe aa recorded In said Book 987 at Pages 407 and 409; Thence South 68'59.0 'West along the extended North line of West Mth Place as recorded In Book 987 at Pages 407 and 409 a dl&lance of 50.00 feet to the Northeast comer of West.50fh Place as recorded In Beck 987 at Pages407 and 409 : Thence North 0~3.6' WestalonQ the East ·nne ofaald lot17 a dlstsnceof215.60 feet; Thence South 88'59 .0' West parallel to the Solrlh line of said lot 17 a distance of 232.87 feet; Thence North 0'03 .6' Wast parallel to the East nne of said Lot 17 a distance c1 0.60 feet; Thenoe ~uth 88'59.0' West parallel to the South line of said Lot 17 a distance of 43.00 feet; Thence South om.s; East parallel tD the East line of said Lot 17 8 distance of 0.80 feet; Thence South 88'59.0' West }llnlleJ to the South line d said Lot 17 a distance of 1 0.24 fest to the True Point of Beginning. County of Jeffet110n, Slate of Colorado. Al.TAConmlmtml SdlldiM ... {WI7106) , I . ~ f ·-·-•... -· ··----.-1. tl ·! I EXHIBITB FINANCIAL PLAN 25 !.l ·I j Ward T.O.D. Metropolitan District In the City of Wheat Ridge, Colorado Limited Tax General Obligation Bonds Table of Schedules Assumptions 50 Mil Bond Levy 1 0 Mill Operations Levy 1.00% PIF on Retail Sales Preliminary as of 0312612012 Non Rated Series2015 Series 2018 Combined 1 . Cover Page 2 . Cashflow Schedule ParAmount $10,000,000 $10,000,000 $20,000,000 3 . Public Improvement Fee (PIF} Revenue 4 . Improved Multi-Family Land Valuation 5 . Improved Retail & Commercial Land Valuation 6 . Residential Development Schedule 7 . Retail/ Commercial Development Schedule 8 . Assessed Valuation Summary 9 . FacUities Fee Revenue 10 11 . 12. 13. Series 2015 Debt Service Schedule Sources and Uses of Funds Series 2018 Debt Service Schedule Sources and Uses of Funds George K. Baum Company Project Amount (at Closing) $8,445,000 $8,445,000 $16,890,000 1 Wild TOO (50mlls 7% 2015 2017 PI F) C!Mi~" 3/ZT/2012 7.00% Rate 3/27/2012 wan! T.O.O.. lllettopoltlll Olstllct In the City of Whee Rldlle, Coloreclo 1.1m1t.c1 tax Oeneral Obligation Bon• Sctledule of lionel Levy Cashllows 8clldl.a¥y- llldo of -llalld ~ Collodion Dobt,. Volle loll Taocct Yor AV --Low 98.5~ {I) [2) (3) (4 5) 2012 WA -- 2013 WA - 2014 ::: - 2015 . 2018 ~ . - 2017 S35~ 2,711,(151 50.000 1511,1187 2018 1191 14,801,17& 50.000 733,W 2011 12S'JI 15,1&o,531 !0.000 748,164 2D2D 1:ml 1S,453,54S !0.000 7&1,087 2021 1m 15.453,548 EO.IXIO 701 ,0117 = 11191 15.712,617 !0.000 TI&,3DI 3)23 11191 15,712,617 50.000 178,301 2024 11S91 111,077,ae8 so.ooo 1'81,835 2025 114'11 111,077,8e8 50.000 1'81 ,835 20211 ~~~ 15,381,426 50.000 fl:f/,112 2027 109'11 115,3W,42& 50.000 '1!11(,112 20211 10S91 111,727,415 50.1l00 123,125 2028 103'11 15,727,415 so.ooo I2S,I2S (030 : 17,051 ,1Sl SO.IXIO 140,302 21131 17,0111,163 50.000 140,302 2liS2 ; 17,403,2DZ 50.000 157,1 01 21133 17,403,2DZ 50.000 857,101 21134 : 17,751,21i8 so.ooo 174,2511 2lXl5 17,751,21i8 50.000 174,2511 -: 11,101,282 50.000 11111 ,736 21137 11,101,282 Sll.OOO 11111,735 20311 : 11,418,411 50.000 1011,570 2038 111,411,411 50.000 11011,570 204Q '"' 1e,aJ7,711 50.000 127,7&1 2041 5111 1&.137,788 50.000 127,711 2042 4411 18,214,542 50.000 848,311 2045 : 19,214,542 50.000 048,311 2044 1U88,S32 50.000 985,242 2045 31'11 19,&.18,832 so.ooo 9M.242 2048 : 18,8811,0 50.000 984,547 2047 19,100,809 50.IlOO 884,5(7 204a 12'11 20,310,$25 50.000 1,oo4,238 21.1311,388 ~ItS...~ OplniJng Poll Low tel - . 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.000 10.1l00 10.000 10.000 10.000 10.1l00 10.000 10.000 -PIFR.._.. OIIW-.o RtiiiiSIIol Spoolllc Enngson 1'11>1-tt ~ Ollnorll!lp CUrr&l- TaocO Elvll* PIF TIIIC lllrpilo 118.5~ ForPIF --7~ 1.00~ [11 (8J (V) 10) 11 ---. . 27,31$ 53.m.eoo 5.17,571 11.1i06 151) ua.m ~17& li4U5Z 81.8411 533 141,233 54,11311,12.& 541,3111 62,671 3,S 152,217 55,38S.509 55l,ae5 83,831 3,715 152,217 SS,Ml,l74 !1!11,-404 83,831 2,2114 155.262 5a.41111.m 5&4,8M 53.210 2,'58 155.262 57/)84,778 Slll,141 53.210 2,173 1511,367 57,835,423 571l,354 111,614 2,113 1511,367 58,211,778 582,111 111,514 3,105 161,534 51,N3,1185 557,83i 57,1144 3~ 181,534 51,381,134 5113,111 57,644 3,544 164,765 51,975.653 !19;,757 e8,2D1 3,774 184,765 80,575,401 8015,764 el,201 l ,IISS 1611,080 11,181,1113 511 ,112 7U,SI5 4,221 1ea,oeo 11,1W,I75 817,1130 70,515 4,4/iO 171~22 e2,41o,805 824,101 71 ,8;7 4,~ 171.422 83,t!S5.014 830,3!!0 71,8;7 4,eea 174,850 13,1165,314 11311,164 73,437 5,107 174.150 ~· ISC!,O:al 73,437 5,322 m,w 84,145,031 1148,4SI 74,tcl8 5,531 171,347 65,1114,418 1151,845 74,tcl8 5,715 111,814 11.251l,433 ee2,5DC 711,-404 0,015 111,914 M,l12,137 8 ,1 28 71,-404 1,210 185,552 57,5S2J1/fl 1175,&Z1 77,1132 1,410 115,SS2 eaz;rpr 1112,571 77,1132 o,aoo 111,2153 aa,840,461 ae8,405 78,481 0,781 1111.283 81,828,171 1111.288 78,411 1,111 11S,D48 70,328,170 70S.262 11,GIC 7,180 1113,1)48 71,Q28,431 710.284 81 ,0110 7.381 1811,908 71,739,728 717,YI7 82.702 7.801 111,11011 72/Ei1,1 23 72C,Il'1 12,702 7.111 200,148 73,111,694 731,1 17 14,351 7,885 5,317.274 2.01S,l!81,102 20,156.111 2,2B2.IS6 152, 68 TOIII-Dolltelld~~ Tall! $10,000,000 $10.000,000 F---Sorlos 201 & Solin 2015 Sooioo 2018 Seolet:alte Fae AllllllbltF« Net Cob\ C..,..,lliod Nall>ll>! ~ AMnuo Debt !orvlco -ln1lml SoMco lnllrolt '12) :13! 14 1~) :111 11) -. . ~.000 ~.000 ees,ooo (25!,000) 7&,7M 780,310 724,e50 . 1 ,~1 1,0!ie,SOO -1,50;,114 1114.000 s.ooo (256.000) -1~ ~750 . •.ooo . . 1.538,904 S32,35ll 735,000 1,564,2311 651,300 738,150 - 1,5'10.101 531,850 731,850 - 1,515,864 575,700 742,750 -1,801,839 eii1 ,1 SO 742,500 . 1.828.294 710.000 731,800 -1,134,413 723.200 728,850 . 1,881,322 741,100 728.400 -1,ee7,530 747/!JitJ 730,1100 -1,884.-770,301) msoo . 1,701,327 770!11J 142,600 1.721.257 7911.150 734,450 1,735)114 800.150 741,400 1,7&4,281 830.860 737;!110 1,no.m 131,e50 7o12.150 1,7911,874 831,300 m)!IJ 1,1011.5111 &Z4,DOO m.• 1,1311,.a7 830,300 104,700 1,143,227 644,151) 7VT,'J1JIJ 1.m,m aee,aso m.ooo 1,180,~ aee,eso 765,100 1,111,211111 142,250 780,150 U11S,SG 827,100 711,250 1,141,813 i51,100 771,150 1,151,064 4811,700 1,255,050 Ult,1 57 1,771,250 1,M,541 1,712,200 2,028,214 1,515,4/iO &21,7911 55,4111,7&8 2S,S7UOO (255,00D) 25.1125.460 (255,.000) Toll! Na!Dobt SoMco te --. 430.000 724,MO 1.051,Sl0 1,311,100 1..532,75) 1,387,3!!0 1.317,4/iO 1,31111,100 1,411,4a0 1,W,8!0 1,'42,800 1,448,151) 1,475,500 1,471,3!!0 1,5DC,IIOO 1,S13,100 1,534,XO 1,542,3150 1,557,8e0 1.574,700 1.5111l,851l 1,1103,400 1,835,000 1,841,3150 1,ee8,1150 1,575)SD 1,70S,100 1,7118,150 1,734,150 1,743)SD 1,771,250 1,712,200 1,585,450 .... . -~·~-t.:. . -· ~ ElpiMI [111] --. -- 27,311! 14e.m 141,133 152.217 152..217 153,282 155,282 151,357 151,357 111,534 111,534 184,7&5 184,713 111,080 1ea.oeo 171,422 171,422 174,8SO 174.150 171,347 171,347 181,114 111,914 185,552 115,SS2 1111,283 11111.283 1113,1)48 1113,1)48 188,8011 188,11011 200,148 5.317:04 'flllftiTDO~NM!at?JWt -........ --Qmj- ~ ~ Dolldt Dolldt l2lll 1 --. -. . 15,000 15,000 l8,34e $S,34e 2112,514 S35,1151 40,681 37Ut2 (150,101) 228,411 18,W 216,771 21,524 217~ 24,040 281,342 18,157 310.Iilll 18,122 330,431 23,1151 :154,3110 23.1121 377~18 21.057 381,.QI5 24,415 422.»1 22,1211 445,1111 20,157 416,185 23,518 411,751 21 ,192 51Q.744 21,481 53U41 21,328 553,571 22.117 571.5411 24,1S1 801,418 111,413 1!20,881 111,1Sl 114U54 111,073 aao.OZT 11,122 571,1411 11S,IOS -.osz 19,1138 717,8ee 21,814 739J02 20,253 m,oee 20,117 7&1,015 17,431 7IIIS,40S 242,841 1,()41,442 1,()41,44l 3/2712012 Ward T.O.D. Metropolitan Dletrtct In the City of Wheat Ridge, Colorado Limltad Tax General Obligation Bonds PIF Revenue Retail SQuare Feet DM!opecl Blodt1 Block2 Bloctc 4 Completion Year 2011 2012 2013 2014 2017 2013 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2036 2039 2040 2041 2042 2043 2044 2045 2046 2047 Square Footaae . . . . 55,403 - -. -. '· Sales/Sq. Fl 300 300 300 300 300 300 300 300 300 300 300 300 G!IOI'ge K. Baum Company .. Square Footaae -. -- 103,406 . . -. --. . . ·~ -. Sales/Sq. Square Sales/Sq. Ft Footaoe Ft 300 -300 300 -300 300 -300 300 . 300 300 9,252 300 300 300 300 . 300 300 . 300 300 . 300 300 . 300 300 -300 300 -300 Block 6 Annual Retail Sales Square Sales /Sq . Foataae Ft 80% of SF Stlts Aoor . 300 . . 300 . -300 --300 . 45,929 300 53,757,600 . 300 . . 300 --300 -. 300 . . 300 -. 300 . . 300 -. . . . . . . . . . . . . . . . . . . . . . ~· 53,757,600 wnT00(5CIIilsn120.SJII171'11'1 PF I Cumulative Ruil Sales PFRevenue 111--1.00% --. -. --- 53,757,600 537,576 54,295,176 542,952 54,838,128 548,381 55,386,509 553,865 55,940,374 559,404 56,499,778 564,998 57,064,776 570,6481 57,635,423 576,354 58.211,778 582,118. 58,793,895 587,939 59,381,834 593,318 59,975,553 599,757 60,575,409 605,754 61,181,163 611,812 61,792,975 617,930 62,410,905 624,109 63,035,014 630,350 63,665,364 636,654 64,302,018 643,020 64,945,038 649,450 65,594,488 655,945 66,250,433 662,504 66,912,937 669,129 67 ,582,off7 675,821 68.257,837 682,579 68,940,468 689,405 69,629,871 696,299 70,326,170 703,262 71,029,431 710,29o( 71 ,739,726 717,397 72,457,123 724 ,571 2,015.591,102 20,155,911 --~.C . -· 3 3/Z7f2012 Ward T.O.D. Metropolitan District In the City of Wheat Ridge, Colorado Limited Tax General Obligation Bonds Improved Land Valuation -Residential . ...,... Completion Year 2012 2013 2014 2015 2016 Phase Block 1 Mar1<et Un its Value 135 14,000 0 14,000 - George K. Baum Company Block2 Mar1<et Un its Value 145 14,000 0 14,000 - Block3 Mar1<et Units Value 0 15,400 0 15,400 - Block 6 Lot7 Market Market Units Value Units Value 165 14,000 0 14,000 32 15,400 -- ••• .;..t.;; -- Wild TOO (50nil ls 7%2015 2017 PIF) LotVa11 . . Improved Land Assessed Valuation Valuation 29% - - -- - - 6,230,000 1,806,700 492,800 142,912 4 3/27/2012 Ward T.O.D. Metropolitan District In the City of Wheat Ridge, Colorado Limited Tax General Obligation Bonds Improved Land Valuation -Retail & Commercial Coflllletion Year 2012 2013 2014 2015 Block 1 ·Retai l Square Market Footage Value I SF 65,403 15 .00 . George K. Baum Company Block 2 -Retail Block 4 -Restaurant Square Market Square Market Footage Value I SF Footage Value I SF 103,406 15.00 9,252 15.00 -- Block 6 -Retail Square Market Footage Value I SF 45,929 15.00 - . -·--"-" ... -· Wll'd TOO {50m115 7% 2015 2017 P1F) Let 1Ja12 Improved land Assessed Valuation Valuation 29% -- - - -- 3,359,850 974,357 5 312712012 Ward T .0.0. Metropolitan District In the City of Wheat Ridge, Colorado Limited Tax General Obligation Bonds Residential Development Schedule . . Block1 Completion Assessment Collection Year Year Year Units Value I Unit 2012 2013 2014 -140,000 2013 2014 2015 -140,000 2014 2015 2016 -140,000 2015 2016 2017 -140,000 2016 2017 2018 135 140,000 2017 2018 2019 -140,000 Total Units 135 George K. Baum Company ·-· . .. ·~· .... ·#-... Block2 BlockS Units Value I Unit Units Value I Unit -140,000 -140,000 -140,000 -140,000 -140,000 -140,000 -140,000 -140,000 145 140,000 165 140,000 -140,000 -140,000 145 165 ·Residential Lot7 Development Value Value/ Units Unit -154,000 - -154,000 - -154,000 - -154,000 - -154,000 62,300,000 32 154,000 4,928,000 32 67,228,000 •••. .:..c.:;; • - Ward TOO (50m1Js 7%2015 201iP1F) Ra5 Sold 1 ... · CUmulative Assessed Assessed Value Value 7.96% -- -- ---- 4,959,080 4,959,080 392,269 5,351,349 5,351,349 3/27/2012 Ward T.O.D. Metropolitan District In the City of Wheat Ridge, Colorado Limited Tax General Obligation Bonds Commercial/ Retail Square Footage Developed Block 1 -Retail Block 2 -Retail Completion Assessment Collection l Square Value/ Square Value/ Year Year Year Footage Sa. Ft Footage Sq. Ft 2008 2009 2010 ) -150 150 2009 2010 201 I -150 -150 2010 2011 2012 -150 -150 2011 2012 2013 -150 -150 2012 2013 2014 -150 -150 2013 2014 2015 -150 -150 2014 2015 2016 -150 -150 2015 2016 2017 -150 -150 2016 2017 201 ~ 65,403 150 103,406 150 2017 2018 201 ) -150 -150 2018 2019 2020 ) -150 -150 2019 2020 202 I -150 -150 2020 2021 2022 ~ -150 -150 2021 2022 202 ~ -150 -150 2022 2023 202, ~ -150 -150 2023 2024 202: i -150 -150 George K. Baum Company Block 4 -Restaurant Block 6 -Retail Square Value/ Square Value/ Footage Sq. Ft Footage Sq. Ft -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 9,252 150 45,929 150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 -150 _,.;_t.: . -- 7 WWd mo (SOmllls 7% 2015 2017 PIF) Cormlen:i!l1 Commercial & Retail Development Assessed 1 Value I Value I 29.00% I ' -- -- -- -- -- -- -- -- 33,598,500 9,743,565 -- -- -- -. -- --. . 3127/2012 Ward T.O.D. Metropolitan District In the City of Wheat Ridge, Colorado Limited Tax General Obligation Bonds Asaeued Valuation Summary Multi-Family Completion Auessment Tax Cdlectlon l!lllrowd Multi-family Year Y81r Year MFLand Development 2012 2013 2014 -- 2013 2014 2015 -. 2014 2015 2016 . - 2015 2016 2017 1,806,700 - 2016 2017 2018 (1 ,663 ,788) 4,959,080 2017 2018 2019 (142,912) 392 ,269 2018 2019 2020 . . 2019 2020 2021 - - 2020 2021 2022 - - 2021 2022 2023 . - 2022 2023 2024 -. 2023 2024 2025 -- 2024 2025 2026 - - 2025 2026 2027 -. 2026 2027 2028 -- 2027 2028 2029 . - 2028 2029 2030 . - 2029 2030 2031 . . 2030 203 1 2032 . . 2031 2032 2033 . - 2032 2033 2034 . - 2033 2034 2035 . . 2034 2035 2036 -- 2035 2036 2037 . . 2036 2037 2038 . . 2037 2038 2039 2038 2039 2040 2039 2040 2041 2040 2041 2042 2041 2042 2043 2042 2043 2044 2043 2044 2045 2044 2045 2046 2045 2046 2047 2046 2047 2048 Total . 5,351,349 George K. Baum Company Commercial & Retail Improved Commercial Retail Incremental Land Development Development AV . . . . . . . . . . -. 974,357 . . 2,781,057 (974,357) -9,743 ,565 12,064,501 . --249,357 . . -. . -. -- -. - . . . . . -. - -- -- --- -- ---- ---- -. --. --. . . . . . . . . -. . . . . . . -. . . -- . . . . . . . . - . . . . . . . . . . . ----·-·---9,743 ,565 -__ ,..:.r.::: ---- Wild TOO(!Omll7112015 2017 PI F) ~VSU!rmlry GrowthFmor Cumulative 2.0% Assessed Value . . . . . . -2,781,057 55,621 14,901,178 . 15,150,535 303,011 15,453,546 . 15,453,546 309,071 15,762,617 -15,762,617 315,252 16,077,869 -16,077,869 321,557 16,399 ,426 -16,399,426 327,989 16,727,415 -16,727,415 334 ,548 17,061,963 . 17,061,963 341,239 17,403,202 . 17,403,202 348,064 17,751,266 . 17,751,266 355 ,025 18,106,292 . 18,106,292 362,126 18,468,418 . 18,468,418 369.368 18,837,786 . 18,837,786 376,756 19,214,542 . 19,214,542 384,291 19,598,832 . 19,598 ,832 391,977 19,990 ,809 . 19,990 ,809 399,816 20 ,390 ,625 _5 ,2,!!5,711 8 3127/2012 WW1I T.O.D.IM'Dpolllan Olslrkt ,_1DDl§aiiiii;1113DII»>7r.-, 10 rn.,. Cily ciWIIut Ridgt. Calorlclo "'"-Llniled Tu Genelal Ollligllion Bonds ...,,..,, Slrlls 21115 Oebl SeNice SdleiUe TAX EXEMPT $1o,oao.aoo lnllllll AmJij Clp1Wlzt4 OSRFe.rq. NotAmull l.l v .. ~ .. ln~Smt Pll P&l lnllleat 2.00% P&l ·I OMll/11 350,000.00 350.C00.00 [2li5,QOO.CO) [11,00000) 12A»f11 5,000 7.00 350,000.00 356,000.00 705,100.00 [11,00000) 430,000.00 0Ml1f17 349,125.00 349,825.00 (10,000!JO) 12A»f17 45,000 7.00 349,825.00 394,825.00 744,150.00 [10,000.QO! n4.65).00 116101118 ~,250.00 348,251.00 (1 O,OOO.QOI 121101118 380.000 7.00 ~.250.00 7211,250.00 1,D16,510.00 (10,000!JO) 1,()56,500.00 OMll/18 334,950.00 334,950.00 (10,000.QO! 12Al1118 245,000 7.00 334,1150.00 578,951.00 914,100.00 [10,000!JO) 894,900.00 0Ml1120 ~,:115.00 328,375.00 [10.000.QOI 12.101120 Z20,000 7.00 326,375.00 548,375.00 872,750.00 (10,000.00) 852,7!0.00 0Ml1f21 318,ST5.00 318,$75.00 (10,000 .00) 12Al1f21 15,000 7.00 318,675.00 333,675.00 652,350.00 (10,000.00) 632,350.00 116101122 318,1!10.00 318,150.00 (10,000.QOI 12.101122 35.000 7.00 31&,1!10.00 353,1!10.00 671 ,300.00 (10.000.00) 651,300.00 116101123 316,125.00 316,925.00 (10,000.00) 12.101123 45,000 7.00 318,825.00 36t,925.00 678,150.00 (10,000.00) 658,850.00 116101124 315.350.00 315.350.00 (10.00000) 111V1124 65,000 7.00 315,350.00 380,351.00 695,700.00 (10.000.DO) 615,700.00 OM)t/25 313,075.00 313,075.00 [10,1100.00) 12101125 75,000 7.00 313,o15.00 388,075.110 701,150.00 (10,000.00) 681,1!10.00 0Ml1126 310,45Q.OO 310.450.00 (10,000.00) 12101126 110,000 7.00 310,&00 420,450.110 730,110.00 (10,000 .00) 710,900.00 OMI1127 308,IOD.OO 306,600.00 (10,000.00) 12.101127 130.000 7.00 306,800.00 U1,600.DO 743,200.00 (10,000.00! n3,200.00 OMI1128 302,050.00 302,050.00 (10,DOO.OOJ 12!01128 165,000 7.00 3112,060.00 467,050.00 769,100 .00 {10,000.00) 749,100.00 OMI1129 2911.275.00 298,275.00 (10.000.00) 12101129 175,000 7.00 296,275.00 471,275.00 787,550.00 (10,000.00) 747,550.00 OMI1/JJ 290,1!10.00 290.151.00 [10.1100.00) 12101/JJ 210.0110 7.00 290,1!10.00 500,150.00 790,300.00 (10,000.00) no.JOO.oo OMI1131 282.800.00 282,800.00 (10.000.00) 12101131 225.000 7.00 282.800.00 !107,800.00 790,500.00 (10.000.00) no,ISOO.DO 0Ml11JZ 274,92:5.00 274,825.00 (10,000.00) 12101132 270,000 7.00 274,925.00 544,925.00 819,150.00 (10.000.00) 799,850.00 0Ml1/33 265,475.00 2e5.475.DO (10.000.001 12AI1/33 290,000 7.00 :165,475.00 555,475.00 820,&50.00 (10,000.00) 800,950.00 0001134 255,325.00 255,325.00 (10,000.00) 12101134 34!1.000 7.00 255,325.00 595,325.110 85D,850.00 (10.000.00) 830,850.00 ClM)\135 243,425.00 243.425.00 (10,DOO.DO) tW1I35 365,000 7.00 243,425.00 61111.425.00 851.150.00 [10.000.00) 831,850.00 06o011l6 230,850.00 2:»,850.00 (10,000.00) 12A»Il8 mooo 7.00 2:»,650.00 62),650.00 851.300.00 (10.000.00) 831,300.00 ClM)1137 217,000.00 217,000.00 (10,000.00) 12AI1137 410.000 7.00 217,000.00 627,000.00 844,000.00 (10,000.00) 824,000.00 CM>I/38 202,650.00 202,6!10.00 (10.000.QO) 12AI1/38 445,00!1 7.00 202,650.00 647,651.00 850,300.00 (10,000.00) 830,300.00 CM>If39 187,o15.00 187,075.00 (10,00000) 12AIIf39 490.000 7.00 187,075.00 sn,075.oo 664,150.00 (10,000.QO) 844,151).00 OMit~ 16G,i25.00 169,925.00 (10,00000) 12AI1~ 570,000 7.00 1611,92:5.00 739,925.00 909,150.00 (10.00000) 869.850.00 061D1141 149,975.00 149,975.00 (10.000.()0) 1:11111141 110,000 7.00 149,975.00 759,975.00 909,t50.00 (10,000.()0) aag,gso.oo 0Ml1142 128,625.00 128,625.00 (10,000.()0) 1:11111142 105,1100 7.111 128,625.00 833,625.00 962,2!10.00 (10,000.()0) 842,250.00 0Ml1143 103,950.00 103,9!11.00 (10,000.DO) 1:11111143 74),1100 7.00 103,950.00 843,950..00 947,900.00 (10,000.()0) 927,900.00 061D1f44 78,1)50.00 Ja,OOO.OO (10,000.()0) 1:11111144 820JlOO 7.00 78,()50.00 898,050.00 916.100.00 (IO,OOO.DO) 956,100.00 0Ml1145 49.31i0.00 49,350.00 (IO,OOO.DO) 1:11111145 1.410.000 7.00 49.31i0.00 1,-459,350.00 1,506,700.00 (1,010,000.()0) 466,700.00 10,000,000 15,m,BOO.OO 25,272,600.00 25,272,600.00 (255,000 .00) (I,ISOO,OOO.QO) 23.417,600.00 o..r 12101115 lwrn!Qe Coupon 7.000000 NlC 7.o91687 Sellonft 12101115 l1C 7.193629 MiluogtY'IIIIII 7.000000 lloMY1111 218,180.00 Awrlgelill 21.82 Aoaued lnltreat 0.00 George IC. Baum Ccrr.-.v 312712012 ~ ·I i Ward T.O.D. Metropolitan District In the City of Wheat Ridge, Colorado limited Tax General Obligation Bonds Series 2015 Sources and Uses of Funds SOll"ces Principal Amount of Bond Issue Uses Project Fund Reserve Fund Bond Discount Capitalized Interest Fund Cost of Issuance Contingency George K. Baum Company · $20.00 /$1,000 11 Ward TOO (50mlll& 7% 2015 2017 PI F) Sources/Uses 3127/2012 10,000,000.00 10,000,000.00 8,445,000.00 1,000,000.00 200,000.00 255,000.00 100,000.00 0.00 10,000,000.00 3/27/2012 Wwd T .O.D.IIetropolllln Dlscrlct -TIIO(DID" .. Ot51117Pifl 12 llllhe Clly oiWIIut Rid ... Colorldo O.Wa.nfc.l UmlledTa GellerJI Obllgallon Bonds Sl27120,2 SeriH 21111 Debt Service Selledule TAX EXEMPT $1Q.IIOO,OOO iililleSt AMual caplllllzed D6RF Eanlngs NetAmual u Year ~ Rate tncarost P&l P&l lntaract 2.00" P&l ·! l DIW1/19 350,000.00 350.000.00 (255,000.00) [10,000.00) 12101119 7.00 350,000.00 3$),000.00 700.000.00 [10,000.00) 425,000.00 0Ml1120 350,000.00 3$),000.00 [10,000.00) 12101120 7.00 350,000.00 350.000.00 700.000.00 [10,000.00) 6110,000.00 OMI1121 350,000.00 350,000.00 [10,1100.00) 12.01121 55,000 7.00 350,000.00 405,D00.00 755,000.00 (10,1100.00) 735,000.00 OMI1122 348,075 .00 :J.18,075.00 [10,000.00) 12101122 10,000 7.00 :J.I8,075.00 0,075.00 756,150.00 [10,000.00) 736,150.00 0&'01123 345,975.00 345,975.00 [10,000.00) 12101123 50,000 7.00 345.975 .00 406,975.00 751 ,950.00 [10,000.00) 731,95Q.OO 0&'01/24 343,875.00 343,975.00 (10,000.00) 12101r.l4 75,000 7.00 343,875.00 418,875.00 762,750.00 (10,000.00) 742,750.00 0&'01/25 341,250 .00 341,250.00 [10,000.00) 12101/25 80.000 7.00 341,250 .00 421,250 .00 762.500.00 (10,000.00) 742,500.00 Oli'OI/3i 338,450 .00 338,450.00 (10,000.00) 1210113i 75.000 7.00 338,450 .00 413,450 .00 751,900.00 (10,000.00) 731,900.00 0&'01127 335,825.00 335,825.00 [10,000.00) 12101127 75,000 7.00 335,825.00 410,825.00 746,650.00 (10,000.00) 728,850.00 06101/2e 333,200.00 333,200.00 (10,000.00) 1210VJ8 80,000 7.00 333,200.00 413,200.00 746,400.00 (10,000.00) 726,400.00 0&'01/29 330,400.00 330,400.oo (1 0,000.00) 12101/29 90,000 7.00 330,400.00 420,400.00 750,100.00 (I 0,000.00) 730,800.00 0&'01130 321,250.00 321,2Sl.OO (10,000.00) 12101130 100,000 7.00 3Z1,2SO.OO 427,2!D.OO 754,500.00 (1 0,000.00) 734,500.00 0&'01131 323,750.00 323,750.00 (10,000.00) 12101131 115,000 7.00 323,750.00 438,750.00 762,500.00 (1 0,000.00) 742,500.00 0&101132 319,725.00 319,125.00 (10,000.00) 12101/32 115,000 7.00 319.725.00 434,725.00 754,<460.00 (10,000.00) 734.450.00 08101133 315,700.00 315,700.00 (1 0,000.00) 12101/33 130.000 7.00 315,700.00 445,700.00 76MOO.OO (10,000.00) 741,400.00 0001134 311,150.00 311,150.00 (10,000.00) 12101134 135,000 7.00 311,150.00 <M6,150.00 757 ,300.00 (10,000.00) 737,300.00 0&01/35 301,425.00 301,425.00 (10,000.00) 12101135 150,000 7.00 300,426.00 456,426.00 762,850.00 (10,000.00) 742,850.00 08101136 301,175.00 301,175.00 (10,000.00) 12101136 185,000 7.00 301,175.00 486,175.00 787,350.00 (10,000.00) 767,350.00 06/01137 294,700.00 294,700.00 (10,000.00) 12101137 210,000 7.00 294,700.00 504,700.00 799,400.00 (10,000.00) 779,400.00 0&101136 2f7,350.00 217,360.00 (10,000.00) 12101136 260,000 7.00 287,350.00 537,360.00 824,700.00 (10,000.00) 804,700.00 06i'J1m 271,600.00 278.600.00 (10,000.00) 1:1101139 260.000 7.00 278,1;00.00 538,600.00 817,200.00 (10,000.00) 797,200.00 06/01140 2819,500.00 2819,500.00 (10,000.00) 12101140 260,000 7.00 269,500.00 529,500.00 799 ,000.00 (10,000.00) 779,000.00 0&'01141 280.400.00 260,400.00 (10,000.00) 12101141 285,000 7.00 260,400.00 545,400.00 805,800.00 (I 0,000.00) 785,1m.OO ~2 260,426.00 250,425.00 (10,000.00) 121111/42 280,000 7.00 2511,425.00 530,425.00 780,150.00 (10,000.00) 780.850.00 0&'01/43 240,625.00 240,625.00 (I 0,000.00) 12101/43 320.000 7.00 240,625.00 560,625.00 1101 ,250.00 (10,000.00) 781,250.00 0001144 229,425.00 229,425.00 (10,000.00) 12101/44 340,000 7.DO 229,425.00 569,425.00 798,850.DO (10,1100.00) 776,850.00 0&01145 217,525.00 217,625.00 (10,000.00) 12l01/45 840,000 7.00 217,5.25.00 1,057,525.00 1,275,050.00 (1 0,000.00) 1,26S,OSO.OO 0&'01/46 188,125.00 188,125.00 (10.000.00) 12101146 1,415,000 7.00 186,125.00 1,603,125.00 1,791.250.00 (10,000.00) 1,771,250.00 ~7 1311,600.00 138.600.00 (1 0,000.00) 12Jl11.117 1,525,000 7.00 1311,EOO.OO 1,663,600.00 1,802.200.DO (10.000.00) 1,782,200.00 0&'011411 115,225.00 15,225.00 (10,000.00) 12J111/41 2.435.000 7.00 115.225.00 2,520,225.00 2.805.~50.00 (1.010,000.00) 1,565,450.00 10,000,000 17,425,450.DO 27 ,425.~50.00 27,425,450.00 (255,000.00) (1 .600,000.00) 25,570,450.00 Deled 12101/18 Average Cotpon 7.000000 NIC 7.080342 SetiBmenl 12.91118 TIC 7.171!808 Alblnge Yiekl 7.000000 Bond Yen 248,935.00 lwtnl;ze lJfe 24.89 Accnled InVest D.OO George ll Bun CanplnJ 312712012 Ward T.O.D. Metropolitan District In the City of Wheat Ridge, Colorado Umited Tax General Obligation Bonds Series 2018 ' ~ Sources and Uses of Funds I Sources Principal Amount of Bond Issue Uses Project Fund Reserve Fund Bond Discount Capitalized Interest Fund Cost of Issuance Contingency George K. Baum Company $20.00 /$1,000 13 Ward TOO (50mllls 7%2015 2017 PIF) SourcesiUslttl 2 312712012 10,000,000.00 10,000,000.00 8,445,000 .00 1 ,000,000.00 200,000.00 255,000.00 100,000.00 0.00 10,000,000.00 3/27/2012 :J ·I ; EXHIBITC PUBLIC IMPROVEMENT CONSTRUCTION COSTS 26 :.J ·I i Cost Estimate Engineer's Estimate of Probable Cost Grading and Erosion Control Streets Water Sanitarty Sewer Storm Sewer Parking Structure Sub Total Cost for WARD TOO 312712012 $ $ $ $ $ $ $ Permitting Fees (not including taps or building permits} $ Architecture and El}Qineering (5%) $ Survey and Testing (4%) $ GC Overhead and Profrt (5%) $ Bonding (2%) $ Contingency (15%) $ TOT;AL CONCEPTUAL COST $ 518 587 1,752,046 226 500 95,000 587 500 12,168,000 15,347,632 153 476 767,382 613,905 767 382 306 953 2,302,145 20,258,874 :J ·I i G dl & E C ra ng roson ontro Description Clearing and Grubbing Stockpile Site Demo Earthwork (assume 2-ft over 20 acres) Erosion Control Cost Estimate Engineer's Estimate of Probable Cost Unit SY CY LS CY LS for Ward TOO 3127/2012 Quantity 96,800 $ 20000 $ 1 $ 64,533 $ 1 $ Unit Cost 0 .15 1.25 150,000.00 2.00 50 000.00 Sub Total Grading & Erosion Control Amount $ 14,520 $ 25000 $ 150,000 $ 129 067 $ 50000 $ 368,587 Cost Estimate Engineer's Estimate of Probable Cost Public Improvements Streets Ward Road for Ward TOO 3/27/2012 Improvement length (12' width)= LF 850 Description Unit Quantity Full-Depth Asphalt (Assumed Depth 9''} SY-IN 1133 6-in Type liB Ctrb and Gutter LF 850 5-ft Detached Sidewalk (6-inch) SF 4250 Utility relocation LF 850 Street lights EA 3 9-foot tree lawn SF 7650 Signalized Intersection EA 1 Monument Sign EA 1 52nd Avenue Improvement length (12' width)= LF 450 Description Unit Quantity Full-Depth Asphalt (Assumed Depth 9'') SY-IN 600 6-in Type liB Curb and Gutter LF 450 5-ft Detached Sidewalk (6-inch) SF 2250 Utility relocation LF 450 Street Lights EA 2 9-foot tree lawn SF 4050 51ttAvenue Street length w/1 side parking (40' width)= LF 620 Street length w/2 side parking (50 ' width);;; LF 420 Description Unit Quantl_t}' Full-Depth Asphalt (Assumed Depth 9") SY-IN 4627 6-in Type II B Curb and Gutter LF 2080 5-ft Detached Sidewalk (6-inch) SF 7300 Utility relocation LF 500 Street Lights ' EA 4 9-foot tree lawn SF 13140 Unit Cost $ 31.50 $ 13 .00 $ 4 .00 $ 50.00 $ 3,000.00 $ 3.00 $ 200,000.00 $ 200,000.00 Sub Total Ward Road Unit Cost $ 31.50 $ 13 .00 $ 4.00 $ 25.00 $ "3 000.00 $ 3.00 Sub Total52nd Avenue Unit Cost $ 31.50 $ 13.00 $ 4.00 $ 25.00 $ 3,000.00 $ 3.00 Sub Total 51st Avenue Amount $ 35 700 $ 11,050 $ 17,000 $ 42,500 $ 9,000 $ 22,950 $ 200,000 $ 200,000 $ 538,200 Amount $ 18,900 $ 5,850 $ 9,000 $ 11,250 $ 6000 $ 12,150 $ 63,150 Amount $ 145,751 $ 27,040 $ 29,200 $ 12,500 $ 12,000 $ 39,420 $ 265,911 50th Avenue Improvement length (12' width)= LF 1050 Description Unit Quantity Unit Coat Amount Full-Depth Asphalt (Assumed Depth 9") SY-IN 1400 $ 31.50 $ 44,100 6-in Ty~ JIB Curb and Gutter LF 1050 $ 13.00 $ 13 650 Utility relocation LF 1050 $ 25 .00 $ 26250 Street Lights EA 4 $ 3,000.00 $ 12,000 IK 1 u 1 ransportat1on tnnancements 1 monument sign LS 1 $ 200,000 .00 $ 200,000 Sub Total 60th Avenue $ 296,000 A Street Street length with parking (50' width)= LF 850 Description Unit Quantity Unit Cost Amount Full-Depth Asphalt (Assumed Depth 9'1 SY-IN 4345 $ 31 .50 $ 136,868 6-in Type liB Curb and Gutter LF 1700 $ 13 .00 $ 22,100 5-ft Detached Sidewalk (6-inch) SF 8500 $ 4.00 $ 34,000 Utility relocation LF 500 $ 25 .00 $ 12 500 Street Lights EA 3 $ 3 000.00 $ 9,000 9-foot tree lawn SF 15300 $ 3.00 $ 45,900 Sub Total A Street $ 260,368 B Street Street length with parking (50' width)= LF 400 Description Unit Quantity Unit Cost Amount Full-Depth Asphalt (Assumed Depth 9") SY-IN 2046 $ 31.50 $ 64,418 6-in Type liB Curb and Gutter LF 800 $ 13.00 $ 10,400 5-ft Detached Sidewalk (6-inch) SF 4000 $ 4 .00 $ 16,000 Utility relocation LF 400 $ 25.00 $ 10,000 Street Ughts EA 2 $ 3,000 .00 $ 6 000 9-foot tree lawn SF 7200 $ 3.00 $ 21,600 Sub Total B Street $ 128,418 Sub Total for Streetsl $ 1,752,046 I :.J ·I i ' Public Improvements Water System Description 12-inch PVC Tie Into Existing System Fire HYdrant Assembly Cost Estimate Englnee(s Estimate of Probable Cost Unit LF EA EA for Ward TOO 3/27/2012 Quantity 2300 $ 3 $ 10 $ Unit Cost 75.00 3,000.00 4 500.00 lsubtotal Water System I Amount $ 172 500 $ 9,000 $ 45,000 22s,soo I :J ·! I Public Improvement& Sanitary Sewer System Description 8-inch PVC Sanitary Manhole Cost Estimate Engineer's Estimate of Probable Cost Unit LF for Ward TOO 3/27/2012 Quantity 1200 $ Unit Cost 70.00 EA 5 $ 2,200.00 $ $ jSubtotal Sanitary Sewer I $ Amount 84,000 11 000 ss,ooo I 1 i Public Improvements S SewerS torm iystem Description Storm Sewer Piplllj:J ST Manholes ST Inlets Underground Detention Cost Estimate Engineer's Estimate of Probable Cost Unit LF EA EA EA for Ward TOO 3/27/2012 Quantity 3200 $ 13 "$ 14 $ 1 $ UnitCo&t 100 .00 2,500.00 2,500 .00 200,000.00 $ $ $ $ lsubtotal Storm Sewer I $ Amount 320 000 32,500 35 000 200 ,000 5a7,5oo I r.J ·1 ; EXBIBITD PUBLIC INFRASTRUCTURE MAPS 27 Council Action Form April 09 , 2012 Page2 . , On March 23 , 2012 , 17 bids were received. Fourteen bids satisfied the initial bid requirements , and ten bids came in below the budgeted amount. One bidder declined to bid as they were unable to provide a complete bid , six others exceeded the advertised budget. The apparent low bidder, Howard Technology Solutions, did not meet the technical requirements of the solicitation per the IT evaluation team. Therefore, IT evaluators recommend award to the lowest bidder to satisfy the technical requirements of the solicitation, JPK Micro Supply, Inc. in the amount of$47,640 . The JPK Micro Supply, Inc. bid does provide cost saving of $7 ,360 from the advertised budget. Award is based on the lowest most responsive and responsible bid. RECOMMENDATIONS: Staff recommends purchase of60 computers , based on the five-year rotation schedule, from JPK Micro Supply, Inc., City oflndustry, CA , in the total amount of $47 ,640. RECOMMENDED MOTION: "I move to approve payment to JPK Micro Supply, Inc., City of Industry, CA , in the amount of $47 ,640 for the replacement of 60 desktop computers ." Or, "I mo ve to deny payment to JPK Micro Supply, Inc., City of Industry, CA , in the amount of $47 ,640 for the replacement of 60 desktop computers for the following reason(s) " REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Wil Smith, IT Senior Support Tech Jennifer Nellis , Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet ~ ~., -_ r City of • ?\V'lieat:Ri_dge Attachment 1 PROJECT: RFB-12-12 2012 COMPUTER REQUIREMENTS REQUESTED BY: MICHAEL STEINKE, IT DUE DATE/TIME: FRIDAY, MARCH 23, 2012, BY 2 P.M. LOCAL TIME OPENED BY: JENNIFER NELLIS, PURCHASING AGENT WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN VENDOR Aprisa Technology, LLC Bay Pointe Services BC Office Solutions LOCATION Roslyn, NY Richfield, OH Centennial, CO BIDDER INFORMATION FORM YES YES YES ACCEPTS VISA WITHOUT FEE YES YES NO ACKNOWLEDGEMENT OF ADDENDA YES YES YES DETAIL OF WARRANTIES YES YES YES PRICING: QTY UNIT PRICE TOTAL QTY UNIT PRICE TOTAL QTY UNIT PRICE TOTAL MICROSOFT WINDOWS 7 PROFESSIONAL OEM LICENSES : 60 $ 130.00 $ 7,800.00 60 $ 138.00 $ 8,280.00 60 $ - COMPUTER SYSTEMS , AS SPECIFIED IN BID DOCUMENTS : 60 $ 748.00 $ 44,880.00 60 $ 1,047.00 $ 62,820.00 60 $ 1,006.00 $ 60,360.00 DELIVERY, SHIPPING , HANDLING , IF APPLICABLE : included included included system quoted TOTAL DELIVERED PRICE: $ 52,680.00 $ 71,100.00 includes licenses $ 60,360.00 Alternates Proposed? YES NO YES: EM013 Case VENDOR BOLDdata Technology, Inc . Ceres Technology Group CDW Government LLC LOCATION Freemont, CA Boulder, CO Shelton, CT ! BIDDER INFORMATION FORM YES YES DECLINED BID ACCEPTS VISA WITHOUT FEE YES NO ACKNOWLEDGEMENT OF ADDENDA YES YES DETAIL OF WARRANTIES YES YES PRICING: QTY UNIT PRICE TOTAL QTY UNIT PRICE TOTAL QTY UNIT PRICE TOTAL MICROSOFT WINDOWS 7 PROFESSIONAL OEM LICENSES : 60 $ 233.00 $ 13,980.00 60 $ 155.91 $ 9,354.60 60 $ - COMPUTER SYSTEMS , AS SPECIFIED IN BID DOCUMENTS : 60 $ 896.00 $ 53,760.00 60 $ 763.98 $ 45,838.80 60 $ - DELIVERY , SHIPPING , HANDLING , IF APPLICABLE : $ 1,500.00 included TOTAL DELIVERED PRICE : $ 69,240.00 $ 55,193.40 $ - Alternates Proposed? YES: EM013 Case Require s purcha se of 3-year warranty: $163 .83 ea . --------------- ----------------------- ------ Page 1 of 3 PROJECT: RFB-12-12 2012 COMPUTER REQUIREMENTS DUE DATE/TIME: FRIDAY, MARCH 23, 2012, BY 2 P.M. LOCAL TIME VENDOR Dell Marketing LP LOCATION Round Rock, TX BIDDER INFORMATION FORM YES ACCEPTS VISA WITHOUT FEE YES ACKNOWLEDGEMENT OF ADDENDA NO DETAIL OF WARRANTIES YES PRICING: QTY UNIT PRICE TOTAL QTY MICROSOFT WINDOWS 7 PROFESSIONAL OEM LICENSES : 60 $ -60 COMPUTER SYSTEMS , AS SPECIFIED IN BID DOCUMENTS : 60 $ 916.00 $ 54,960.00 60 DELIVERY , SHIPPING, HANDLING, IF APPLICABLE : included system quoted TOTAL DELIVERED PRICE: includes license s $ 54,960.00 Alternates Proposed? POSSIBLY VENDOR Howard Technology Solutions LOCATION Ellisville, MS BIDDER INFORMATION FORM YES ACCEPTS VISA WITHOUT FEE YES ACKNOWLEDGEMENT OF ADDENDA YES DETAIL OF WARRANTIES PRICING: QTY UNIT PRICE TOTAl QTY MICROSOFT WINDOWS 7 PROFESSIONAL OEM LICENSES: 60 $ 146.00 $ 8,760.00 60 COMPUTER SYSTEMS, AS SPECIFIED IN BID DOCUMENTS : 60 $ 618.13 $ 37,088.00 60 DELIVERY , SHIPPING , HANDLING , IF APPLICABLE : included TOTAL DELIVERED PRICE: $ 45,848.00 Alternates Proposed? POSSIBLY Page 2of3 REQUESTED BY: MICHAEL STEINKE, IT OPENED BY: JENNIFER NELLIS, PURCHASING AGENT WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN DHE Computer Systems En Pointe Technologies Centennial, CO Gardenia, CA YES YES YES NO YES YES YES YES UNIT PRICE TOTAl QTY UNIT PRICE TOTAL $ 145.00 $ 8,700.00 60 $ - $ 769.00 $ 46,140.00 60 $ 1,020.07 $ 61,204.20 $ 120.00 included sy stem quoted $ 54,960.00 includes licenses $ 61,204.20 YES YES JPK Micro Supply, Inc. NLE Systems City of Industry, CA Glendale, CA . ' YES YES NO NO YES YES YES YES UNIT PRICE TOTAL QTY UNIT PRICE TOTAL $ 135.00 $ 8,100.00 60 $ 139.92 $ 8,395.20 $ 659.00 $ 39,540.00 60 $ 711.79 $ 42,707.40 included included $ 47,640.00 $ 51,102.60 NO YES : EM013 Case I I I I I PROJECT: RFB-12-12 2012 COMPUTER REQUIREMENTS DUE DATE/TIME: FRIDAY, MARCH 23, 2012, BY 2 P.M. LOCAL TIME VENDOR ProTech Computer Systems, Inc. LOCATION Denver, CO BIDDER INFORMATION FORM YES ACCEPTS VISA WITHOUT FEE NO ACKNOWLEDGEMENT OF ADDENDA YES DETAIL OF WARRANTIES YES PRICING: QTY UNIT PRICE TOTAL MICROSOFT WINDOWS 7 PROFESSIONAL OEM LICENSES: 60 $ 139.00 $ 8,340.00 COMPUTER SYSTEMS, AS SPECIFIED IN BID DOCUMENTS : 60 $ 769.00 $ 46,140.00 DELIVERY , SHIPPING , HANDLING , IF APPLICABLE : included TOTAL DELIVERED PRICE: $ 54,480.00 Alternates Proposed? YES: EM013 Case VENDOR Sledtech, Inc. LOCATION Boise, ID BIDDER INFORMATION FORM YES ACCEPTS VISA WITHOUT FEE NO ACKNOWLEDGEMENT OF ADDENDA YES DETAIL OF WARRANTIES YES PRICING: QTY UNIT PRICE TOTAL MICROSOFT WINDOWS 7 PROFESSIONAL OEM LICENSES : 60 $ 133.00 $ 7,980.00 COMPUTER SYSTEMS, AS SPECIFIED IN BID DOCUMENTS : 60 $ 687.42 $ 41,245.20 DELIVERY, SHIPPING , HANDLING, IF APPLICABLE : included TOTAL DELIVERED PRICE: $ 49,225.20 Alternates Proposed? YES: EA013 Case Page 3 of3 QTY 60 60 REQUESTED BY: MICHAEL STEINKE, IT OPENED BY: JENNIFER NELLIS, PURCHASING AGENT WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN OM Office Supply, Inc. SAl Computers Mechanicsburg, PA Greenville, NC .. YES YES NO NO NO YES YES YES UNIT PRICE TOTAL QTY UNIT PRICE TOTAL $ -60 $ - $ 920.00 $ 55,200.00 60 $ 854.24 $ 51,254.40 included included system quoted system quoted includes licenses $ 55,200.00 includes licenses $ 51,254.40 YES: system alternate proposed YES : system alternate proposed TPW Corporation Anaheim, CA . " YES YES Acknowledged 1 but not 2 NO QTY UNIT PRICE TOTAL QTY UNIT PRICE TOTAL 60 $ 95.00 $ 5,700.00 60 $ - 60 $ 791.00 $ 47,460.00 60 $ - included $ 53,160.00 $ - NO Council Action Form: Annual Police Radio System April 9 , 201 2 Page2 . t. RECOMMENDED MOTION: "I move to approve the annual radio contract payment to the West Metro Fire Protection District in the amount of$97,683.75 from account # 01-204-700-704 for radio system services." Or, "I move to deny approval for the annual radio contract payment to the West Metro Fire Protection District in the amount of $97 ,683.75 from account # 01-204-700-704 for radio system services for the following reason(s) " REPORT PREPARED BY; Daniel Brennan, Chief of Police ATTACHMENTS; 1. Copy of invoices for 2012 Contract Services \A~ ... ~ ~ ., City of • JP'"WheatR.i_dge ITEM NO:~ DATE: April 9, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 19-2012 - A RESOLUTION AMENDING THE FISCAL YEAR 2011 BUDGET TO REFLECT THE APPROVAL OF INCREASED REVENUE IN THE OPEN SPACE AND RICHARDS HART ESTATE FUNDS 0 PUBLIC HEARING D BIDS/MOTIONS [8J RESOLUTIONS QUASI-JUDICIAL : D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES Ad~ctor ISSUE: The Open Space and Richards Hart Estate Funds both received additional revenue from what was projected in the 2011 City Budget adopted by City Council. The City's independent auditor, Swanhorst and Company, LLC , has recommended that non-budgeted revenue be approved by City Council. PRIOR ACTION: No prior action was taken on this item. FINANCIAL IMPACT: There is no financial impact to approval of this resolution. BACKGROUND: In preparation for the 2011 City Audit in April , the City 's independent auditor, Swanhorst and Company, LLC , has recommended that non-budgeted revenue be approved by City Council. The City typically approves non-budgeted expenditures in the form of a supplemental budget appropriation ; however, these expenditures are sometimes linked to increased revenue received by the City in the fonn of a grant, etc. Inclusion of approval of increased revenue with supplemental budget appropriations , when appropriate, will help address the "Supplemental Council Action Fonn April9,2012 Page 2 ... Budgets" item identified in the 2010 Audit Letter. The auditor's recommendation included, "We recommend future resolutions document whether unexpected revenues or fund balance become available for the additional expenditures, or whether the original fund balance will be used." Open Space Fund The revenue adjustment in the Open Space Fund is the result of a grant reimbursement received in 2011 for the Bass Lake project. Richards Hart Estate Fund City Council approved the closure of the Richards Hart Estate Fund in October of2011, based on 20 l 0 audit recommendations. However, City Council approval is needed on the increased revenue received from rentals of the Estate in 2011. RECOMMENDATIONS: Staff recommends approval of Resolution 19-2012 in order to be in compliance with the City Auditor's recommendations prior to the 2011 City Audit. RECOMMENDED MOTION: "I move to approve Resolution 19-2012, a Resolution Amending the Fiscal Year 2011 Budget to reflect the approval of increased revenue in the Open Space and Richards Hart Estate Funds." Or, "I move to deny approval of Resolution 19-2012 , a Re solution Amending the Fiscal Year 2011 Budget to reflect the approval of increased revenue in the Open Space and Richards Hart Estate Funds for the following reason(s) " REPORT PREPARED BY: Heather Geyer, Administrative Services Director/PIO Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 19-2012 2 . 2011 Fiscal Year Breakdown of Open Space Fund and Richards Hart Estate Fund TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2012 A RESOLUTION AMENDING THE FISCAL YEAR 2011 BUDGET TO REFLECT THE APPROVAL OF INCREASED REVENUE IN THE OPEN SPACE AND RICHARDS HART ESTATE FUNDS WHEREAS, the City's independent auditor has recommended that the City Council provide approval of an increase in revenue in City funds when the City receives non-budgeted revenue through a grant or when the year-end revenue total in a fund is higher than the Council approved budget amount; and WHEREAS, in order to meet this auditor recommendation, this resolution provides for approval of increased revenue for certain funds in the 2011 Fiscal Year; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. For Fiscal Year 2011 as shown in the attached spreadsheet, the City of Wheat Ridge Open Space Budget be amended accordingly, to reflect increased revenue over the budgeted amount by $120,622 from grants, interest and other revenue sources for the 2011 fiscal year. The Council adopted Open Space Fund budgeted revenue amount was $1,189,432 . The revised revenue amount is $1,310,054 with an ending fund balance of $61,513. B . For Fiscal Year 2011 as shown in the attached spreadsheet, the City of Wheat Ridge Richards Hart Estate Fund was closed by City Council in 2011 and remaining funds were transferred to the General Fund at year end. Increased revenue in the amount of $5 ,574 was received from rentals and interest. The Council adopted Richards Hart Estate Fund budgeted revenue amount was $22,440. The revised revenue amount is $28,014 with a total of $55 ,775 transferred to the General Fund. DONE AND RESOLVED this gth day of April2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 ,. .. .. Dl n :r 3 CD :I .. N Beginning Fund Balance Revenues-Grants Revenues -Interest Revenues-Other Total Revenues Total Expenditures Transfers Out Net Change in Fund Balance Ending_Fund Ba~!!_CE!_ Open Space Fund Original Budget $ 358,283.00 $ 1,186,932.00 $ 2,500.00 $ - $ 1,189,432.00 $ 1,759,815.00 $ - $ (570,383.00) $ (212,100.00) 2011 Fiscal Year Open Space Richards Hart Richards Hart Fund Revised Fund Original Fund Revised Budget Budget Budget $ 511,274.00 $ 35,420.00 $ 55,254.00 $ 1,304,554.00 $ -$ - $ 2,500.00 $ 440.00 $ 453.00 $ 3,000.00 $ 22,000.00 $ 27,561.00 $ 1,310,054.00 $ 22,440.00 $ 28,014.00 $ 1,759,815 .00 $ 28,500.00 $ 27,493.00 $ -$ 55,774.00 $ 55,775.00 $ (449,761.00} $ {61,834.00} $ (55,254.00) $ 61,513 .00 $ {26,414.00) $ - Council Act ion Form April 9, 2 01 2 Page2 r RECOMMENDATIONS: None RECOMMENDED MOTION: No action is recommended at this time. REPORT PREPARED BY: Patrick Goff, City Manager Janice Smothers , Admin. Assistant to the Mayor and City Council ATTACHMENTS: 1. Rules of Order and Procedure TABLE OF CONTENTS AUTHORITY ............................................................................................................ 3 GENERAL RULES ................................................................................................... 3-4 ABSENCE FROM MEETINGS ............................................................................. 3 RIGHT OF FLOOR ........................................................................................... 3 ELECTED OFFICIALS' MATTERS ....................................................................... 4 CITY ATTORNEY ............................................................................................ 4 CITY CLERK .................................................................................................. 4 PARLIAMENTARIAN ........................................................................................ 4 TYPES OF MEETINGS ............................................................................................ 4-6 MEETINGS .................................................................................................... 4 ADJOURNED MEETINGS .................................................................................. 5 EXECUTIVE SESSIONS ................................................................................... 5 INFORMAL MEETINGS ................................................................................. 5-6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS ................................................................................................ 6 CHAIR, MAYOR PROTEM AND THEIR DUTIES ........................................................... 6-7 CHAIR .......................................................................................................... 6 MAYOR PRO TEM ........................................................................................ 6-7 PRESERVATION OF ORDER ............................................................................. 7 POINT OF ORDER .......................................................................................... 7 ORDER OF BUSINESS AND THE AGENDA ............................................................... 8-11 ORDER OF BUSINESS ..................................................................................... 8 AGENDA .................................................................................................... S-9 AGENDA ITEMS ........................................................................................ 9-10 PUBLIC HEARINGS ....................................................................................... 10 ORDINANCES ON FIRST READING ................................................................. 10 TIME OF ADJOURNMENT ............................................................................... 10 ORDINANCES, RESOLUTIONS, AND MOTIONS ................................................. 11 RECONDIDERATION ................................................................................ 11 CITY ATTORNEY TO APPROVE ................................................................... 11 CITIZENS' RIGHTS ............................................................................................ 11-12 CITIZENS' RIGHT TO SPEAK .................................................................... 11-12 CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS ............................................. 12 WRITTEN COMMUNICATIONS ........................................................................ 12 SUSPENSION AND AMENDMENT OF THESE RULES ..................................................... 12 SUSPENSION OF RULES ............................................................................... 12 AMENDMENT OF RULES ................................................................................ 12 REVIEW ...................................................................................................... 12 APPROPRIATIONS .................................................................................................. 13 2 RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO AUTHORITY: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner provided by these rules. GENERAL RULES A. ABSENCE FROM MEETINGS: In the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting why said Council Member is absent. B. RIGHT OF THE FLOOR: 1. The presiding officer must first recognize each Council Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question. 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the agenda item. 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. 4 . Each Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item. Answers to questions will be included in the time and the time will not be cumulative. Before a vote, each Council Member shall have an additional three (3) minute period to make a summation. 5. No Council Member shall be allowed to speak more than once upon any one agenda item until every other member choosing to speak thereon shall have spoken. 6. Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted. 7. In the event of an amendment, the maker of the amendment shall have one (1) three (3) minute period to make the amendment and speak to the amendment. All other members of Council shall have one (1) two (2) minute period to speak to the amendment. 3 C. ELECTED OFFICIALS' MATTERS: This is the time that elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes. D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. CITY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. F. PARLIAMENTARIAN: 1. The Mayor ProTem shall also function as the Council Parliamentarian. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. TYPES OF MEETINGS A. MEETINGS: 1. The Council meets in the Municipal Building for Business, Study, Adjourned, and Special Meetings, unless otherwise specified. 2. Council Business Meetings are held the second (2 nd) and fourth (4th ) Monday of each month at 7:00 PM unless otherwise specified. 3. Study Sessions are the first (1 st ) and third (3 rd) Monday of each month at 6:30 p.m., unless otherwise specified. 4. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, and unless the issue is disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session. a) Public Testimony will not be allowed at Study Sessions unless waived by City Council. Public comment will be allowed at 4 the beginning of a Study Session for only those items on the agenda and each speaker is limited to a maximum of three (3) minutes. B. ADJOURNED MEETINGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business Meeting. C. EXECUTIVE SESSIONS: 1. The Council may meet in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter-Sec 5. 7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. D. INFORMAL MEETINGS: 1. Five (5) or more members of Council may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk, at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the Meeting. 2. Any THREE or FOUR Council Members may attend informal meetings held for the purpose of acquiring information and discussing topics. SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE TAKEN. 5 3. Meetings involving no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule. 4. In no event, shall any vote or other action or decision be taken. This Rule (D) ( 4) shall not apply to standing Council Committees. 5. All Meetings shall be open to members of the public and the press. E. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitations, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with whom the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule E. CHAIR, MAYOR PROTEM AND THEIR DUTIES A. CHAIR: 1. The Mayor shall preside over the meetings of the Council. 2. In the absence of the Mayor, the Mayor ProTem shall preside. B. MAYOR PRO TEM 1. At the first or second business meeting in November of each year, the Council shall nominate and elect by motion upon a majority vote, a Mayor ProTem who shall serve until their successor is elected. The procedure shall be as follows: 6 • The presiding officer will announce that the floor is open for nominations for the position of Mayor Pro Tern. • Nominations will be taken from City Council Members by voice. No second is needed. • Each nominee will have the opportunity to address the Council. The order of address and length of time may be determined in advance by the Council. • Each Council member will mark the paper ballot (provided by the City Clerk in their agenda packet) with the name of the nominee they wish to vote for and fold the paper in half to ensure secrecy. • The City Clerk will collect the ballots, tally the results, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter. • In the event of a tie, the Mayor will cast a paper ballot, to be delivered to the City Clerk for inclusion into the election tally. • A Motion and second is then in order to elect, by acclamation, the highest vote getter to the position of Mayor Pro Tern. The Council is encouraged to confirm the nomination unanimously; however, Council Members are not required to vote for this person. If the motion is not carried, additional motions are in order until a Mayor Pro Tern is elected by a majority of Council. 2. If presiding, the Mayor Pro Tern shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tern's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings. The Mayor Pro Tern shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council Members. 4. The Mayor Pro Tern shall arrange for, and coordinate the orientation of all newly elected officials within two months after the election. C. PRESERVATION OF ORDER: The Chair shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minority opinion may be expressed and that the majority be allowed to rule. D. POINT OF ORDER: The Chair shall determine all Points of Order, subject to the rights of any Council Member to appeal to the Council. 7 ORDER OF BUSINESS AND THE AGENDA A. ORDER OF BUSINESS The general rule as to the Order of Business in regular Council Business Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK • APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • COMMITTEE REPORTS • CITY MANAGER'S MATTERS • CITY ATTORNEY'S MATTERS • ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda". 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00p.m. on the THURSDAY prior to the Monday of Council Meetings. In the event of a holiday, the 8 material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda Items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 p.m. on that day in order to be included in the Council packet. 5. A majority of Council Members present is required to direct the City Attorney or staff to draft an ordinance to be included on the agenda. 6. If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 7. A majority vote of City Council Members present may also add or delete an item from the agenda at the beginning of the Council Meeting. In Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option of introducing Agenda Items at a Council Meetings shall go to a representative of the Council District to which the Agenda Item pertains. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 9. Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments required to finance expenditures. The note shall be known as a "fiscal note". C. AGENDAITEMS Council Members or the Mayor may originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 9 1. Standing Council committees may place items on Council Agendas for further action or discussion. 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 3. During a City Council Business Meeting, under the Elected Officials, City Manager's or City Attorney's matters portion of the agenda, or at a Study Session a Council Member, the City Manager, or the City Attorney may request that an item be added to a future Agenda for consideration. 4. The City Manager may add administrative and operational items to the agenda prior to or at the beginning of any meeting. D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or in opposition to, a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and Procedure. F. TIME OF ADJOURNMENT At 11:00 P.M., the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions: 1. Acting by 3f4 majority vote, complete all or portions of the remaining Agenda. 10 2. Acting by a majority vote, schedule any unfinished items for future regular Council Business Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. ORDINANCES, RESOLUTIONS, AND MOTIONS A. RECONSIDERATION 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled Council Business Meeting. A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration. If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months. 3. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 4. A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR RECONSIDERATION. B. CITY ATTORNEY TO APPROVE: All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney. CITIZENS' RIGHTS A. CITIZENS' RIGHT TO SPEAK: 1. Any person may speak for a maximum of three (3) minutes on any item other than Agenda items. 2. Speakers must sign the Public Comment Roster. 3. Citizens Right to Speak shall always precede all other official business except Call to Order, Pledge of Allegiance, Roll Call, Approval of Minutes and proclamations or Ceremonies. 11 4. There shall be no restriction on the number of citizens who wish to speak. 5. The content of any speaker's comments cannot be censored. 6. Persons in attendance shall be allowed to donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 7. The Chair will entertain no written comments unless a member of the public is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present. 8. Council has the choice whether or not to respond to citizens after the closure of the Citizen Comment portion of the meeting. B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS: Any person desiring to speak on an agenda item must sign the appropriate roster in Council Chambers and confine their remarks to the relative item. There shall be no time limit applied unless deemed appropriate by the Chair. C. WRITTEN COMMUNICATIONS: All written communications to Council must be signed . If not signed, the written communications may not be accepted. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION OF RULES: Any provision of these Rules not governed by City Charter or Code of Laws may be temporarily suspended by a three-quarters (3/4) majority vote of Council Members present. B. AMENDMENT OF RULES: These Rules may be amended, or new Rules adopted by a majority vote of Council Members, provided that the proposed amendments or new Rules shall have been submitted in writing to Council at a preceding meeting. C. REVIEW: 12 These Rules will be reviewed by Council within three months of an election or filling of a vacancy of Member(s) of Council, Council may review these Rules at any time upon request of any member of Council. APPROPRIATIONS Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matters. Updated January 23, 2012 13