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HomeMy WebLinkAboutStudy Session Packet 08/15/2011STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO August 15,2011 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge . Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance . APPROVAL OF AGENDA .L Staff Report(s) a) Lakeside Animal Hospital 2. Centura Health Check Passports Presentation ~ Xcel Presentation -Preston Gibson 1._ Mutual Planning Area Boundary between the City of Wheat Ridge and the City of Golden .§..,_ Discussion of Laser fiche online process-Gerald Dahl ~ ... • Cityof fP!:WheatBi__dge ~OFFICE OF THE CllY MANAG ER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council r-..J Patrick Goff, City Managec~.)(J' August 10,2011 Lakeside Animal Hospital On July 25, 2011 Mayor DiTullio and Council Members Berry and Reinhart received an email from Howard Jaidinger concerning a conversation he had with Dr. Kerry Foreman, the owner of Lakeside Animal Hospital at 4243 Harlan in Wheat Ridge. During his conversation with Dr. Foreman she communicated to him that she was dissatisfied with the encounter she had with the City of Wheat Ridge during the conversion of a single-family structure i nto a commercial veterinarian operation. After researching the issue, it was determined the main complaints were related to a grant from the Wheat Ridge Business District and the approval of a monument sign for the business. Following is a summary of both issue s : Wheat Ridge Business District Grant Lakeside Partners LLC submitted an application to Wheat Ridge Business District (WRBD) in December 2009. At that time Lakeside Partners submitted a signed and notarized form indicating they were seeking $11,000 for Fat;ade, Signage and Design Assistance. In subsequent paperwork, one WRBD document extraneously noted "up to $3000 for awning improvements." Lakeside Partners has claimed they are due an additional $3000 on top of the Fayade, Signage and Design Assistance they have already received. WRBD has corresponded to let them know as the y neither applied for nor constructed an awning, giving them any additional funds for work never performed would be inappropriate. Monument Sign Lakeside Animal Hospital retrofitted an existing single family structure, including adding a partial second story and making site improvements to the property on Harlan Street. The owner worked closely with the City on a variety of issues related to the commercial conversion of the building. The improvements were approved through a building permit process and the Certificate of Occupancy was granted over a year ago, in June 201 0. During the pre-application meeting process, the owner inquired about business signage. They did not believe a wall sign would be architecturally appropriate or etfective for identification . When looking at monument (ground) sign options and based on the location of the street right- of-way/private property line , the options to locate the sign on their property would have significantly impacted their parking and site circulation. The owner also felt that the location they were proposing for a monument sign was set back from the street similar to ot~er signs along this stretch of Harlan. Staff researched other nearby signs along Harlan and found a mix of information. Some signs had and some had not obtained permits. Some signs were located on private property and some were actually located in the public street right-of-way, including some that had obtained permits. Based on this information, and the fact that from a practical perspective, the logical location for the business sign on this property was in the street right-of-way, staff initiated a code amendment to create a limited number of instances in the City where private business signs could be located in an adjacent public street right-of-way. That code amendment was considered by City Council in a study session (where it was supported) and then went through a public hearing process before the Planning Commission and City Council. Ultimately, the property owner was allowed to construct the sign they wanted in the Location they wanted. The applicant/owner expressed frustration throughout that process at the amount of time it took tor them to be able to install what they felt was a high quality sign in a location that mirrored that of several nearby properties. We can appreciate that perspective coming from someone who is unfamiliar with municipal codes and the code amendment process. We feel we made every effort to accommodate their signage needs, including initiating a code amendment that addressed the very practical realities of the property owner's circumstances. ~ ~ .( " City of rff.Wheat&_,dge ~DMINISTRATIVE SERVICES Memorandum TO: Mayor and City Council Patrick Goff, City Manager c;j} THROUGH: Heather Geyer, Administrative Services Director FROM: Nathan Mosley, Management Analyst DATE: August 9, 2011 SUBJECT: August 15 111 Study Session Presentation by Centura Health Passport Program On Monday August 15, 2011 Liz Tredennick from Centura Health will present information on their Health Passport Program. This presentation was requested by Cotmcil member Berry. As part of the City of Wheat Ridge's strategic planning process Council created an action agenda for 2011/2012. One of the high priority items was an aging population needs assessment and plan. As part of this assessment we are assessing what services are currently in place for seniors within the Wheat Ridge community. One such program is the Health Passport program through Centura. The Health Passport program offers Wellness activities, educational classes, social events, travel and volunteer opportunities as well as free individualized health insurance counseling, a free prescription discount program and free and low cost health screenings and immunizations. The Health Passport program also provides information and help tmderstanding Medicare, Medicare Part 0 and Medicaid . The Health Passport program is free and open to any State of Colorado resident; although some benefit services, such as the free Medicare counseling, have age restrictions. Additional information can be found at www.myhealthpassport.org or by calling 303-629-4921. /nm ~ ~ ~ "' City of ~WheatBL_dge ~OFFICE OF THE CnY MANAGER Memorandum TO: City Council FROM: Patrick Goff, City Manager DATE: August 11, 2011 (For Study Session of August 15, 2011) SUBJECT: Xcel Energy Presentation Preston Gibson, Xcel Energy 's Area Manager for Community and Local Government Affairs , has asked to make a presentation to the Council regarding Xcel 's commitment to Wheat Ridge. Attachment: 1. Xcel brochure SERVING YOUR COMMUNITY RESIDENTIAL CUSTOMERS BUSINESS CUSTOMERS TOTAL Franchise fees $1,272,700 Calculated tax $1,224,949 ELECTRICITY CUSTOMERS 14,433 2,553 16,986 Total $2,497,649 GENERATING TAX REVENUE Through both franchise fees and city taxes (including sales tax, use tax, and property tax) Xcel Energy invests a significant amount of money back into the communities we operate in. In 2010, we generated over $2 million in these two categories for Wheat Ridge. All data from 2010 sales and operations (l Xcel Energy· ELECTRICITY NATURAL GAS NATURAL GAS USAGE CUSTOMERS USAGE 8,529,355 kWh 11,321 1,359,759 THERMS 20,806,514 kWh 1,748 627,483 THERMS 29,335,869 kWh 13,069 1,987,242 THERMS All numbers are approximations CHARITABLE GIVING We are proud of our community support through charitable contributions, and are committed to using our resources and skills to benefit the communities we serve. Our employees volunteer thousands of hours to nonprofit organizations each year, and give generously to various organizations including United Way. In 2010 Xcel Energy donated more than $14 million in charitable giving to the eight states we serve, and was ranked the No. 1 corporate giver in Colorado by the Denver Business Journal. Over $10,000 was distributed within the Wheat Ridge community in 2010, and and Xcel Energy donated $1,098,690 to Mile High United Way. Focus Area Grants, $7,500, 201 0 Charitable Giving 9% 22% PROVIDING CLEAN ENERGY Renewable Energy Wheat Ridge Windsource* 496 Premises 1 1.7°5 ·001 kWh Solar** 77 Installed I 778 kW Systems Protecting the environment is one of Xcel Energy's corporate values, and environmental leadership is one component of our corporate strategy. We are building a clean energy future for our customers and the communities we serve, while continuing to provide reliable and affordable energy services. '2010 Windsource program data "'Total Solar applications as of 6/11/2011 Attachment 1 OUR ENERGY EFFICIENCY EFFORTS Energy Efficiency plays an important role in our environmental strategy. Xcel Energy offers about 120 efficiency and conservation programs company wide that help our customers save money, as well as reduce power plant emissions and conserve natural resources. Since we began consistently tracking energy efficiency results in 1992, our customers have saved enough electricity to enable us to avoid building more than thirteen 250 MW power plants. We have invested more than $1.1 million in rebates within the last five years through the partnership and participation of our Wheat Ridge customers. 2006 2007 2008 EFFICIENCY $26,437 $27,817 $29,154 REBATES kWh SAVED 817,132 441 ,753 267 ,642 THERMS 0 0 SAVED 0 fl Xcel Energy· 0 2011 Xed [nc:r~ Inc. 1 l-800--181--1700 1 uC'Itnc-ru.com 1 Xul EnC"rl.)' U; :11 n:::.;stl'rtt:llnukm•rk of Xu: I F.ntrttY htc. I Public St:nicc: Compa ny or Colorado. ou• Xcc:l E.ncfiY Comp:my 2009 2010 TOTAL $65,039 $163,713 $312,159 1,019,462 2,797,531 5,343,523 21,321 3 ,539 24,860 All numbers are a~~roximati011s ~ 4 , .. ~ City of !C!:Wheat~,.e ~OMMUNilY DEVELOPMENT ~ Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: DATE: SUBJECT: BACKGROUND: Ken Johnstone, Community Development Director July 29,2011 (for August 15 Study Session) Intergovernmental Agreement with Golden regarding a Mutual Planning Area Boundary The City of Golden has approached the City of Wheat Ridge about the potential to establish a mutual planning area boundary between our two communities. Golden has drafted an intergovernmental agreement (IGA) with an accompanying map that would establish a planning area boundary between the two municipalities . Golden has long-standing, mutual planning area intergovernmental agreements with both Lakewood and Arvada . Portions of the boundaries of those areas are shown on the map (Exhibit A) attached to the draft IGA. Golden had actually approached Wheat Ridge a few years back on this same topic; however, Wheat Ridge staff did not believe it was the appropriate time to bring the issue forward during the processing ofthe various land use applications associated with the Clear Creek Crossing development. DISCUSSION: Colorado Statutes expressly authorize municipal governments to enter into agreements for the purpose of planning and regulating the development of land. Agreements of this kind are common and can extend from just planning agreements to actually having more regulatory authority. Agreements of this kind can be helpful in planning tor the City's long term land use goals , as well as associated impacts on the transportation system and other municipal services and utilities. Some communities have used this type of lGA tor the purposes of establishing buffers or open space areas between their respective communities . In their simplest form , such a planning area boundary establishes a line over which the other community agrees not to pursue annexation. The basic structure of the proposed IGA is as follows: 1. The mutual planning area boundary on the eastern edge of Golden and the western edge of Wheat Ridge is established in the alignment of Mcintyre Street, which is consistent with current extent of Wheat Ridge 's 3-Mile Plan planning area boundary. 2. Within our respective planning areas, we agree to comply with our respective comprehensive plans and to provide written notice to the other party when considering a development application(s) within 1,000 feet ofthe planning area boundary. 3. The parties each agree not to approve annexations in the other party's planning area, without the prior written authorization of that other party. 4. The agreement would be in effect until2025, or approximately 14 years, unless the parties mutually agree in writing to void the agreement at an earlier date. An IGA such as this is required to be considered by City Council after a public hearing with p roper public notice. Based on direction we receive from Council , we will advertise for a subsequent City Council meeting to conduct such a public hearing. Attachments: 1. IG A draft wi th map /kj 2 Intergovernmental Agreement (8-9-11 Draft) Between the City of Golden and The City of Wheat Ridge Regarding the Establishment of a Mutual Planning Area Boundary This Intergovernmental Agreement is made and entered into by and between the City of Golden a Colorado municipal corporation, hereinafter referred to as "Golden" and the City of Wheat Ridge, a Colorado municipal corporation, hereinafter referred to as "Wheat Ridge". 1.0 Recitals and Purpose 1.0 Part 2 of Article 1 of Title 29 of the Colorado Revised Statutes, as amended, authorizes and enables governments of the State of Colorado to enter into cooperative agreements or contracts. 1.1 Pursuant to Title 29, Article 20, Colorado Revised Statutes as amended, the General Assembly of the State of Colorado has authorized and encouraged local governments to cooperate or contract with other units of government for the purpose of planning and regulating the development ofland, including but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations. 1.2 Pursuant to Title 29, Article 20, Colorado Revised Statutes, as amended, the General Assembly of the State of Colorado has found and declared that in order to provide for planned and orderly development within Colorado and a balancing of the basic human needs of a changing population, with legitimate environmental concerns, the policy of the State of Colorado is to clarify and provide broad authority to local governments to plan for and regulate the use of land within their respective jurisdictions. 1.3 Pursuant to Title 29, Article 20, Colorado Revised Statutes as amended, the General Assembly of the State of Colorado has designated certain powers to local governments: among them the power to regulate the location of activities and developments which may result in signiticant changes in population density, the power to provide for phased development of services and facilities, the power to regulate the use of land on the basis of impact on the community and the power to otherwise plan for and regulate the use of land so as to provide planned and orderly use of land and protection of the environment, in a manner consistent with constitutional rights . 1.4 Both Wheat Ridge and Golden have been involved in comprehensive land use planning for areas within and contiguous to their City boundaries, and intend to further plan the areas between their respective boundaries in conjunction with Jefferson County, special districts, and major landowners. 1.5 The Parties agree that the matters herein set forth are reasonable conditions and requirements and are necessary to protect, promote and enhance the health, safety and general welfare of the residents of Golden, Wheat Ridge and the general public. Attachment 1 1 No\v Therefore in consideration oftbe above recitals and of the mutual promises, covenants and agreements of the parties, Whe at Ridge, and Golden hereby agree as follows: 2.0 Planning Areas The parties agree that they will not approve annex ations of property lying in the Planning Area of the other party unless first authorized in writing by the party in whose Planning Area the property to be annexed lies. The Planning Area of each City is shown on Exhibit A. 3.0 Land Use The parties agree to comply with their respective comprehensive plans for the two Planning areas. The parties agree to provide to each other written notice of any public hearings at which their respective comprehensive plans are to be considered, a long with a copy of the proposed plan or amendment thereto, as contemplated by CRS 24-32-3209 (2). 3. t The parties agree that they will provide each other with copies of any development plans submitted within their Planning Areas, if the location of the property submitted said development plan is within 1,000 feet ofthe Planning Area of the other. Such re ferrals shall include traffic analyses when the development is projected to generate in excess of 200 new daily peak hour trips on adjacent roadways. Such referrals shall be made within seven (7) days of the acceptance date of the development plan application. 4.0 Enforcement This agreement is enforceable pursuant to the provisions of Section 29-20- l 05 , as amended, of the Colorado Revised Statutes. 5.0 General 5.1 Notices Notices shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited for delivery by the United States Postal Service. 5.2 The parties further agree that a copy of this Agreement, and any amendments thereto, shall be provided to the Jefferson County Board of County commissioners pursuant to CRS 24- 32-3209(2.3). If to Golden: If to Wheat Ridge: City Manager City of Golden 911 Tenth Street Golden, CO 80401 City of Manager City of Wheat Ridge 7900 W . 29th A venue Wheat Ridge, CO 80033 2 5.3 Severability If one or more provisions of this Agreement should be invalid, illegal or unenforceable in any respect, the remaining provisions contained herein shall not in any way be affected or impaired thereby, provided that the remaining provisions are not determined to be significantly impacted by the excluded provisions. If any party determines that such significant impact has occurred then the parties agree to mutually resolve the issues in good faith, using the intent of such excluded provision as a statement of intent. 5.4 Instruments of Further Assurance The parties covenant that they will do, execute, acknowledge and deliver or cause to be done, executed, acknowledged, and delivered such acts, instruments and transfers as may reasonably be required for the performance of their obligations hereunder. 5.5 Assignment No transfer or assignment of this Agreement or of any rights herein or hereunder shall be made by any party without prior consent of the others. 5.6 Binding Effect This Agreement shall inure to the benefit ot: and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns. 5.7 Waiver of Breach A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of either party. 5.8 Effective Date and Term The effective date of this Agreement shall be the date that this Agreement is recorded by the Clerk and Recorder for Jefferson County, Colorado. This Agreement shall remain in effect until December 31, 2025 ; provided, however, that the agreement may be voided at an earlier date by mutual action of all parties in writing. 5.9 Recording This Agreement shall be recorded with the Clerk and Recorder at Jefferson County, Colorado, within 10 days after signature by all parties. 5.10 Governmental Authority The Parties shall comply with any and all valid, County , State and Federal laws covering the subject of this Agreement and any and all valid orders, regulations or licenses issues pursuant to any Federal or State law governing the subject of this Agreement. 6.0 Signatures IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their respective names and attested by their duly authorized ofticers. City of Golden, a Colorado Municipal Corporation 911 Tenth Street Golden, Colorado 80401 3 By ________________________ _ Title: Mayor ArrEST: APPROVED AS TO FORM: By: ________________________ _ By: ------------- City Clerk City Attorney City of Wheat Ridge a Colorado Municipal Corporation 7900 W . 29th Avenue Wheat Ridge, CO 80033 By _____________ _ Title: Mayor ATTEST: APPROVED AS TO FORM: By: --------------By: -------------City Clerk City Attorney 4 <-~' ~( 05/03/11 D City of Golden D City of Wheat Ridge Arvada IGA area D Lakewood IGA area MURRAY DAI-IL Ku ~e:c I-IE:N ME:1:5TE:R R~<:NAUD LLP i\1 f O RN EYS AT LAW MEMORANDUM TO: CC: FROM : DATE: RE: Mayor DiTullio and City C~~il Patrick Goff, City Manage6J} Gerald Dahl Brittany Scantland July 25, 2011 Laserfiche documents Following the Council 's study session on June 61h, City staff has endeavored to categorize and review City documents which are now available on Laserfiche on the City 's website. Staff has conducted the review with an eye toward what documents contain personal identifying information and whether they can be separated from other documents available online . (For the purposes of this analysis , personal identifying information has been interpreted to include name, address, phone number and/or social security number). Laserfiche as document retention For many departments, the Laserfiche version of the document that is searchable online is the department's official method of keeping its records . As a result, the Laserfiche document which is available on the City's website is sometimes the only version the City keeps of the document. Online information as an open record All of the information which the City has currently made available online would be producible, if a person came into City Hall and made a proper open records request pursuant to C .R.S. §§ 24-72-201 , et seq. ("Colorado Open Records Act" or "CORA"). Pursuant C.R.S . § 24-72-204 (3), there are certain records which the City is prohibited from disclosing, regardless of whether it has control of the records . Ex. confidential commercial or financial information, personnel files, letters of reference, etc. Documents currently online Currently , there are 687,802 images available via Laserfiche , online . (Stated another way, there are 687 ,802 pages available-each image is the face of a page). The documents available are 1 divided into three categories: City Clerk, City Manager and Community Development. Neither municipal court documents nor public works documents are searchable via Laserfiche, currently . To give a snapshot of how these three available categories are subdivided, we'll look at each in turn: City Clerk: o annexations o audit reports o boards and commissions o charter and code of laws o city budget o city council meetings o deeds o development agreements o easements o improvement agreements o liquor authority minutes o ordinances o resolutions o subdivisions agreements o urban renewal o public records request City Manager: o urban renewal Community Development: o Building Code Advisory Board o Board of Adjustment o Building Division o Bus Benches o Bus Shelters o Census o Housing Authority o Planning Commission o Planning Division Each of these subfolders has not less than one set of documents (if not multiple subfolders) under it. Some categories suggest that personal identifying information might be included - such as deeds or easements. Some categories are less likely to include personal identifying information, such as ordinances and resolutions. Unfortunately, there is no screen that can be used to filter out all documents which might contain personal identifying information. Current Laserfiche usage The following is statistical information concerning the use of the City's searchable Laserfiche database. Staff compiled the information from January 2010 to July 2011. Total sessions: 170,595. 2 -Average sessions per day: 8.58 . A session includes anytime a person does a specific keyword search in Laserfiche or manually browses each folder. • Total searches: 1,781. A search is when a person does a specific keyword search in Laserfiche (and excludes browsing)_ Options to consider For purposes of discussion , six options are described below. Each could be implemented individually or in combination with others. Staff has devised a 5-point scale to provide an estimate as to how much staff time and resources will be used for each option _ The scale is as follows : 1 =Major multi-year impact on staff and time 2 = Major single-year impact on staff and time 3 = Major impact on staff and time 4 = Minor impact on staff and time 5 = No impact on staff and t ime The rankings assigned to each option were determined based on staff consensus . 1. Provide no documents online The most drastic measure would be for the City to determine that no documents on file with the City should be available online _ Each department would then need to remove all Laserfiche documents currently searchable on the City's website . It is permissible for the Council to determine to proceed this way_ Such action would be contrary to the direction that most municipalities are moving and contrary to what is becoming expected by the public. A person would have to visit C ity Hall in person and complete a CORA request form for each document requested . Score on sca le : 4-3 2. Removing information currently available If the Council decides it wants no personal identifying information available to the public online, the following process (or something similar) could be implemented. In order to determine which documents (images) contain personal identifying information , each department would need to review each of the 687,802 documents or images individually_ Then, one of several things could happen: the department, upon identifying personal identifying information , would need to pull each document with personal identifying information and/or redact the personal identifying information and repast the altered document However, the department would need to keep an original unaltered document Keeping that unaltered document could be done physically (which will require more space) or the City could store the unaltered document electronically by creating a separate department-only/intracity-only Laserfiche database. Likely , different departments would have separate internal laserfiche databases (in addition to the online database}, the contents of which would be subject to an open records request Score on scale : 1 3 3. Policy moving forward The Council could determine that from this point forward, it wants to limit what new personal identifying information is available to be searched on the internet , leaving in place the information that has already been made available online. The directive of the Council could then be to require each department to create the two sets of records, as described above (by the creation of two separate databases) for all new documents to be posted. Score on scale: 1 4. Open records requests Another alternative might be that a prerequisite to searching any documents online with the City is for the searching party to fill out an open records request form before entering in the database. There will be no way to trace each searching party's trail to ensure they only look at and pull the stated information; however , such a procedure might create some kind of record . Score on scale : 4 5. Intranet terminals Finally, in conjunction with the idea of removing all documents from the internet and requiring a non-internet based records request, the City could provide computer terminals in City Hall which would allow for a search of City documents. Those terminals could be set up one of two ways: (1) provide for all documents which the City currently produces online to be available on the intranet system ; or (2) as described in option 2 above , the City could create a public-only intranet system which would not contain any documents with personal identifying information. Keep in mind that if this "clean" version of an intranet system is created which is devoid of personal identifying information , the same person who is searching for documents at the intranet terminal in City Hall, could walk up to the City Clerk's desk and request the documents (so long as they are otherwise producible under CORA) from the City directly, and the City would be required to produce the record, even if it was not available at the intranet terminal. Score on scale : 1 6. Status quo As described in the beginning of this memo, the City currently has a process by which it posts documents related to the offices of the City Clerk , the City Manager and Community Development. Staff believes that the current Laserfiche system serves the dual role of providing fast , effective customer service , while freeing staff time. This option will continue to require staff time to upload all public documents to the Laserfiche database . To date, staff has documented only two privacy complaints related to this system. Score on scale: 5-4 4