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HomeMy WebLinkAboutStudy Session Packet 05/03/2010 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. May 3. 2010 6:30 p.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 .1. Staff/Council Report(s) a) 2010 Business Awards Program b) Economic Development Division's Business Retention and Expansion Program 2. Park Land Acquisitions ~ Revised Smoking Ordinance 4. Photo Red Light , . , _ City of '~Wheat~dge ~OMMUNIn' DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manage~ Ken Johnstone, Community Development Director FROM: Ryan Stachelski, Economic Development Specialist DATE: May 3, 2010 SUBJECT: 7th Annual Business Awards The Economic Development Division is currently developing this year's Business Awards program. This year the following award categories will be presented: • Mayor's Business and Youth Partnership Award • City Council's Partnership Award • Business of the Year • Reinvestment Award • Cultural Commission's Award The Economic Development Division will continue to work with past award winners to determine this year's winners in the categories of Business of the Year and Reinvestment Award. The Cultural Commission will continue to select the winner for this year Cultural Commission's award. The Mayor and City Council will continue to determine winners for their individual awards. The nomination period for business awards is from April 26th until June II tho After June II th the Economic Development Division will return to city Council and have the Mayor and City Council select their respective award category winners. Last year the City of Wheat Ridge started the tradition of recognizing Wheat Ridge businesses for longevity in Wheat Ridge. Businesses in Wheat Ridge for over 20 years were recognized both at the Business Award event and publicly in a print ad in the Transcript. Rather than do that every year, the Economic Development Division would like to continue this tradition by recognizing the businesses that have been in Wheat Ridge for more then 20 years in a similar manner every 5 years, which will give the recognition more significance. This year the business awards will be handed out during the 7th Annual Business Appreciation luncheon that will take place at the Wheat Ridge Recreation Center on August 6th. We will have a guest Emcee who will hand out the awards. Business Awards Memo May 3, 2010 Page 2 The Economic Development Division will continue to work with the local business community to solicit nominations for award winners. This year the Economic Development Division plans on increasing the visibility of the nominating process through a number of marketing campaigns, including direct mail to all Wheat Ridge businesses. Each year the Economic Development D~vision uses feedback from all stakeholders to improve the business appreciation event. This year we hope to have another great event. Irjs 2 -,.,k..t,( ~ _ ~. ... .. City of A~Wheat~ge ~OFFICE OF THE 01Y MANAGER Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager FROM: Patrick Goff, Deputy City Manager DATE: May 3, 2010 SUBJECT: Financial Checkup As I mentioned at the Council retreat, the City contracted with Clifton Gunderson to conduct a "Financial Checkup" ofthe City's current fiscal condition. The Financial Checkup utilizes eighteen (18) indicators covering areas such as revenues, expenditures, cash liquidity, unrestricted fund balance ratio as well as other key indicators to identifY significant trends and "red flags" that may impede long-tenn financial stability. The final report is projected to be completed by the end of June. At that time, the report will be presented to City Council for discussion. Staff intends to use the results of the report to recommend policies and strategies to City Council focusing on financial and operational sustainability. Attached is more infonnation about the Financial Checkup and Clifton Gunderson. If you have any questions please let me know. " Clifton Gunderson -Financial Checkup The Financial Checkup OUton Gunderson's Governmental Solutions Team has developed a "Financial Checkup", a specialized tool to thoroughly examine important, financial and management indicators, to help officials identify and address major trends affecting their local government. The Financial Checkup consists of a brief, understandable and affordable trend analysiS of your entity's current fiscal condition, providing a basis for the development of a strategy focused on financial and operational sustainability. The Financial Checkup utilizes eighteen (18) indicators covering areas such as revenues, expenditures, cash liquidity, long-term debt obligations as well as other key indicators to identify significant trends and "red flags" that may impede long-term financial stability. The Financial Checkup is a quick, inexpensive analysis that becomes an invaluable tool for municipal officials during this precarious time. The Clifton Gunderson Governmental Solutions Team will review your government's financial data for several previous years, identify significant trends through the use of tables and graphs and compile a report that includes findings and recommendations for each of the indicators. Clifton Gunderson Financial Checkup Key Indicators INDICATOR # 1: REVENUE & EXPENDITURE TREND ANALYSIS (R & E) The R & E provides an overview analysis of total General Fund revenues and expenditures. INDICATOR # 2: REVENUE SOURCE ANALYSIS (RSA) The RSA provides an analysis of General Fund revenue sources. INDICATOR # 3: SALES TAX REVENUE ANALYSIS (STRA) The STRA provides an overview of total sales tax revenue as well as sales tax revenue collected by the top ten vendors. INDICATOR # 4: EXPENDITURE ANALYSIS (EA) The EA provides an analysis of total General Fund spending by function. INDICATOR # 5: INTERGOVERNMENTAL REVENUE DEPENDENCY (IRD) The IRD provides percentage trend information reflecting the reliance on revenues received from other governmental entities. INDICATOR # 6: ASSET SUFFICIENCY RATIO (ASR) The ASR identifies whether total cash and investments are adequate to cover current obligations or amounts owed. ---------------~--------- Clifton Gunderson -Financial Checkup INDICATOR # 7: UNRESTRICTED FUND BALANCE RATIO (UFBR) The UFBR indicates whether adequate funds are being maintained to mitigate current and future risks (i.e. revenue shortfalls). The Government Finance Officers Association recommends, at a minimum, that general-purpose governments, regardless of size, maintain an unrestricted fund balance in their General Fund of no less than 5% to 15% of regular General Fund operating revenues or General Fund operating expenditures. SAMPLE CITY Financial Checkup INDICATOR /I 7: UNRESTRICTED FUND BALANCE RATIO (UFBR) This UFBR demonstrates the City's ability to mitigate curront and future risks (e.g .• revenue shortlalls and unanticipated expenditures) and to ensure stable tax rates. The Government Finance Officers Association recommends, at a minimum. that general-purpose governments, regardless of size, maintain an unrestricted' fund balance in their General Fund of no less than 5% to 15% of regular General Fund operating revenues or or General Fund operating expenditures. Percentage decreases over time may indicate the City's inability to handle unforeseen risks (e,g., downturn in economy). 30% 25% 20% 15% 10% 5% 0% 2005 FindIngs: Unrestricted Fund Balance Ratio (UFBR) 27.5% 2006 2007 Vea, 2008 2009 Although the City has maintained an UFBR aoove the GFOA recommended 5% -15% range over the last five years, the City's policy is to maintain an unrestricted fund balance of at least 16.6% (i.e., 2 months of average annual operating expenditures). The above analysis reveals that the City's UFBR has declined in the last two years. Considering the fact that the City's total expenditures have outpaced its revenues in the last several years, there is a good possibility that the City's UFBR could oonlinuB to decline. Recommendations: The City should take measures to gain a solid understanding of its spending and which expenditures continue to rise over time. As the City is well aware, increases in costs, often fixed costs. can often outpace revenue growth, especially. during a downturn in the economy. At the same time, many governments are experiencing skyrocketing increases in personnel8Jld benefit costs. By thoroughly understanding expenditure components and trends, the City will be able to more readily employ C05t saving measures and strategies to ensure that expendIture levels are not outpacing revenues. Which in tum wilt assist the City in avoiding to have to rely on utilizing its unrestricted fund balance. To h.elp with long range planning and being able to maintain an unrestricted fund balance of at least 16.6%. the City should compile long-term projections 01 revenu6S and expendibJres in order to balance spending levels accordingly. -----------------11----------- I Clifton Gunderson -Financial Checkup INDICATOR # 8: REVENUE COVERAGE RATIO (RCR) (Governmental Activities) The RCR demonstrates the ability to cover governmental activities' expenditures with related program revenues and reliance on general revenues to subsidize certain function/program expenditures. INDICATOR # 9: USER CHARGE COVERAGE RATIO (UCCR) The UCeR demonstrates the ability to cover business-type activities' expenses with related program revenues and reliance on general revenues to subsidize certain function/program expenses. r------------------------------- ------~----_. SAMPLE CITY Financial Checkup INDICATOR # 9: USER CHARGE COVERAGE RATIO (UCCR) (Proprietary Funds) The UCCR demonstrates the City's abilities tp cover business-type activities' expenses with relaled program revenues and its reliance on general revenues 10 subsidize certain functlon/program expenses. As user charge coverage declines, the burden on general revenues to support these services increases. Since many municipal accounting accounting systams do not employ cost-accounting techniques, it Is easy for inflation and/or other factors to erode user charge coverage without being readily detected, 90.0% 60.0% 30.0% 0.0% 2005 Findings: User Charge Coverage Ratio (UCCR) 2006 2007 Year 2008 I _ UCCRI 2009 The City has experienced a continuous decline in UCCR since 2005 which indicates the business-type activities are being supplemented by the general revenues at an increasing rate. The VCCR decline may be due 10 rising costs of providing user services and user charges not being sat at appropriate rates. Recommendations: The City should gain a Ihorough understanding of why their UeeR is declining. Further analysis will be necessary to analyze each function to determine if user charges are set at the appropriate level to cover applicable expanses. For Instance, were the 1ull (both direct and indirect) costs calculated when the rates were set? Are user charges reviewed frequenlly to take inflation and other economic pressures (e.g., increasing costs) into account? A rate study, including a cost allocation analYSis, performed periodically would be of value to the CUy to assist In setting the appropriate user charge levels. In perfooning a rata s~dy. the City should consider comparing its user charges with neighboring governments to determine both the reasonableness of amounts charged as well as to determine Whether the City's user charge structure is resulting in unintended consequences. The City can then consciously choose to cover or not cover 100 percent of the service costs and understand how much will be needed from general revenues to offset bUsiness-type activities. L-_______________________________ ....J.~ Clifton Gunderson -Financial Checkup INDICATOR # 10: ASSESSED VALUE ANALYSIS (A V A) The AVA indicates trends in property values. INDICATOR # 11: UNCOLLECTED PROPERTY TAXES RATIO (UPTR) The UP1R illustrates the percentage trend of uncollected property taxes. INDICATOR # 12: POPULATION TREND ANALYSIS (PTA) The PTA analyzes population trends to identify possible financial impacts on the government. INDICATOR # 13: REVENUES PER CAPITA (RPC) The RPC displays the relationship between revenues and population. INDICATOR # 14: EXPENDITURES PER CAPITA (EPC) The EPC shows the relationship between population and expenditures. INDICATOR # 15: FULL-TIME EQUIVELANT EMPLOYEES PER CAPITA (FTEPC) The FTEPC illustrates the relationship between total number of full-time equivalent employees compared to total population. INDICATOR # 16: DEBT PER CAPITA (DPC) The DPC measures current long-term debt amount allocated to each resident. INDICATOR # 17: LONG-TERM DEBT SERVICE RATIO (LTDSR) The L TDSR measures the government's flexibility to respond to economic changes by comparing debt service expenditures as a percentage of total expenditures. INDICATOR # 18: MAINTENANCE EFFORT RATIO (MER) The MER indicates whether capital assets are being maintained at a sufficient level to ensure their useful life. ---------------11---------- Clifton Gunderson -Financial Checkup . Financial Checkup vs. an Audit The Financial Checkup is different from your annual audit. Your auditor primarily focuses on your previous years financial statements to determine whether they materially conform with generally accepted accounting principles and evaluates internal controls. The Financial Checkup focuses on a multiple year, trend analysis which results in a forward looking report that can assist officials in developing policies and strategies to ensure long-term health and solvency. Why Clifton Gunderson? The Clifton Gunderson Governmental Solutions Team is comprised of a unique team of over 40 local government finance and management professionals, who will bring valuable experience and insight to your local government's team. Our public management staff has decades of direct management experience having served as city and county managers, deputy and assistant managers and department heads in governments such as Lakewood, Aurora, Dallas, Littleton, Englewood, La Plata. County, Monte Vista, Bayfield, Federal Heights, Thornton, Fraser and Lakewood. Our Certified Public Accountants are focused exclusively on providing accounting and financial consulting to local governments. They are involved in the budgeting process from beginning to' end, long-term financial projections and forecasts, bond financing, compilation of interim financial statements, drafting of comprehensive financial annual reports (CAFRs) and the development of financial policies and procedures. Our Governmental Solutions Team currently provides outsourced consulting services to over 500 local government entities, including cities, towns and special districts. In addition to our local experts, Clifton Gunderson, ranked as one of the nation's largest certified public accounting and consulting firms, has nearly 50 years of stability in serving clients from 40 offices across the country. This affords our local offices with additional resources should the need arise. ----.... ---------------!l-------- --Clifton Gunderson -Financial Checkup Your Next Step Local governments are entering into a new era of financial unknown. Government officials need solid information to successfully maneuver their communities into the next decade and beyond. The first step is a Financial Checkup with solid analysis and recommendations from our experienced, local government professionals. Upon receiving your entity's Financial Checkup, our Governmental Solutions Team can assist you in implementing both short and long-term recommendations and strategies. Contact Christine Harwell at Christine.Harwell@cliftoncpa.com or 303.779.5710 to make an appointment for your Financial Checkup. _ • .'\ i '" 4 ~ • • , ~ City of. ~~Wheat~dge ~OMMUNI1Y DEVELOPMENT jtem I.u. Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manage~ Ken Johnstone, Community Development Director FROM: Ryan Stachelski, Economic Development Specialist DATE: May 3, 2010 SUBJECT: City of Wheat Ridge Business Retention and Expansion (BRE) Program At the core of many economic development programs is a focus on retaining and expanding businesses in the community. This is also a core focus of the City of Wheat Ridge's economic development program. According to the International Economic Development Council (TEDC), the guiding organization in the economic development profession, 80% of new jobs come from businesses that are currently in the community. BRE programs function by economic development officials contacting businesses in the community and conducting site visits with company leaders. The goal of these visits is to establish and foster a quality symbiotio relationship which can strengthen the business community and therefore the community at large. During these visits three general topics are covered. First, we always thank the business for being in Wheat Ridge and let them know that we value them in our community. Second, we get to know their business so that we have a better understanding of the company's needs. This gives the Economic Development Division and partners the ability to "connect the dots" in helping provide not just resources but connection between people and other businesses. Lastly, we cover all of the different City resources available to the business. We let each and every company we visit know that the City of Wheat Ridge is here to help facilitate the growth and prosperity of their company. The focus of the BRE program in Wheat Ridge, as in most other communities, is on companies with quality primary jobs. Primary jobs are businesses that derive revenue from outside the community therefore bringing new money into the community and increasing the community's wealth. The reason most BRE programs are are focused on primary jobs is because primary jobs are the economic engine of a community. Primary jobs are the jobs that create the disposable income in a community that allows people to afford to shop in retail centers and add value to a community'S housing stock. BRE Program Memo May 3, 2010 Page 2 Some examples of companies that the Economic Development Division has had BRE visits with are: • In-X Machine -a small machining company that has a niche market for making small parts for biomedical devices • Byers Peak -a group of former Gambro engineers that branched out to form their own medical device company • Lifeloc Technologies -one of only a handful of designers and producers of alcohol breath testing devices that are used around the world and by our own Police force. • PrimeStar Solar -a leader in photovoltaic solar panel technology. • These are just a few of the companies that we have visited over the past year. The largest challenge for the City of Wheat Ridge's BRE program is keeping quality businesses in Wheat Ridge once the companies grow and expand. The commercial real estate stock in Wheat Ridge is limited in its ability to allow large scale production of goods. Wheat Ridge does not have the large industrial areas that many companies need in order to create production facilities . We do have good facilities for small scale production and research and development (R&D) companies. The problem is that once these companies complete their R&D or grow past small scale production they often need to look for space outside of Wheat Ridge. One example of just this case is PrimeStar Solar. PrimeStar Solar had a 20,000 square foot office and R&D facility in the 44th Avenue industrial park; however, once their product was ready for market they needed more space. We looked in Wheat Ridge to try and find them a space but the City of Wheat Ridge had no buildings or land that could accommodate the 100,000 square foot building they needed. PrimeStar Solar eventually moved to Arvada. Currently the Economic Development Division contacts about two businesses per month to visit in addition to staying in communication with companies who have had part BRE visits. Generally BRE visits are a team effort between the City'S Economic Development Division and JEC who support local businesses at the County and State level. City of Wheat Ridge elected officials would be more then welcome to join the Economic Development Division's BRE visits to Wheat Ridge companies. If City elected officials have an interest in joining in on some BRE visits the Economic Development Division will develop a BRE program that will incorporate elected official participation during visits. BRE programs are an essential part of any community'S economic development program. The Economic Development Division is very proud of the relationship we have been able to create and maintain for the betterment of the business community. Irjs 2 " ~ 4 .( • _ • City of. !p!: Wheat~ge ~ARKS AND RECREATION Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Mana~ FROM: Joyce Manwaring, Parks and Recreation Director DATE: May 3, 2010 SUBJECT: Park Land Acquisitions This memo provides information on the following: I) Process for acquiring parkland a. Using Jefferson County Bond Funds b. Direct purchase by City of Wheat Ridge 2) Criteria for presenting possible parcels to City Council 3) Parcels for City Council consideration ACQUISITION PROCESS Several processes have been used in the past to determine which parcels are suitable for possible acquisition by the City for use as park land or in support of park operations. JEFFERSON COUNTY OPEN SPACE BOND FUND The bond fund was created to allow cities and the cOlmty to complete acquisitions as needed when land became available. • Jefferson County funds 75% of the purchase of the parcel. The City provides a 25% match with either cash or credit for a previous acquisition made by the City with 100% 100% of city attributable share dollars. • If bond funds are to be requested, the City must follow a process set forth by Jefferson County. • This process requires a Resolution approved by City Council supporting the acquisition. • The request and approved resolution is then presented to the Open Space Advisory Committee for approval. If approved the parcel remain on a list and is labeled high, medium and low. o Current parcels on the bond fund list are Northwest Lakewood Sanitation and the parcel contiguous to the east of 44th and Kendall. Neither parcel is active at this time. City Council Memo May 3, 2010 Park Land Acquisitions o Example of acquisitions since 2000 using bond funds are: • 4300 Van Gordon -Storage yard for parks materials and trailhead for Tabor Lake • Brauer Property -Parcel contiguous to and west of 44th and Kendall. Purchase allowed access from neighborhood as opposed to 44th Avenue only • 38th and Kipling -Recommended park for underserved area • Zarlengo Property -41 51 and Miller, north of the homes and south of the creek. Contiguous open space parcel to existing open space. DIRECT PURCHASE BY CITY • The City may choose to directly purchase a parcel with their attributable share of open space funds. The only requirement is that the parcel must be used for park purposes. • Parcels were acquired using this process, prior to the Jefferson County Open Space Bond Fund initiative. • An example of this type of acquisition was the purchase of the additional land located adjacent to the Public Works Operations Shops for future use as a combined Public Works and Parks Maintenance Facility. CRITERIA FOR ACQUISITION • Parcels for City Council consideration are generally only presented if they meet the following criteria: I) Meet the goals of the Parks and Recreation Master Plan. 2) Meet the recommendations of the Neighborhood Revitalization Strategy. ISSUE From time to time the City is contacted by private property owners regarding the city 's interest in purchasing their property. These requests are always forwarded to the Department Head level. An analysis is made regarding the property; and those parcels that meet the Parks and Recreation Master Plan goals or have the ability to enhance the parks system are brought forward for City Council direction. • A recent example of this type of request was for the Perko property located adjacent to the Parks Administration Office and Anderson Park. City Council chose not to move forward with this acquisition. Some requests do not fall into the above criteria and are not brought forward for City Council consideration. • An example of this type of request is a small residential lot adjacent to the Rocky Mountain ditch at Allison Street. The parcel is not adjacent to a park and does not meet any of the goals or projects as outlined in the Master Plan. 2 City Council Memo May 3, 2010 Park Land Acquisitions POLICY DIRECTION Staff is requesting direction from City Council regarding: 1) City Council preference to receive information on every parcel that is presented to staff by private property owners, or 2) Only those parcels that meet the set of criteria as described above with one additional criteria: • Are contiguous to existing park land and or facilities regardless of whether they meet a goal in the Parks and Recreation Master Plan or the Neighborhood Revitalization Strategy. CURRENT PARCEL REOUESTS Staff is requesting City Council direction on the acquisition of the two parcels listed below. I) Brovsky Home a. This brick ranch home is located at 5495 West 27'h Avenue. The land was originally part of the Richards-Hart Estate grounds. It was subdivided by the family and a home was constructed. It is currently occupied by the descendants of one of the original Estate owners. b. See attached map and assessor sheet. Recommendation Staff does not recommend acquisition of this property: I a. Does not meet a Master Plan goal b. Park system does not have the need for a residential home c. Demolition would be required d. Additional costs required for maintenance e. Appraisal would reflect the highest and best use value which is Residential 2) Vacant land at approximately 32"d Avenue and Routt (no address assigned) a. This property is contiguous on all sides to private property. b. The Master Plan does not include a trail along Lena Gulch, which is the only potential future parks and recreation use for this property. A future trail was originally included in the proposed master plan, but due to the lack of support for a trail along Lena Gulch by residents in the area, the proposed trail was removed. c. There is potential to develop a trail along the south side of Lena Gulch in this area, between Parfet and Simms. The success of this trail project would depend on whether there are easements in place or could be obtained on other parcels east and west of this parcel. d. See attached map and assessor sheet 3 City Council Memo May 3, 2010 Park Land Acquisitions JM/dr Recommendation a. Staff recommends further investigation into what easements are already in place and the possibility of obtaining additional easements to allow a trail connection over several parcels contiguous to this parcel. b. There is not a need within the park system for the use of the entire parcel; and, therefore, staff does not recommend the acquisition of the entire parcel. ATTACHMENTS: I) Brovsky Home -Maps and Assessor Sheet 2) Vacant Land -Maps and Assessor Sheet 4 ATTACHMENT 1 :§: :::r CD Q....). . Property appraisal system GENERAL INFORMATION Schedule : 021647 Status: Active Property Address: 05495 W 27TH AVE ParcellO: 39-254-30-002 Property Type: Residential WHEAT RIDGE CO 80214 Maillng Address: SAME ADDRESS AS PROPERTY Neighborhood: 2412 -LAKESIDE, STEWART GARDENS, OUNGER GARDENS PROPERTY DESCRIPTION Subdivision Name" 440200 -:A. K..f...;•.<.., ,·-:·.·~-:)..l ' Block ILot IKey ISection ITownshlp 010 I 100B 125 (3 Assessor Parcel Maps Associated with Schedule J:~ .W 3S-254 .. p:J; PROPERTY INVENTORY IRange Quartersectlon 16s SE ota! BROVSKY Owner Name(s) BROVSKY MARIE I Land Sqft 11745 11745 Property Type RESID Design: Ranch Year Built: 1966 Adjusted Year Built: 1966 Improveme nt Number: ;~,l )m~ Item Quality No. Areas Quality Constnictlon Sqft FUll BATH Average 1 FIRST FLOOR Average M 1340 3FIX-3/4 BATH Aver~9!! 1 MAIN FIREPLCE Low 1 BSMTTOTAL Averaoe ~ COVERED PORCH Average 374 MAIN BEDROOM 3 AlTACH GARAGE Average M 483 Adjustment Code Adjustment SqFt HOT WTR HEAT 1340 BSMTHOTWTR 1223 SALE HISTORY HISTORY Sale Date Sale Amount Deed Type Reception o Death Certificate TAX INFORMATION 2009 Payable 2010 View Mill Levy Detail For Year I !.2()10 .! r 2009] Actual Value Total 243,100 2009 Mill levy Information Assessed Value Tax District 3139 otal 19,350 County 24.3460 School 48 .1450 T~<":: :>:~~!:~.~_ J.D.!~(,X~)·~ tJ:9.:' WHEAT RIDGE 1.8300 REGIONAL TRANSPORTATION DIST. 0.0000 URBAN DRAINAGE&FlOOD CONT DIST 0.5080 URBAN DRAINAGE&FlOOD C SO.PLAT 0,0610 WHEATRIDGE FJRE DIST. 4 .2570 WHEATRJOGE SAN. DIST. 0.5460 WHEATRIDGE W. OIST. 0.0000 otal 79.6930 http://www.cojefferson.co.us/ats/addressresult.do?offset=O&HouseNoF nn=5495&House.. 04/21 /201 0 ~ , I L--...JU-J 1 1 11,!! I , I, I •• I I ' III OFFICIAL ZONING MAP v-JHEAT RIDGE COLORADO M,o,P I\DOPTED -iJne 15, Iqq4 Lo~t Re.vitoion: JQrNG"y q, 1995 -ZONE DISTRICT BOUNDRY -P,o,RCELILOT BOI..NDRY (DESIGW<TES OWNERSHIPl ",,,",co,, CITY UMIT UNE ----""" TER FEA"IURE • DENOTES I'U.. TI PLE ,o,DDRESSES BROVSKY 3177 .... "" I "'~-~;;; ..... 31)0 :JII'I I 3120 3U~ II ~ I::: h ;;';; . I"" , SE 25 ~...., » n VACANT LAND ~ __ =--32NDAV=~"""-~':..·~~ .. N,," V e ~ " ~"'B ot~~~l~J-"r.~ r tv YELLOW -Vacant Land RED -City Right of Way PURPLE -Lena Gulch Easement Property appraisal system Property Information 1 OF 26 Next HlstOr'/GENERAL INFORMATION Schedule: 048540 Status: Active Parcel 10: 39-282-05-055 Property Tvpe : Vacant land Property Address: VACANT LAND Mailing Address: 01090 HOLLAND ST LAKEWOOD CO 80215 4718 Neighborhood : 2403 -APPlEWOOD VILLAGES, PROSPECT VALLEY AREAS PROPERTY DESCRIPTION Subdivision Name" 096000 -BROOKSIDE Block Lot IKev ISection ITownship Ranae uarterSection 023 I 100A 128 13 Assessor Parcel Maps Associated with Schedule map39-282.pdf SALE HISTORY Sale Date Sale Amount 08-29-1973 04 -01-1976 12-31-1984 TAX INFORMATION 2009 Payable 2010 Actual Value Land 261,130 Tot al 261,130 Assessed Value Land 75,730 Total 75,730 Trea..s.l.lfer loformatJ9n 169 Total Grat)hlc Parcel Map Deed Type 12,000 13,000 0 View Mill Levy Detail For Year 2009 Mill Levy Information Tax District Cour)ty School WHEAT RIDGE N. W. LAKEWOOD S. D1ST. REGIONAL TRANSPORTATION D1ST. URBAN DRAINAGE&FLOOD CONT D1ST URBAN DRAINAGE&FLOOD C SO. PLAT WHEATRIDGE FIRE D1ST. Total Receotion Print H~ Owner Name(s) PERRI RALPH J II PERRI DEBORAH A Land Soft Page I of I 164265 164265 MapQuest location CONVER02 CONVE~OJ 8500520g I 12010 1 12009 JI 3130 24.3460 48.1450 1.8300 7.5250 0.0000 0.5080 0.0610 4.2570 86.6720 http://www.co.jefferson.co.us/ats/displaygeneral .do?sch=048540&offset=0 4/21 /2010 I !jI i ill ~ I , ~ B (\LNO ~~ OTOIl i8 rmZIl !@O>Z(\ ~~ ~--1(j» ],~ 0 AJ 3: r ()j 00» -I>. (J)-U m , !,i I I • : Iii , I" ~ ~ § U ~ iiI~L~mlJ U> ,. ~ »I::: -rn -1 -1 {) UI ~~Lrn-1~ ~f1li!i~~~ ~ ffi~ ~ IJ ~-{ ~ ~ j-{ ~ o "lf'::-isR ~ :1 A ,,.., ..,...., I, ', ,5,8-;8' xo~» ~~ n18 rlJ ~~ ~z z L tv ()) ,~ "...,. :sr /\ LLi I 1 1 Iii 'C,.. !J l1.m i jill ": . ;~ .. , ,,,,. [ Jil "~ [ ii 11410 ij " , B ~~ J{) . .. . '\ (ll \ 11~ II :~ . <;\, ",.. II ... \ II,' 1IUS .. . ,. F .'. m Ol G;j c.;;.1 11: ) 1~ .. ,., ~. ~ -----1 ~ APPLEv..IOOD NOLLS 12 H ' ,,< ,,"J J27~ 1'15-0-J.l41 Jot' 1~ __-1.L';;!-E~~~~~~~~17~"~ r [ , j l204 f +'~'J274' 1: :L S . ... , '. '.'!' . 'l 0 II )0 ...... , ..... :, r I~ tJ I .. .... ~~ . .'::':'':''.:<: < \~ :t ~ ii! ~ » /U '::::::: :: "'00 ~ m "1 I ,. " [[ :,' . . . . . • >%: L i:1 '"71 ',«'. 0'" IV ~q: I a PI«I"eT ~T --'.ill< f->500 ,.,., r ~~~~.-__~ _~ ~ ___. -~y-____________~ '=.., ., ' ~~ 5T ~ 3520 , W 3741 \ -l l r f+eilL .3 City of K WheatP--Ldge ~OllCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Randy Young, City Manag~ FROM: Daniel Brennan, Chief of Police DATE: May 3, 2010 SUBJECT: Revised Smoking Ordinance ISSUE The State of Colorado adopted the Colorado Clean Indoor Air Act as a means to protect citizens, particularly employees, from the dangers of secondhand smoke. Although this act made a significant impact on the amount of exposure non-smokers have to secondhand smoke, there are entities that feel more should be done. One such entity is the Tobacco Prevention Initiative (TPT) Team of Jefferson County Public Health (JCPH). On October 5, 2009, the TPI Team made a presentation to City Council during a study session and outlined nine areas where they felt the Colorado Clean Indoor Air Act should be strengthened in Wheat Ridge. Those a,reas were: I . Removing the exemptions for retail tobacco businesses 2. Removing the exemption for cigar bars 3. Removing the exemption for bar and restaurant restaurant patio areas 4. Making outdoor transit shelters smoke-free 5. Increasing the smoke free perimeter around entranceways from 15 feet to 25 feet 6. Prohibiting entry of minors into tobacco businesses 7. Removing the exemption of non-public areas of businesses with three employees or fewer 8. Making outdoor public areas smoke-free 9. Taking steps to reduce youth access to tobacco A copy of JCPH's recommendations is attached for your review. At that time, City Council directed staff to look at: (1) incorporating the nine recommendations from JCPH into a draft ordinance within the next six months, to (2) include infonnation on resource impacts, and (3) getting input from businesses or business groups. Revised Smoking Ordinance May 3, 2010 Page 2 of3 FINANCIAL IMPACT The Police Department does not anticipate a significant increase in the collection of fines if this ordinance is revised based on current calls for service data; however, resources for community outreach, ordinance development and enforcement action will need to be expended. BACKGROUND Currently the City of Wheat Ridge has no ordinance that augments the Colorado Clean Indoor Air Act; the department relies solely on the state statute to take enforcement action. The communities of Arvada, Golden, Lakewood and Westminster all have municipal ordinances specific to the Clean Indoor Air Act. At the time of this report, the City of Arvada has the most restrictive ordinance specific to smoking in public places. The City of Lakewood is currently reviewing their ordinance and has referred suggestions to reduce juvenile access to tobacco products to the City' s Youth Commission. Staffhas worked with the City Attorney's Office on a draft ordinance that incorporates the nine recommendations made by JCPH. A draft ordinance is attached for your review. Of the nine recommendations, four address removing exemptions that exist under state statute. The first concerns the exemption for businesses whose primary function is the sale of tobacco products. This exemption would still allow the sale of tobacco product businesses but would disallow such businesses as hookah bars. Cigar bars would no longer be exempt. This would not affect any current business within the City. Patio areas of restaurants and bars would no longer be exempt. State statute is vague regarding what constitutes a "patio" versus an "enclosure," so any effort to expand and clarify these definitions would be helpful in defining clear expectations for businesses and enforcement of violations. The removal of this exemption would still allow the primary business to operate. Non-public areas of businesses with three employees or less would no longer be exempt. This would not affect the primary business, but it is unclear how many businesses in Wheat Ridge fall into this category. The three remaining recommendations create new areas where smoking is prohibited. They include outdoor transit shelters and platforms, within twenty-five feet of a public entrance or air exchange, and an all-inclusive "outdoor public area" recommendation. If the outdoor public area recommendation is considered, it includes areas such as public transit platforms. The last recommendation from JCPH is a restriction prohibits youth under the age of eighteen from entering a tobacco business. Included in this recommendation is a requirement that all tobacco products be placed behind counters and signage warning of the laws against selling to minors be displayed. Council may also choose to take this recommendation further and enact a prohibition on the possession oftobacco by a minor. This would augment the existing state statute by adding a punishment to this status offense. Revised Smoking Ordinance May 3, 2010 Page 3 of3 Lastly, City staff has researched a variety of educational outreach models to determine the impacts of the proposed ordinance. At the local level, elected officials playa critical role in public health through the development and implementation of regulations and ordinances created to make the community a safer place. The main arguments against local ordinances restricting smoking in public places include the perceptions of lost revenue and a person's freedom of choice in deciding to smoke. In 200 I, a national study of smoke-free laws concluded there was a positive impact on restaurants. A similar study on bars and hotels found that there were no negative effects resulting from smoke-free laws. The City of Arvada reported increased revenue from their restaurants and lounges after adopting their ordinance. The TPI Team has offered to assist with our education efforts. If an ordinance is enacted, staff recommends an educational approach similar to our efforts with off-street parking. Over the past three years, the Police Department has responded to 12 calls for service related to the state statute, and issued seven County Court summonses. This is a minor outlay of resources required to enforce the statute. The Police Department has used substantially more resources in addressing youth smoking issues associated with Wheat Ridge High School banning smoking on their campus. The department does not anticipate a significant impact to resources if the proposed ordinance is adopted. Lastly, any efforts defining what constitutes a "patio" versus an "enclosure," would be helpful. AL TERNA TlVES I. Council can continue to rely solely on the Colorado Clean Indoor Air Act. 2. Council can enact an ordinance that augments the Colorado Clean Indoor Air Act, incorporating all of the recommendations offered by JCPH. 3. Council can enact an ordinance the takes into considerations some, but not all, of JCPH's recommendations. 4. Council can enact an ordinance that goes beyond the recommendations of JCPH, and prohibits the possession of tobacco by minors. RECOMMENDATION City staff is requesting Council direction regarding the proposed ordinance and proposed alternatives. Depending on this direction, staff can begin work on a community outreach and education program, and bring a revised ordinance to City Council for action. DPIDB ATTACHMENTS: I. Draft Ordinance TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. ____ _ Ordinance No. ____ _ Series of 2009 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 9 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING SMOKING IN PUBLIC PLACES WHEREAS, the City of Wheat Ridge (the "City'), acting through its City Council (the "Council"), has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, pursuant to this authority, the Council has previously enacted Article II of Chapter 9 of the Wheat Ridge Code of Laws (the "Code"), concerning smoking in public places; and WHEREAS, the Council has considered presentations from Jefferson County Public Health, Wheat Ridge High School and Exempla Lutheran concerning the impact of local smoking regulations, particularly in regards to juvenile use and possession of tobacco; and WHEREAS, the Council finds that prohibiting smoking in a broader array of public places, including all restaurants and bar areas, and in all places of employment, significantly reduces the risk of involuntary exposure to second-hand smoke to those employees, servers and other members of the public who choose not to smoke; and WHEREAS, any reduction in involuntary exposure to second-hand smoke enhances and improves the health, environment and comfort of Wheat Ridge citizens and visitors; and WHEREAS, the Council further finds that reducing youth exposure to tobacco and others smoking tobacco reduces the chances of modeling and normalizing of tobacco use, thus decreasing the chances that youth will begin smoking; and WHEREAS, the Council finds that amending said Article II of Chapter 9 to incorporate the changes set forth herein will protect the health, safety and welfare of City citizens and visitors. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article II of Chapter 9 of the Wheat Ridge Code of Laws, concerning smoking in public places, is hereby amended as follows: ARTICLE II. SMOKING IN PUBLIC PLACES Sec. 9-21. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ATTACHMENT 1 Common area means any lobby, mall or hallway open or accessible to members of the public who enter such common area as invitees. Employee means a person who is paid a wage or salary by an employer and who works in the enclosed premises of an employer. Employer means any person, partnership, corporation, association or other entity, and the owner, manager, person in charge or proprietor thereof, engaged in a business, occupation, profession or trade, whether or not said business, occupation, profession or trade is conducted for profit, and includes any public or governmental entity. Enclosed premises means a building or structure comprised of a roof, four (4) walls and a means of ingress and egress. Public place means any indoor or outdoor sAGlesss, iAseer facility or area that is open to members of the public who enter such area or facility as invitees, including, but not limited to, mercantile establishments, restaurants, ~ theaters, financial institutions, educational facilities, hospitals, health care facilities and institutions, libraries, auditoriums, arenas, assembly or meeting rooms, public conveyances, public transportation facilities. including open air and partially-enclosed or completely-enclosed shelters. platforms. benches and other areas designated for public use to wait for public transportation, governmental buildings, office buildings, restrooms, elevators, child care centers, aM waiting rooms of professional persons, parks. trails. playgrounds golf courses. gaming facilities. laundromats. retail food production and marketing establishments. retail service establishments. retail stores. retail tobacco businesses and shopping malls. 'NarJ( a::ea FReaRS any eRslQse~ J';lreFRises essl:J(3ies (3rinGipally by 8FAJ';lleyees. Smoke or smoking means the possession of a lighted cigarette, cigar or pipe containing tobacco or other organic burning matter, regardless of its composition, or the lighting of such cigarette, cigar or pipe by any person. Tobacco means cigarettes. cigars. cheroots. stogies and periques: granulated. plug cut crimp cut ready rubbed. and other smoking tobacco' snuff and snuff flour: cavendish: plug and twist tobacco' fine-cut and other chewing tobacco' shorts refuse scraps. clippings. cuttings. and sweepings of tobacco: and other kinds and forms of tobacco. prepared in such manner as to be suitable for chewing or for smoking in a cigarette. pipe or otherwise. or both for chewing and smoking, "Tobacco" also includes cloves and any other plant matter or product that is packaged for smoking, Tobacco business means a sole proprietorship. corporation. partnership. or other enterprise engaged primarily in the sale. manufacture. or promotion of tobacco. tobacco products. or smoking devices or accessories. either at wholesale or retail and in which the sale. manufacture. or promotion of other products is merely coincidental. including but not limited to. cigarette stores. hookah bars and smoking lounges 2 Tobacco paraphernalia means cigarette papers or wrappers. aiDes. holders of smoking materials of all types cigarette rolling machines. and any other item designed for the smoking or ingestion of tobacco products. Tobacco retailer means any person who sells. offers for sale. or does or offers to exchange for any form of consideration. tobacco or tobacco paraphernalia regardless of what percentage of the retailer's revenue is generated by such sales or exchanges and regardless of the amount of the quantity of tobacco or paraphernalia sold. offered for sale. exchanged or offered for exchange Work area means any enclosed premises occupied principally by employees Sec. 9-22. Legislative intent. The city council finds, determines and declares that the smoking of tobacco or of any other plant or weed in certain areas is a form of air pollution that threatens the health, safety and welfare of the public. The city council deems it necessary to regulate smoking in common areas, public places and work places, except as smoking is otherwise permitted in designated smoking-permitted areas by this article. The provisions of this article shall not apply to an individual dwelling as defined in the zoning ordinance. Sec. 9-23. Penalty for violation. Any person violating any proVision of this article shall be guilty of a misdemeanor, and, upon conviction of such violation, shall be subject to a fine of not less than twenty-five dollars ($25.00) and not more than one thousand dollars ($1,000.00). Each day of a continuing violation shall be deemed to be a separate violation and shall be punishable as such. Sec. 9-24. Smoking permitted in certain places. Consistent with the terms of this Article. sSmoking is permitted in the following places: (1) Qesi!jnates sfflekin!j l3erfflittes areas. (2) TAe lisenses I3refflises ef any estaslisAfflent isslles a lisense te sell ferfflentes fflalt se'lera!jes fer SenSllffll3tien en tAe I3refflises, as 13F9'Ases in tAe eelerase Qeer eese [e.RS. § 12 4e 101 et se{1.]. (d) TAe lisenses wefflises ef any estaslisAfflent isslles a seer er wine lisense, tavern lisense er SillS lisense as 13F9'1ises in tAe eelerase bi{1ller eese [e.RS. § 12 47 101 et se{1.], (4) Retail steres wifflarily en!ja!jes in tAe sale ef tesasse er tesasse assesseries. (a) Restallrants witA a seatin!j sal3asity ef tAirty (dO) er fewer l3atF9ns. (e) Ensleses I3refflises eSSlll3ies e*slllsi~'ely sy sfflekers. 3 (1+) Meetings or assemblies not open to members of the public; provided, however, that no such meeting or assembly is conducted in a public place. (2) Within private vehicles travelling on the public right-of-way, Sec. 9-25. Smoking prohibited. (a) It shall be unlawful for any person to smoke in any of the following areas; SSR'lR'lSR area, ~I,lslis ~Iase sr \'Isrk area, ellse~t as sthe""\Iise ell~ressly ~erR'littes sy this artisle. (1) Common area (2) Public place (3) Work area. regardless of the number of employees who regularly occupy or use such area (4) In the oublic right-of-way lincluding sidewalks tree lawns and alleys) adjoining hospitals and other hospital-owned properties or properties leased by any hospital up to the closest flow line, This prohibition does not apply to persons in moving vehicles IS) Within twenty-five feet 125') of all entrances to enclosed areas and outdoor areas where smoking is prohibited Ib) It shall be unlawful for any owner, lessee. principal manager or person in charge of of any area or place where smoking is prohibited pursuant to subsection la) above to permit smoking in 'such area or place, The feliswiR€I are heresy SeSi€lRates as "sR'lskiR€I ~erR'littes" areas: (1) In S8FAFR8R areas, an area 8f sl:Jffisient size, in the sissretion of tRB O¥o'R8F, lessee, priRsipal R'laRa€ler sr ~erssR iR shaF€je, ts asssR'lR'lssate ~atreRs, Gl,lstSR'lers aRs eR'lplsyees whs \'Iish ts sR'lske; ~rs'lises, that aR area RSt ellseesiR€I fsrty (41;)) ~erseRt sf the tstal SSR'lR'lSR area is ss sesi€lRates as a SR'lskiR€I perR'littes area; (2) IR restal,lraRts with a seatiR€I Ga~aGity sf sver thirty (31;)) ~erssRs, the SWRer, ~rsJlFietsr sr perssR iR Ghar€le shall SeSi€lRate a SR'lskiR€I ~erR'littes area sf sl,lffisieRt size ts asssR'lR'lssate, withsl,lt I,lRreassRasle selay, patrsRs whs reEll,lest ts se seates iR sl,lsh a SR'lskiR€I ~erR'littes area. A selay shall se seeR'les reassRasle if it is eEll,lal fer sR'lskers aRs RSRSR'lskers; (3) In work areas, an area sf sl:Jffisient size, in the siSsFatioA of the owner, lessee, JlFiRsi~al R'laRa€ler sr ~erssR iR shar€le, ts asssR'lR'lssate eR'l~leyees whs wish ts sR'lske; ~re'/ises, that aR area RSt ellseesiR€I ferty (4Q) ~erseRt sf the tstal wsrk area is ss SeSi€lRates as a SR'lskiR€I perR'littes area. Sec. 9-26. Posting of signs. 4 To advise persons and employees of the existence of no-smoking ar sR'lakin!j ~arR'liltaEl areas, signs with letters no less than one (1) inch high or symbols of no less than three (3) inches high shall be posted as follows: (1) No owner, lessee, principal manager or person in charge of a~ saR'lR'lan area Q[ , ~I,ll:llis place ar \'lark area where smoking is prohibited in an enlire eslal:llisRR'lenl shall fail to post a sign using the words "No Smoking" or the international no-smoking symbol conspicuously either on all public entrances or in a position clearly visible upon entry into the jWbIiG area or place. (2) ~Ia a ..... ner, lessee, ~rinsi~al R'lana!jer ar ~ersan in sRar!je af a ~I,ll:llis ~Iase ..... Rere sertain areas are Elesi!jnaleEl as sR'lakin!j areas ~I,lrsl,lanl la IRis artisle sRall fail la ~asl a si!jn I,lsin!j IRe warEls "~Ia SR'lakin!j E){se~1 in Oesi!jnaleEl I\reas" sans~isl,lal,lsly eilRer an all ~I,ll:llis enlranses ar in a ~asilian slearly '/isil:lle an enlry inla IRe ~I,ll:llis ~Iase. (3) ~Ia eR'l~layer in sRar!je af '/lark areas ..... Rere sR'lakin!j is ~erR'lilteEl sRall fail la ~asl a si!jn I,lsin!j IRe ..... arEls "~Ia SR'lakin!j E){se~1 in Oesi!jnaleEl Areas" in a sans~isl,lal,ls ~Iase ' .... iIRin IRe ..... ark area. (4) ~Ia eR'l~layer in sRar!je af '.'lark areas '.'IRere sR'lakin!j is ~raRil:lileEl in an enlire '.'lark area sRall fail la ~asl a si!jn I,lsin!j IRe '.'IarEls "~Ia SR'lakin!j" ar IRe inlernalianal na sR'lakin!j sYR'll:lal in a sans~isl,lal,ls ~Iase '/IilRin IRe ..... ark area. Sec. 9-27. Discrimination or retaliation prohibited. It shall be unlawful for any employer, proprietor or person in charge of common areas, public places or places of employment regulated under this article to discharge, discriminate againSt or in any manner retaliate against any person who requests the designation of smoking areas and/or the enforcement of the provisions of this article. Sec. 9-28. Tobacco businesses; minors prohibited. signs required. (1 \ It shall be unlawful for any person under the age of eighteen (18\ years to be admitted to or be on the premises of a tobacco business (2\ The owner. operator. manager or other person who controls a tobacco business shall post and keep at all times visible to the public in a conspicuoUS place on the premises. a sign which shall read as follows· WARNING· It is illegal for any person under the age of eighteen (18\ years to be on the premises of this business and. upon conviction. a fine may be imposed Sec. 9-29. Self-service and samples of tobacco prohibited. 11 \ It is unlawful for any tobacco retailer or tobacco business to display tobacco products by means of a self-service display or to otherwise engage in the sale or service of tobacco by means of a self-service display 5 (2) It is unlawful for any tobacco retailer or tobacco business to distribute free samples of tobacco products. SeGs. 9 28, 9 29. ReS9FY9o. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect on August 31 , 2009 as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ _ day of , 2009, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 10, 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to , this day pf , 2009. f SIGNED by the Mayor on this ____ day of _________ , 2009. Jerry DiTullio, Mayor ATIEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript 6 Consideration of Local Action to Further Protect Communities from Secondhand Smoke in Jefferson County Background: Strong, comprehensive, and effective smoke-free public place and workplace laws prohibit smoking in all workplaces and public places, and are considered by the Centers for Disease Control and Prevention to be priority Best Practice strategies to reduce death and disease caused by tobacco use and secondhand smoke exposure (SHS). The Colorado Clean Indoor Air Act (C(fM) does not meet the standard as a strong, effective law, according to the World Health Organization's Framework Convention on Tobacco Control and the Global Smoke Free Partnership. Rather, as a moderately strong law, the CCIM helps prevent disease and premature death in Colorado by making most workplaces and indoor public places smoke-free. Research complied by the Campaign for Tobacco Free Kids has found that prohibiting smoking in workplaces and public places also helps reduce youth initiation of tobacco use and supports adults in in quitting by helping to "de-normalize" smoking. The CCIM is not considered a comprehensive law because not all workplaces or public places are covered by the intended protections in the law. In addition to limiting the health impact of the law, exemptions and lack of clarity in the language of the C(fM have made areas of the law difficult to interpret, comply with, and enforce. An unintended consequence of the limitations and lack of clarity in the law is that thousands of workers and the public continue to be exposed to the toxic effects of SHS in our communities. In response to this, many jurisdictions across the State have taken or are in the process of taking action to strengthen the law at the local level by clarifying language and removing exemptions, both for the benefit of public health and to make enforcement simpler. In October of 2008, the City of Arvada strengthened its law by removing an exemption for tobacco businesses. Closing this loophole helps protect workers and employees in these businesses and stops the proliferation of hookah bars and other smoking lounges. Efforts to strengthen smoke-free laws at the local level are both possible and advised and, according to the Group to Alleviate Smoking Pollution (GASP) in Colorado more than 30 communities have enacted local laws that are stronger than the State law. Our State's lawmakers specifically intended and included a provision in the language of the CCIM so that the law may be strengthened to assure that the goal of protecting the public and workers from SHS be maintained and expanded as needed at the local level. JCPH is providing the following summary related to the CCIM as a guide to consider policy actions that address exemptions and clarify language in the State law at the local level to increase protection from secondhand smoke, de-normalize tobacco use and prevent youth initiation, and provide further benefit to the health of the workforce, residents and visitors in Jefferson County. Items A -F: Describe the exemptions that should be removed and parts of the CCIAA that need clarifying language. A. Exemptions for "Tobacco Businesses" (aka "Tobacco/Smoke Shops", Pipe/Tobacco shops, smoking lounges, hookah bars, etc.) -This exemption enables tobacco retail businesses to allow patrons to sample tobacco products (usually loose and pipe tobacco) prior to purchasing. It was not the intent of the law to allow tobacco retail businesses to become "smoking lounges". Concerns: As a consequence of this exemption, the door is open for tobacco businesses to become/operate a smoking lounge. Some create special seating, Internet access, and limited beverage and snack service. A particular type oftobacco business known as a "hookah bar" has become a highly popular hangout for youth and young adults, and the number of these businesses has been increasing in our communities. There has also been an increase in the number of nuisance complaints from residents living near these establishments as well as from conjoined businesses resulting from SHS intrusion from' these lounges. Recommendations: Remove the exemption for tobacco-businesses. Local jurisdictions, while continuing to allow tobacco businesses to sell tobacco products, have removed this exemption by making tobacco businesses, including hookah bars, cigar lounges, cigarette shops, etc., smoke-free to protect workers and patrons. This action also helps cease the proliferation and conversion of tobacco businesses into smoking lounges, such as of hookah bars, thus reducing youth access to tobacco products. The Cities of Greeley and Arvada have removed the smoke-free exemption for these businesses and Arvada has also strengthened protections for youth by prohibiting entry of minors into these establishments (see G, below). In communities where hookah bars are operating, several options exist which allow these businesses to operate with limits (grandfathering plus limiting smoke intrusion into neighboring businesses, for example), while stopping the proliferation of new hookah bars and smoking lounges. However, public health evidence strongly supports fully removing the exemption for all tobacco businesses, including hookah bars, without any exceptions. In the City of Wheat Ridge: The Department of Revenues' Tobacco Enforcement Unit estimates that there are four (4) known tobacco businesses in Wheat Ridge, at least two of which have converted areas of their store into smoking lounges. It is probable that a number of otherestablishments operating as tobacco businesses are taking advantage ofthe lack of controls and allow smoking and/or have converted to smoking lounges, "under the radar". The greatest majority of these businesses do not need to permit smoking in their establishments in order to conduct business. B. Exemption for "Cigar Bars" -This exemption allows for traditional, established cigar bars to continue as smoking-allowed until the close or sale of these businesses. Concerns: It was not the intent to allow bars/taverns or other establishments not previously known/operating as cigar bars to use this exemption. A number of requirements were set forth in the Act to determine qualification as a cigar bar, including the requirement that the proprietor have proof of revenue generated as of December 31, 2005 from the rental of a humidor (for temperature-regulated storage of patrons' fine cigars). Businesses claiming to be cigar bars continue to operate in our County, despite the fact that a) many of these establishments were not known as a cigar bars prior to December 31, 2005, and/or do not appear to meet all provisions for claiming exemption, b) smoke from these establishments intrudes into neighboring businesses, affecting workers and patrons, and c) local building code ventilation requirements are not being consistently applied for these, and other smoking-allowed establishments. In several municipalities, citations have been effectively disputed by owners of these establishments, because of lack of clarity clarity of the law's language, resulting in unnecessary and costly city staff time. Recommendations: Remove the exemption for cigar bars. Several municipalities across the State have passed ordinances allowing no exemptions for cigar bars (e.g., Arvada and Greeley); these establishments can continue operating, but must be smoke-free, just as other bars are. In the City of Wheat Ridge: The there is no known bar claiming the exemption as a cigar bar, however, as there is no requirement to register such establishments with the City, County or DOR, it is possible that these establishments may be operating. living near these establishments as well as from conjoined businesses resulting from SHS intrusion from these lounges. Recommendations: Remove the exemption for tobacco-businesses. Local jurisdictions, while continuing to allow tobacco businesses to sell tobacco products, have removed this exemption by making tobacco businesses, including hookah bars, cigar lounges, cigarette shops, etc., smoke-free to protect workers and patrons. This action also helps cease the proliferation and conversion of tobacco businesses into smoking lounges, such as of hookah bars, thus reducing youth access to tobacco products. The Cities of Greeley and Arvada have removed the smoke-free exemption for these businesses and Arvada has also strengthened protections for youth by prohibiting entry of minors into these establishments (see G, below). In communities where hookah bars are operating, several options exist which allow these businesses to operate with limits (grandfathering plus limiting smoke intrusion into neighboring businesses, for example), while stopping the proliferation of new hookah bars and smoking lounges. However, public health evidence strongly supports fully removing the exemption for all tobacco businesses, including hookah bars, without any exceptions. In the City of Wheat Ridge: The Department of Revenues' Tobacco Enforcement Unit estimates that there are four (4) known tobacco businesses in Wheat Ridge, at least two of which have converted areas of their store into smoking lounges. It is probable that a number of other establishments operating as tobacco businesses are taking advantage of the lack of controls and allow smoking and/or have converted to smoking lounges, "under the radar". The greatest majority of these businesses do not need to permit smoking in their establishments in order to conduct business. B. Exemption for "Cigar Bars" -This exemption allows for traditional, established cigar bars to continue as smoking-allowed until the close or sale of these businesses. Concerns: It was not the intent to to allow bars/taverns or other establishments not previously known/operating as cigar bars to use this exemption. A number of requirements were set forth in the Act to determine qualification as a cigar bar, including the requirement that the proprietor have proof of revenue generated as of December 31,2005 from the rental of a humidor (for temperature-regulated storage of patrons' fine cigars). Businesses claiming to be cigar bars continue to operate in our County, despite the fact that a) many of these establishments were not known as a cigar bars prior to December 31, 2005, and/or do not appear to meet all provisions for claiming exemption, b) smoke from these establishments intrudes into neighboring businesses, affecting workers and patrons, and c) local building code ventilation requirements are not being consistently applied for these, and other smoking-allowed establishments. In several municipalities, citations have been effectively disputed by owners of these establishments, because of lack of clarity of the law's language, resulting in unnecessary and costly city staff time. Recommendations: Remove the exemption for cigar bars. Several municipalities across the State have passed ordinances allowing no exemptions for cigar bars (e.g., Arvada and Greeley); these establishments can continue operating, but must be smoke-free, just as other bars are. In the City of Wheat Ridge: The there is no known bar claiming the exemption as a cigar bar, however, as there is no requirement to register such establishments with the City, County or DOR, it is possible that these establishments may be operating. C.' Lack of clarity around smoking in certain bar/restaurant patio areas -The CClAA prohibits smoking in most public indoor areas. There has been a proliferation of partially enclosed patio areas where smoking occurs. Even though the CClAA defines that an indoor area does include "any enclosed area, or portion thereof, the opening of windows or doors or the temporary removal of wall panels does not convert an indoor area into an outdoor area," business owners are permitting smoking in these enclosures. Concerns: Outdoor exposure for workers and non-smokers, alike is a hazard. The completed studies on outdoor tobacco smoke exposure are uniform in their assessment that exposure to outdoor tobacco smoke can sometimes rival exposure to secondhand smoke occurring indoors. There has been an increasing number of bar/restaurant "patio enclosures" that allow smoking. The diversity of interpretations of the definition of "enclosed area" has caused enforcement of this stipulation of the law to be extremely difficult. Patrons and employees entering these areas are exposed to high levels of SHS. Recommendation: Require all patio areas adjacent to bars and restaurants where patrons gather to consume their food or beverages (regardless of any partial/temporary enclosure) to be smoke-free areas. Several communities, including Arvada, Louisville, and Broomfield have enacted strong patio area stipulations in their laws. Improving the clarity and specificity of the definition of an "enclosed area", is also recommended and has been recently accomplished in the City of Boulder, which defines any structure with more than two walls and a roof an "indoor" area. This definition results in most bus shelters being smoke-free. We also strongly recommend that all transit shelters and platforms be made smoke-free (See G, below) • . D. Lack of clarity around smoke-free entranceway perimeters -The CCIAA stipulates that there will be no smoking within 15 feet of the "main (one) entrance". This has allowed smoking at multiple entrances of many many buildings at a distance that is not adequate to prevent exposure. Additionally, since smoke-free signage was not a requirement of the law, smoking at entranceways goes unchecked in many places. Concerns: The work to determine a minimum standard for smoke-free entranceway "buffer zones" has been led by James Repace and other researchers, including Neil Kleipis at Stanford University. Their work has identified a 20 foot smoke-free entranceway buffer as the minimum adequate distance. The lack of clarity in the CCIM has allowed harmful areas of dense smoke at some building entranceways as well as intrusion of SHS into workplaces and public places, exposing workers and patrons to the hazards of SHS . . Recommendation: Increase the smoke-free perimeter around all public entrances to 25 '. Which is slightly exceeds the "minimum adequate" distance of 20' and is consistent with the City of Arvada's smoke-free law. We also strongly recommend adding a requirement that business owners and property managers post signage regarding smoke-free entranceways and to add language in the law to include all intake vents and other air exchange sources within the 25' smoke-free zone to assure that smoke is not easily drawn back into the building. E. Exemption for non-public access businesses with three or fewer employees -This exemption allows worker exposure to toxic smoke as well as smoke intrusion into neighboring businesses. Concerns: Individuals who visit, even if infrequently, or do business in the establishment (such as cleaners, bookkeepers, maintenance staff, etc.) are also exposed to the dangers of SHS. This exemption is also allowing new business to open as smoking-allowed "private clubs" Recommendation: Eliminate the exemption and treat all business equally, regardless of number of employees or non-public access. Items F -H are recommended as important tobacco control measures and are consistent with tobacco control research and policy trends across the nation. F. Including certain outdoor public areas as smoke-or tobacco-free, including public transit shelters and platforms, public right of ways adjoining hospitals, parks, trails, playgrounds, beaches, outdoor recreation/entertainment areas, athletic fields, and service lines is merited for several reasons. Research shows that outdoor smoke exposure can be a significant health threat, particularly for youth, those suffering from asthma or other respiratory conditions and those who are medically compromised. Additionally, many outdoor public places support activities involving infants and youth (public pools, parks, playgrounds, athletic fields, etc.); requiring these to be smoke-free reduces exposure to SHS, reduces influential adult modeling of smoking and may help with reducing the risks of infant contact with toxic cigarette butt litter. The City of Arvada includes these areas (including city-owned golf courses and skating rinks) in their smoke-free law. The city of Las Animas (in Bent County, Colorado) recently made these outdoor areas fully "tobacco-free" in order to minimize youth exposure to all forms of tobacco. Jefferson County Public Schools prohibit the use of all forms of tobacco on their grounds and prohibit minors from possession all forms of tobacco while on grounds or at school sponsored events. In states with longer-standing tobacco control programs and laws, it is now normative to include these outdoor areas in their smoke-free workplace and public place laws (for example, as of July, 2009, across the nation 429 local jurisdictions have laws making parks smoke-free, and 139 make outdoor transit shelters/platforms smokefree). In addition to the Colorado communities of Arvada and Las Animas, several other communities (i.e., Steamboat Springs, Summit County, Denver, TImnath, Greeley, Avon, Eagle County, City and County of Broomfield) include some outdoor public areas in their local laws. Recommendation: At a minimum, public transit shelters and platforms, public right of ways adjoining hospitals and all public outdoor areas supporting youth-involved recreation, sporting, entertainment and educational activities should be made smoke-free. Prevalence of otherforms oftobacco use should be considered to inform decisions about making these areas tobacco-free, as well. G. Entry of minors into tobacco businesses is currently allowed by law -There is currently no stipulation in the CCIAA prohibiting minors from entry into tobacco businesses, though the Teen Tobacco Use Prevention Act (TTUPA, effective July, 2008) makes possession of tobacco (containing) products by minors illegal. Concern: In addition to minors' exposure to SHS, exposure, minors are exposed to the highly effective marketing tactics ofthe tobacco companies and are influenced to see tobacco use as "normal" or glamorous. Recommendation: Anyone under the age of 18 be prohibited from entering into tobacco businesses. People under the age of 18 are prohibited from entering tobacco retail businesses in Arvada and Pueblo. Even in communities with smoking-allowed tobacco businesses, prohibiting minors reduces the normalization of tobacco use for youth. This provision will help minimize one source of tobacco advertising and "normalizing" messages from reaching youth. H. Provisions to further reduce youth access to tobacco products and minimize the impact of tobacco marketing influences on youth -In addition to strengthening the provisions of smoke-free public/workplace laws, much can Recommendation: Eliminate the exemption and treat all business equally, regardless of number of employees or non-public access. Items F -H are recommended as important tobacco control measures and are consistent with tobacco control research and palicy trends across the nation. F. Including certain outdoor public areas as smoke-or tobacco-free, including public transit shelters and platforms, public right of ways adjoining hospitals, parks, trails, playgrounds, beaches, outdoor recreation/entertainment areas, athletic fields, and service lines is merited for several reasons. Research shows that outdoor smoke exposure can be a significant health threat, particularly for youth, those suffering from asthma or other respiratory conditions and those who are medically compromised. Additionally, many outdoor public places support activities involving infants and youth (public pools, parks, playgrounds, athletic fields, etc.); requiring these to be smoke-free reduces exposure to SHS, reduces influential adult modeling of smoking and may help with reducing the risks of infant contact with toxic cigarette butt litter. The City of Arvada includes these areas (including city-owned golf courses and skating rinks) in their smoke-free law. The city of las Animas (in Bent County, Colorado) recently made these outdoor areas fully "tobacco-free" in order to minimize youth exposure to all forms of tobacco. Jefferson County Public Schools prohibit the use of all forms of tobacco on their grounds and prohibit minors from possession all forms of tobacco while on grounds or at school sponsored events. In states with longer-standing tobacco control programs and laws, it is now normative to include these outdoor areas in their smoke-free workplace and public place laws (for example, as of July, 2009, across the nation 429 local jurisdictions have laws making parks smoke-free, and 139 make outdoor transit shelters/platforms smokefree). In addition to the Colorado communities of Arvada and las Animas, several other communities (Le., Steamboat Springs, Summit County, Denver, TImnath, Greeley, Avon, Eagle County, City and County of Broomfield) include some outdoor public areas in their local laws. Recommendation: At a minimum, public transit shelters and platforms, public right of ways adjoining hospitals and all public outdoor areas supporting youth-involved recreation, sporting, entertainment and educational activities should be made smoke-free. Prevalence of other forms of tobacco use should be considered to inform decisions about making these areas tobacco-free, as well. G. Entry of minors into tobacco businesses is currently allowed by law -There is currently no stipulation in the CCIAA prohibiting minors from entry into tobacco businesses, though the Teen Tobacco Use Prevention Act (TTUPA, effective July, 2008) makes possession of tobacco (containing) products by minors illegal. Concern: In addition to minors' exposure to SHS, exposure, minors are exposed to the highly effective marketing tactics of the tobacco companies and are influenced to see tobacco use as "normal" or glamorous. Recommendation: Anyone under the age of 18 be prohibited from entering into tobacco businesses. People under the age of 18 are prohibited from entering tobacco retail businesses in Arvada and Pueblo. Even in communities with smoking-allowed tobacco businesses, prohibiting minors reduces the normalization of tobacco use for youth. This provision will help minimize one source of tobacco advertiSing and "normalizing" messages from reaching youth. H. Provisions to further reduce youth access to tobacco products and minimize the impact of tobacco marketing influences on youth -In addition to strengthening the provisions of smoke-free public/workplace laws, much can be done to reduce youth initiation of tobacco. Laws which require all tobacco products be placed behind counters, out of view of patrons (in visually occluded cabinets, for example), helps reduce youth tobacco use and adult consumption. This youth access law also helps reduce the influence of tobacco displays which "double" as powerful marketing/promotion devices. Requiring tobacco retailers to be licensed is a cost effective means to reduce illegal sales of tobacco. Other "youth access" laws include prohibiting distribution of free tobacco product samples and discount coupons in communities. The cities of Greeley, Salida, Lamar and Arvada have variations of this prohibition in their local laws. Many communities in our State and many states across the nation have effectively implemented various versions of youth access laws and are seeing further reductions in youth and adult tobacco use. Recommendation: Efforts should be undertaken to address youth access to tobacco at multiple levels, including through formal laws and voluntary policies. Statewide tobacco control organizations should be contacted to help assess community need and to identify youth access laws showing greatest impact on youth initiation. Including components of youth access laws into local smoke·free laws is a good first step to more comprehensive policy approaches. Currently, coalitions are organized and rallying to support their policymakers in several communities across Colorado to take steps to strengthen ordinances which may include many of the provisions addressed, above. The public health benefits of these local laws are significant and tobacco control staff in local health agencies is available to assist with education, awareness and other activities to support the policy campaign process. For more information, contact the following: Tobacco Prevention Initiative at Jefferson County Public Health: Susan.Sobkoviak-303-275-7558 email: sksobkov@jeffco.us Ed Ellis -303-275-7565 email: ejellis@jeffco.us Jeremy Vann -303-275-7556 email: jervann@jeffco.us Donna Viverette-303-275-7555 email: dviveret@jeffco.us Flo eisan -303-275-7509 email: fdjcisan@jeffco.us Tobacco-Free Jeffca -an alliance of tobacco control coalitions and partners in Jel/erson County: smokefreejeffco@comcast.net · . , City or ~Wheat~dge ~OllCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Randy Young, City Manag~ FROM: Daniel Brennan, Police Chief DATE: May 3, 2010 SUBJECT: Staff Report -Photo Red Light ISSUE In 2009, the Police Department presented to City Council the concept of utilizing photo-red light devices as a means to enhance traffic safety and reduce traffic accidents at intersections, thus reducing calls for service related to traffic accidents or enforcement; and encouraging safe driving behaviors as a means to improve current service levels. On January 4, 20 I 0, City Council directed staff to move forward with the program. Police Department staff have researched similar programs and had the City Attorney's Office complete a legal review of applicable state laws. A Request for Proposal has been formulated to send out to vendors. The legal review by the City Attorney's Office raised questions regarding this program which require some direction from City Council. FINANCIAL IMPACT As documented in the previous staff report, it is difficult to assess the financial impact of a photo red light program. The previous staff report provided some information on the violation numbers and fine revenue amounts. At this time, further research on traffic counts and a legal review on the administrative process will need to be completed and analyzed before making a final determination regarding the number of traffic violations per intersection resulting fine revenues. BACKGROUND Attached is the previous staff report to City Council on this topic. Since January 4, the department has reviewed information from four potential vendors, spoken to representatives from communities that have used photo red light, researched legal questions regarding photo red light, and discussed the workflow process pertaining to the evaluation and hearing processes. The work on developing an ordinance, selecting a vendor, and the required Intergovernmental Agreement is pending. Staff spoke to representatives trom Denver, Boulder, Cherry Hills Village, Littleton, Commerce City and Northglenn. In addition, the City Council for Colorado Springs recently approved photo red light for their community in December 2009. All of these cities reported the photo red light programs in their communities have been successful in reducing traffic accidents, have Staff Report -Photo-Red Light Enforcement May 3, 2010 Page 2 of3 enhanced traffic safety, and have generated positive revenue numbers based on violations to pay for the installed camera systems. In researching the local and national perspective on photo red light, there are certainly system requirements that staff will recommend that the City put in place to ensure the correct application of the system. During the survey of other jurisdictions, staff learned that the City of Northglenn recently discontinued their program due to concerns about the legality of the vendor's "cost neutrality" guarantee. This term refers to the vendor's guarantee that photo red light cameras will produce enough revenue in fines to cover the cost of the equipment; and if the camera does not, the fee is lowered. Staff requested the City Attorney's Office provide legal direction on this question as it relates to C.R.S. 42-4-110.5(5). The City Attorney stated that in his legal opinion, vendors who guarantee that photo red light cameras will produce enough revenue in fines to cover the cost of the equipment are in violation of current State law. The City Attorney provided some recommendations to ensure compliance with this State Statute, similar to steps taken by Colorado Springs. Staff is working on language in the RFP to address the cost neutrality issue. Based on the legal interpretation provided above, there is the potential that the City would have to commit some funding to pay for the camera costs, if the monthly revenue costs fall below the agreed monthly contract and administrative costs for the camera. All the cities surveyed reported their systems have generated enough violation revenues to cover the associated costs for equipment and administrative services charged by the contractor. Lastly, a municipal judge in one jurisdiction recently ruled that a third party vendor should not be collecting fines imposed by that municipality. Staff is reviewing this as well to determine its applicability to Wheat Ridge. This issue has not been raised in any other community with this program to date. I have also attached a copy of page 46 from the 2008 City of Wheat Ridge Citizen Survey. A question on that survey asked if citizens support or oppose the City implementing the use of traffic enforcement cameras, including photo red light. Residents were fairly supportive of the City implementing traffic enforcement cameras, with half of respondents (51 %) saying they would "strongly" or "somewhat" support photo red light cameras to minimize the running of red lights. Eighteen percent said they would "neither support nor oppose" and one-third (31 %) opposed such an action. In conclusion, the following work requires completion by staff in order to bring this program forward to City Council for further action: • Legal Issues: Development of an ordinance for this program that gives the City the right to collect fmes for photo-red light violations, would waive personal service of a ticket by a police officer, would institute a fine unassociated with the Department of Motor Vehicles' point system, and would include the requirements set forth by Colorado Revised Statute 42-4-110.5 (attached). Such requirements as warning signs, evidentiary rules and fine limits are contained within this statute. . • Request for Proposal and Vendor Selection: Police Department staff is working with the Purchasing Division and is ready for the RFP process to begin. Staff Report -Photo-Red Light Enforcement May 3, 2010 Page 3 of3 • Intergovernmental Agreement: Once the final intersections have been determined, staff can begin working with the Colorado Department of Transportation on an lOA for any intersections involving state highways. • Evaluation and Hearing Process: Police Department staff continues to work with the Municipal Courts on the development of a process that confirms a violation occurred prior to a notice being sent, and a hearing process if an alleged violator desires to contest the administrative citation. RECOMMENDATIONS In the past few months, there has been a considerable amount of media attention regarding the value of photo red light programs in preventing traffic accidents, and concerns that it is an effort by local government to collect revenue. Besides the information we have collected from local communities on the reduction of accidents, the information presented in the last Staff Report fairly presents the pros and cons of photo red light. If If used properly, photo red light can enhance traffic safety, reduce accidents and encourage safe driving behaviors. It also serves as a "force multiplier," allowing police officers to direct their efforts and time to other pressing community safety issues. An ongoing evaluation of the program will be necessary for the purpose of making the program effective in dealing with red light violations, as well as making it fiscally viable. The Police Department remains interested in pursuing this program and is requesting further direction from City Council before proceeding with the development of this program. DB ATTACHMENTS: I. 2008 Citizen Survey Results (page 43) 2. Michie Legal Resource excerpt City of Wheat Ridge 2008 Citizen Survey Results For the forst time in 2008, residents were asked their familiarity with the City's long-range planning efforts. One-quarter of respondents said they were "very" or "somewhat" familiar with the City's comprehensive plan. Twenty-two percent felt they were "somewhat" unfamiliar with it and halr (53%) were "very" unfamiliar. Residents noted similar levels of familiarity when asked about sub-area planning (including Fruitdale, Northwest transit-oriented development and the Wadsworth Corridor) . Three in 10 respondents (28%) stated they were "very" or "somewhat" familiar with sub-area planning, 20% said they we re "somewhat" unfamiliar and half (52%) said they were "very" unfamiliar. Figure 38: Familiarity with Cih 's long-Range Planning Efforts Please indicate how lamiliar or unlamiliar you are with the City's long-range Very Somewhat Somewhat Very Total planning efforts (including the familiar lamiliar unfamiliar unlamiliar comprehensive plan and sub-area plans). City's comprehenSive plan 4"10 21 "10 22"10 53"10 100"10 Sub-area planning (including Fruitdale, Northwest transit-oriented development 4"10 24"10 20"10 52"10 100"10 and the Wadsworth Corridor) ATTACHMENT 1 Page 43 u c Michie's Legal Resources Page 1 of 4 42-4-110.5. Automated5ehicleidentification systems. (1) The general assembly hereby finds and declares that the enforcement of traffic laws through the use of automated vehicle identification systems under this section is a matter of statewide concern and is an area in which uniform state standards are necessary. (1.5) Except for the authorization contained in subsection (1.7) of this section, nothing in this section shaLl apply to a violation detected by an automated vehicle identification device for driving twenty-five miles per hour or more in excess of the reasonable and prudent speed or twenty-five miles per hour or more in excess of the maximum speed limit of seventy-five miles per hour detected by the use of an automated vehicle identification device. (1.7) (a) Upon request from the department of transportation, the department of public safety shall utilize an automated vehicle identification system to detect speeding violations under part 11 of this article within a highway maintenance, repair, or construction zone designated pursuant to section 42-4-614 (1) (a), if the department of public safety complies with subsections (2) to (6) of this section. An automated vehicle identification system shall not be used under this subsection (1.7) unless maintenance, repair, or construction is occurring at the time the system is being used. The department of public safety may contract witb a vendor to implement this subsection (1.7). If the department of public safety contracts with a vendor, the contract shall incorporate the processing elements specified by the department of public safety. The department of public safety may contract with the vendor to notify violators, collect and remit the penalties and surcharges to the state treasury less the vendor's expenses, reconcile payments against outstanding violations, implement collection efforts, and notify the department of public safety of unpaid violations for possible referral to the judicial system. No penalty assessment assessment or summons and complaint or a penalty or surcharge for a violation detected by an automated vehicle identification system UIJder this subsection (1.7) shall be forwarded to the department for processing. (b) The department of transportation shall reimburse the department of public safety for the direct and indirect costs of complying with this subsection (1.7). (2) A municipality may adopt an ordinance authorizing the use of an automated vehicle identification system to detect violations of traffic regulations adopted by the municipality, or the state, a county, a city and county, or a municipality may utilize an automated vehicle identification system to detect traffic violations under state law, subject to the following conditions and limitations: (a) (1) (Deleted by amendment, 1. 2002, p. 570, § 1, effective May 24, 2002.) (II) If the state, a county, a city and county, or a municipality detects any alleged violation of a municipal traffic regulation or a traffic violation under state law through the use of an automated vehicle identification system, then the state, county, city and county, or municipality shall serve the penalty assessment notice or summons and complaint for the alleged violation on the defendant no later than ninety days after the alleged violation occurred. If a penalty assessment notice or summons and complaint for a violation detected using an automated vehicle identification system is personally served, the state, a county, a city and county, or a municipality may only charge the actual costs of service of process that shall be no more than the amount usually charged for civil service of process. (b) Notwithstanding any other provision of the statutes to the contrary, the state, a county, a city and county, or a municipality may not report to the department any conviction or entry of judgment against a ATTACHMENT 2 httn ://www.miehie.com/.. oinr"ool1np.xtoll/.. or.oOp.I1I1;h "r./fir.~"fi /fic~aR /ficfi01 /hC 7h8?f=L. 04/23/20 i 0 Michie's Legal Resources Page 2 of4 defendant for violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. (c) The state, a county, a city and county, or a municipality may not report to the department any outstanding judgment or warrant for purposes of section 42-2-107 (5) or 42-2-118 (3) based upon any violation or alleged violation of a municipal traffic regulation or traffic violation under state law detected through the use of an automated vehicle identification system. (d) (I) The state, a county, a city and county, or a municipality may not use an automated vehicle identification system to detect a violation of part 11 of this article or a local speed ordinance unless there is posted an appropriate temporary sign in a conspicuous place not fewer than three hundred feet before the area in which the automated vehicle identification device is to be used notifYing the public that an automated vehicle identification device is in use immediately ahead. The requirement of this subparagraph (I) shall not be deemed satisfied by the posting of a permanent sign or signs at the borders of a county, city and county, or municipality, nor by the posting of a permanent sign in an area in which an automated vehicle identification device is to be used, but this subparagraph (I) shall not be deemed a prohibition against the posting of such permanent signs. (II) Except as provided in subparagraph (I) of this paragraph (d), an automated vehicle identification system designed to detect disobedience to a traffic control signal or another violation of this article or a local traffic ordinance shall not be used unless the state, county, city and county, or municipality using such system conspicuously posts a sign notifYing the public that an automated vehicle identification device is in use immediately ahead. The sign shall: (A) Be placed in a conspicuous place not fewer than two hundred feet nor more than five five hundred feet before the automated vehicle identification system; and (B) Use lettering that is at least four inches high for upper case letters and two and nine-tenths inches high for lower case letters. , , (e) The state, a county, a city and county, or a municipality may not require a registered owner of a vehicle to disclose the identity ofa driver of the vehicle who is detected through the use of an automated vehicle identification system. However, the registered owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. (f) The state, a county, a city and county, or a'municipality shall not issue a penalty assessment notice or summons for a violation detected using an automated vehicle identification system unless, at the time the violation is alleged to have occurred, an officer or employee of the state, the county, the city and county, or the municipality is present during the operation of the automated vehicle identification device; except that this paragraph (f) shall not apply to an automated vehicle identification system designed to detect violations for disobedience to a traffic control signal. (g) (I) The state, a county, a city and county, or a municipality shall not issue a penalty assessment notice or summons for a violation detected using an automated vehicle identification system unless the violation occurred within a school zone, as defined in section 42-4-615; within a residential neighborhood; within a maintenance, construction, or repair zone designated pursuant to section 42-4-614; or along a street that borders a municipal park. (II) For purposes of this paragraph (g), unless the context otherwise requires, "residential neighborhood" means any block on which a majority of the improvements along both sides of the street are residential dwellings and the speed limit is thirty-five miles per hour or less. "It /')"l/"')f\ 1 f\ Michie's Legal Resources Page 3 of4 (III) This paragraph (g) shall not apply to an automated vehicle identification system designed to detect disobedience to a traffic control signal. (3) The department has no authority to assess any points against a license under section 42-2-127 upon entry of a conviction or judgment for a violation of a municipal traffic regulation or a traffic violation under state law if the violation was detected through the use of an automated vehicle identification system. The department may not keep any record of such violation in the official records maintained by the department under section 42-2-121. (4) (a) If the state, a county, a city and county, or a municipality detects a speeding violation of less than ten miles per hour over the reasonable and prudent speed under a municipal traffic regulation or under state law through the use of an automated vehicle identification system and the violation is the first violation by such driver that the state, county, city and county, or or municipality has detected using an automated vehicle identification system, then the state, county, city and county, or municipality shall mail such driver a warning regarding the violation and the state, county, city and county, or municipality may not impose any penalty or surcharge for such first violation. (b) (I) If the state, a county, a city and county, or a municipality detects a second or subsequent speeding violation under a municipal traffic regulation or under state law by a driver, or a first such violation by the driver if the provisions of paragraph (a) of this subsection (4) do not apply, through the use of an automated vehicle identification system, then, except as may be permitted in subparagraph (II) of this paragraph (b), the maximum penalty that the state, county, city and county, or municipality may impose for such violation, including any surcharge, is forty dollars. (IT) If any violation described in subparagraph (I) of this paragraph (b) occurs within a school zone, as defined in in section 42-4 615, the maximum penalty that may be imposed shall be doubled. (III) Subparagraph (I) of this paragraph (b) shall not apply within a maintenance, construction, or repair zone designated pursuant to section 42-4-614. I (4 .5) If the state, a county, a city and county, or a municipality detects a violation under a municipal traffic regulation or under state law for disobedience to a traffic control signal through the use of an automated vehicle identification system, the maximum penalty that the state, a county, a city and county, or a municipality may impose for such violation, including any surcharge, is seventy-five dollars. (4.7) If a driver fails to pay a penalty imposed for a violation detected using an automated vehicle identification device, the state, a county, a city and county, or a municipality shall not attempt to enforce such a penalty by immobilizing the driver's vehicle. (5) If the state, a county, a city and county, or a municipality has established an automated vehicle identification system for the enforcement of municipal traffic regulations or state traffic laws, then no portion of any fine collected through the use of such system may be paid to the manufacturer or vendor of the automated vehicle identification system equipment. The compensation paid by the state, county, city and county, or municipality for such equipment shall be based upon the value of such equipment and may not be based upon the number of traffic citations issued or the revenue generated by such equipment. (6) As used in this section, the term "automated vehicle identification system" means a system whereby: (a) A machine is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, the operator ofthe vehicle, and the license plate of the vehicle; and (b) A penalty assessment notice or summons and complaint is issued to the registered owner of the http://www.michie.comlcolorado/lnext.dll/cocodell 16h33c/6c5a6/6c5a8/6c6d3 /6c7b8?~." 04123/20 I 0 Michie's Legal Resources Page 4 of 4 motor vehicle. Source: L. 97: Entire section added, p. 1667, § I, effective June 5. L. 99: (1.5) and (4.5) added and (2), (4), and (5) amended, p. 612, § I, effective May 17. L. 2002: (2)(a), (2)(d), and (4.5) amended and (2) (t), (2)(g), and (4.7) added, pp. 570, 572, §§ 1,2, effective May 24. L. 2004: (2)(d) amended, p. 351 , § 1, effective August 4. L. 2008: (1.5) and (2)(g)(I) amended and (1.7) and (4)(b)(III) added, pp. 2080, 2081, §§ 4, 5, effective June 3. L. 2009: (2)(d) amended, (SB 09-222), ch. 150, p. 629, § I, effective August 5. Editor's note: Section 2 of chapter 150, Session Laws of Colorado 2009, provides that the act amending subsection (2)(d) applies to the use of automated vehicle identification devices on or after August 5, 2009. The act was passed without a safety clause and the act, or portions thereof, may not take effect if the people exercise their right to petition under article V, section 1 (3) of the state constitution. For an explanation concerning the effective date, see page ix of this volume. Cross references: Section 1 of chapter 412, Session Laws of Colorado 2008, provides that the act amending subsections (1 .5) and (2)(g)(I) and enacting subsections (1.7) and (4)(b)(III) shall be known and may be cited as the "Charles Mather Highway Safety Act". ANNOTATION This section supersedes conflicting provisions of municipal ordinances. Regulation of automated vehicle identification systems to enforce traffic laws is a matter of mixed local and state concern. In the event of conflict, state law prevails. City of Commerce City v. State, 40 P.3d 1273 (Colo. 2002).