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HomeMy WebLinkAboutCity Council Agenda packet 08/11/20146:45pm -Pre-Meeting ~\ :J.: a'J r ~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 11, 2014 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 28, 2014 PROCLAMATIONS AND CEREMONIES Wheat Ridge High School Farmers 5000 Committee CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1 First Public Input Opportunity for the 2015 Budget b Council Bill 09-2014-Approving the rezoning of property located at 7671 W. 32nd Avenue and 3299 Wadsworth Boulevard from Residential-Two (R-2) to Planned Residential Development (PRO) and for approval of an Outline Development Plan (Case No. WZ 14-06/Grove 21) 3. Council Bill 07-2014-Concerning Economic Development, and in connection therewith, amending the Enhanced Sales Tax Incentive Program (ESTIP) and Business Development Zone (BDZ) Program within the City CITY COUNCIL AGENDA: August 11 , 2014 ORDINANCES ON FIRST READING Page -2- 4. Council Bill 10-2014-Submitting a Ballot Question to the voters of the City at the November 4 , 2014 Election , concerning an increase in the Sales and Use Tax Rate and Revenue Bonds to Finance Public Works and Parks and Recreation Infrastructure Projects ~ Council Bill No 11-2014-Submitting a Ballot Question to the voters of the City at the November 4 , 2014 Election concerning a Street Width Designation for portions of 38 1h Avenue . DECISIONS, RESOLUTIONS AND MOTIONS 6 . Resolution 45-2014-authorizing an Intergovernmental Agreement by and between the Clerk and Recorder for Jefferson County Colorado and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the November 4 , 2014 , Coordinated Election L. Resolution 46-2014-authorizing an Intergovernmental Agreement by and between the Clerk and Recorder for Jefferson County Colorado and the City of Wheat Ridge regarding the production of a mailed notice concerning ballot issues CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 28, 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00p .m . PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Kristi Davis George Pond Tracy Langworthy Genevieve Wooden Absent: Tim Fitzgerald Also present: City Clerk , Janelle Shaver; City Treasurer, Larry Schulz ; City Attorney , Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Heather Geyer; Parks Director, Joyce Manwaring ; Police Chief Daniel Brennan ; guests and interested citizens . APPROVAL OF MINUTES OF July 14,2014 Motion by Councilmember DiTullio to approve the minutes of July 14 , 2014 ; seconded by Councilmember Starker; carried 7-0 PROCLAMATIONS AND CEREMONIES Colorado Law Enforcement Traffic Challenge Award Police Chief John Jackson from Greenwood Village , president of the Colorado Association of Chiefs of Police , presented to Chief Brennan a plaque for the 2013 CLE Traffic Challenge Award won by the WR Police Department. He said this award is hard to w in as it is very competitive and requires great creativity . Wheat Ridge placed 2"d in the metro area medium sized city category . He highlighted two programs the WRPD implemented : Negotiate 58 which focuses on DUI , speed enforcement , and accident reduction ; and Aware and Alive which focuses on distracted driving . Both programs are the essence of community policing --models to follow. He praised Chief Brennan for his progressive and visionary leadership . -Chief Brennan recognized the Crime and Traffic Team : Officers John Pickett , Nate Lovan , Larry Taggert (all present) , and Steven Brooks(not present), along with Commanders Wade Hammond and Mark Cooney who helped implement these programs . The Chief also acknowledged Officer Todd Payne who received the MADD Top Officer award this past year for the number of drunk d riving arrests he made . City Council Minutes July 28 , 2014 Page 2 Councilmember Wooden spoke about the Committee for Educational Excellence --a coalition of people (school , city, police , district) to help local schools. They will look for programs that can be started to help schools excel. They will have principals come and talk during the school year. She introduced John Martinez, the principal of Wilmore Davis Elementary School. John Martinez said Wilmore Davis, built in 1954, is named after the Wilmore and Davis families that operated greenhouses on the corner of 38th & Wadsworth . He related the guiding principles of the school. Enrollment is 340 in grades K-6 ; they call themselves "the small school with a large heart". The school and Police Department have addressed the parking situation at the school. The future plan is to create a longer drive-through when funds become available . CITIZENS' RIGHT TO SPEAK John Clark (WR) urged folks to come to the Carnation Festival in a couple weeks . There are several new things this year including an amazing Italian car show. -He also announced the Jefferson County Fair August 7-10 (Thursday through Sunday) [at the Jeffco Fairgrounds]. He urged people to come support the Wheat Ridge 4H kids that are showing their animals. It's smaller , but a very good Fair, with a silent auction , pie-eating contest and much more . He has fliers . Vivian Vos (WR) had several points : • The wording on the upcoming ballot question should be simple and clear. • If there 's another ballot questions , the two issues should not be bundled . • Two years of road construction on 38th Avenue will not be good for businesses. • At 3ih & Lowell a stop light was replaced with a 4-way stop . Perhaps that could be explored for the 38th Avenue Corridor as a way to slow down traffic . • The city hasn 't said what kind of businesses they'd like to see on 38th Ave . She'd like to see that addressed . • The city hasn 't said how the sales tax money from WR Cyclery will be spent for the next 19 years now that that's been paid off. Kathy Tolman (WR) asked if the narrowing of 38th Avenue would have a negative impact on the new shopping areas at 38th & Wadsworth and 38th & Kipling , or not. She'd like to see that looked at. APPROVAL OF THE AGENDA ORDINANCES ON FIRST READING City Council Minutes July 28, 2014 Page 3 L Council Bill No. 07-2014-An ordinance concerning economic development, and in connection therewith, amending the Enhanced Sales Tax Incentive Program and Business Development Zone program within the City. Council Bill 07-2014 was introduced by Councilmember Starker. This ordinance is designed to improve the operation of the ESTIP and BDZ programs, and has no direct financial impact. It makes the following changes: • Raises the minimum threshold of enhanced sales tax required to be eligible for ESTIP from $5,000 up to $10,000. • Reference to "application" be changed to "agreement" for both programs. • Removes from both programs the reference of "the one percent of sales and use tax earmarked for the capital improvement fund". This earmark no longer exists. • BDZ approval will be based on the capital expenditure of the requesting party. Minimum private investment of $250,000 for eligibility $250,000-$499,999 eligible for rebate up to 25% of eligible city fees/charges/taxes $500,000 to $999,999 eligible for 50% $1,000,000 or higher eligible for 75% Motion by Councilmember Starker to approve Council Bill No. 07-2014, an ordinance concerning economic development, and in connection therewith, amending the Enhanced Sales Tax Incentive Program and Business Development Zone program within the City, on first reading, order it published, public hearing set for Monday, August 11, 2014 at 7:00p .m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Davis; carried 7-0. DECISIONS, RESOLUTIONS AND MOTIONS 2 . Motion to accept the 2013 Comprehensive Annual Financial Report (CAFR) from Swanhorst & Company, LLC Agenda item #2 was introduced by Councilmember Langworthy. Wendy Swanhorst presented the 2013 audit and summarized the audit process. She stated that except for a few minor things that could be corrected or changed in the future the City's internal financial controls show no significant weaknesses and the accounting records, as always, are in very good condition. The audit went very well. Motion by Councilmember Langworthy to accept the 2013 Comprehensive Annual Financial Report from Swanhorst & Company, LLC; seconded by Councilmember Wooden; City Council Minutes July 28 , 2014 Page 4 Heather Geyer informed Council that the Davis-Bacon issue has been resolved . Motion carried 7-0 . 3 . Resolution 43-2014-A Resolution amending the fiscal year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $37 ,000 for the purpose of funding current Enhanced Sales Tax Incentive Program Agreements payments Councilmember Starker asked to recuse himself from this item as he has a potential conflict. On the issue of recusal, Mr. Dahl advised it would be appropriate to vote on the recusal. Motion by Council DiTullio to allow Mr. Starker to recuse himself on Item 3 ; seconded by Councilmember Urban ; carried 7-0 Mr. Starker left the Council Chambers and was not present for the discussion or voting . Resolution 43-2014 was introduced by Councilmember Davis. $103,00 was budgeted for the 2014 ESTIP payments for five agreements : Dillon Companies (King Soopers) • Walrus 5560 f.YVest 29 Restaurant) Liquid Artworks Colorado Plus • Taste of Home Cooking • Muscle Masster (Green Herb) Sales tax increment revenues are higher than expected. Staff estimates that an appropriation of $37 ,000 will meet the City's obligations for rebate back to the businesses. Revenues from the ESTIP program are expected to increase by the same amount so there should be no net impact on the General Fund. Motion by Councilmember Davis to approve Resolution No. 43-2014, a resolution amending the fiscal year 2014 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $37,000 for the purpose of funding current ESTIP agreements payments ; seconded by Councilmember Langworthy; carried 6-0. Mr. Starker returned to the Council Chambers. 4 . Motion to approve payment to Dillon Companies in the amount of $107 ,108 .23 for the 12-month period ending June 30, 2014 in accordance with an Enhanced Sales Tax Incentive Program Agreement City Council Minutes July 28 , 2014 Page 5 Agenda item #4 was introduced by Councilmember Urban. A total of $107 ,108.23 in sales tax increment was generated over the last 12 months and is due to Dillon Companies (King Soopers) in accordance with the ESTIP Agreement. Mr. Goff noted that during the audit some recalculations were done on the dollar amount. He requested the amount be amended to $104 ,739 .76 .-Mr. Dahl advised that change could be made with the motion . Motion by Councilmember Urban to approve payment to Dillon Companies in the amount of $104,739 .76 for the 12-month period ending June 30 , 2014 in accordance with an enhanced sales tax incentive program agreement; seconded by Councilmember DiTullio ; Mr. Goff advised that this change in dollar amount does not affect the action taken in Agenda Item 4. That $37 ,000 is only an estimate for all f ive businesses . Motion carried 7-0 . 5. Motion to approve payment to Commercial Fitness Solutions , Inc. in the amount of $42,255 for purchase and trade-in of commercial treadmill equipment per RFP-14-17 Agenda item #5 was introduced by Councilmember Pond. T he purchase of seven replacement treadmills was approved as part of the 2014 budget. The treadmills were purchased in 2007 and receive heavy use . Motion by Councilmember Pond to approve payment to Commercial Fitness Solutions , Inc., in the amount of $42 ,255 for commercial treadmill equipment; seconded by Councilmember Starker; carried 7-0 . 6. Resolution 44-2014-A Resolution amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $2,500 for the purpose of sponsoring the 2014 Arvada Community Food Bank's Top Hats & Ball Caps fund raiser Resolution 44-2014 was introduced by Councilmember Wooden . The Arvada Community Food Bank now serves all of Wheat Ridge. It administers hunger-relief and self-sufficiency programs including Feed the Future Back Pack program , which serves three Wheat Ridge elementary schools . It also provides programs to address adult literacy , job readiness and benefit application assistance . City Council Minutes July 28, 2014 Page6 Motion by Councilmember Wooden to approve Resolution No. 44-2014-a resolution amending the fiscal year 2014 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $2,500 for the purpose of sponsoring the 2014 Arvada Community Food Bank's Top Hats & Ball Caps fundraising event; seconded by Councilmember DiTullio ; carried 7-0. CITY MANAGER'S MATTERS Mr. Goff announced that the Police Department has received its re-accreditation from CLEA (Commission on Law Enforcement Accreditation). This is the first renewal since receiving accreditation three years ago . CITY ATTORNEY'S MATTERS Mr. Dahl related to Council that the provision for having Council vote on a recusal is not in the Council Rules . It is in the Charter, and it is appropriate . CITY CLERK'S MATTERS ELECTED OFFICIALS' MATTERS Bud Starker said he 's attended several of the listening meetings and thanked the citizens who took the time to come and express their opinions . Zachary Urban encouraged everyone to come out to the Jefferson County Fair. Kristi Davis echoed Mr. Starker's sentiments about being great to get feedback from folks. She thanked the principal from Wilmore Davis for coming tonight. She noted being a student at Wilmore Davis when the mascot "Warriors " was chosen. Tracy Langworthy thanked those who participated in the Feed the Future Summer Gala. A little over $4,000 was raised . It helps students not have to study hungry. Genevieve Wooden thanked those who came to the community input meetings. Opinions were diverse . -She thanked John Martinez for coming to speak tonight. She hopes to have all 18 principals come in over time so Council and the public can learn about the education we have in Wheat Ridge . Mayor Jay announced that Mr. Fitzgerald is out with a knee operation -She thanked people for coming to the community meetings. -She reported attending the opening of the new rehab wing at Mountain Vista on Tabor Street which is for people who have had hip or knee surgery. -She also attended the opening of Swim Otter , a new company in Wheat Ridge. We are now their corporate headquarters . They do private swim lessons for children ages 6 mos. to 12 years. It is the largest independently owned swim club in Colorado . City Council Minutes July 28 , 2014 Page 7 Motion by Councilmember Davis to adjourn the meeting ; seconded by Councilmember Starker ; carried 7-0 . The City Council Meeting adjourned at 7 :45 pm . APPROVED BY CITY COUNCIL ON August 11 , 2014 BY A VOTE OF to ---- Kristi Davis , Mayor pro tern The preceding Minutes were prepared according to §47 of Robert 's Rules of Order, i.e . they contain a record of what was done at the meeting , not what was said by the members . Recordings and DVD 's of the meetings are available for listening or viewing in the City Clerk 's Office , as well as copies of Ordinances and Resolutions. ~~A.( ~ .,. City of • ?Wheat~dge JTEMNO: I. DATE: August 11,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: FIRST PUBLIC INPUT OPPORTUNITY FOR THE 2015 BUDGET 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING (08/11 /2014) 0 ORDINANCES FOR 2N° READING (08 /25/2014) D YES ~r ISSUE: The process for the development of the 2015 budget is underway. An important phase of this process is offering the public opportunities to provide input to City Council prior to the presentation of the 2015 proposed budget. Tonight's public input meeting is the first oftwo meetings scheduled. A second opportunity for public input will be during the regular City Council meeting on Monday, September 8111 • PRIOR ACTION: No prior action was necessary on this item . FINANCIAL IMPACT: No financial impact on this item. BACKGROUND: Each year, the City invites the public to provide input on the budget prior to the budget being presented to City Council. This community engagement practice is in line with best practices used by local governments across the country and endorsed by the Government Finance Officers' Association (GFOA). Staff includes a summary of all feedback received from these public input meetings in the presentation of proposed budget. First Public Input Opportunity on the 2015 Budget August 11 , 2014 Page 2 The 2015 Budget is scheduled to be presented to City Council and the Mayor on Monday, October 6, 2014. Following review and direction from City Council, the City will hold a Public Hearing on the proposed 2015 Budget on Monday, October 27, 2014. The 2015 Budget is scheduled for adoption on Monday, November 10,2014. The proposed budget will be available online on the City website prior to the October 6th meeting. Additionally, a hard copy will be available in the City Clerk's Office and at the Wheat Ridge library. The public is invited to provide input on the proposed 2015 Budget at the October 27th and November 1oth meetings. RECOMMENDATIONS: No recommendation on this item is necessary. RECOMMENDED MOTION: No formal action by City Council is necessary at this time. REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager "'~A~ .. ~ #' City of • :P'WlieatRi__dge ITEM NO:~ DATE: August 11 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CONTINUE COUNCIL BILL NO. 09-2014 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7671 W. 32"d AVENUE AND 3299 WADSWORTH BOULEVARD FROM RESIDENTIAL-TWO (R-2) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN [gj PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS ISSUE: 0 ORDINANCES FOR 1sT READING (7 /14/2014) [gj ORDINANCES FOR 2 ° READING (from 8/11 //2014 to 9/08 /2014) [gj YES 0 NO Ci ~ The applicant is requesting approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRD) and for approval of an Outline Development Plan (ODP) for property located at 7671 W. 32 11d Avenue and 3299 Wadsworth Boulevard. (Case No. WZ-14- 06 /Grove 21) The Planning Commission reviewed this request at a public hearing on June 19 , 2014 and recommended approval. However, subsequent to the Planning Commission hearing, the applicant proposed a substantial modification to one of the development standards (maximum building coverage). Staff believes it is a significant change which could impact the character of the development and that a second review by the Planning Commission is required. The Planning Commission public hearing date is August 21 , 2014. CAF -Rezoning of property at 32"d and Wadsworth August 11 ,2014 Page2 RECOMMENDATIONS: Staff is recommending this case be continued until September 8, 2014. RECOMMENDED MOTION: "I move to continue Council Bill No. 09-2014, an ordinance approving the rezoning of property located at 7671 W. 32 11d Avenue and 3299 Wadsworth Blvd. from Residential-Two (R-2) to Planned Residential Development (PRD) and for approval of an Outline Development Plan until September 8 , 2014." REPORT PREPARED/REVIEWED BY: Meredith Reckert , Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER FITZGERALD COUNCIL BILL NO. 09 ORDINANCE NO. ___ _ Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7671 W. 32"d AVENUE and 3299 WADSWORTH BOULEVARD FROM RESIDENTIAL-TWO (R-2) TO PLANNED RESIDENTIAL DEVELOPMENT (PRO) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ 14- 06/GROVE 21) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Calier Capital, LLC has submitted a land use application for approval of a zone change to Planned Residential Development for property located at 7671 W. 32"d Avenue and 3299 Wadsworth Boulevard.; and, WHEREAS, the proposed zone change is supported by the City 's guiding documents including the Wadsworth Subarea Plan, the Neighborhood Revitalization Strategy and the comprehensive plan-Envision Wheat Ridge, and, WHEREAS, the zone change criteria specified in Section 26-112 support approval of the request, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Calier Capital, LLC for approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRO) and for approval of an Outline Development Plan (ODP) for property located at 7671 W. 32"d Avenue and 3299 Wadsworth Blvd ., and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN , CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 26 ; THENCE S89°45'02'W, 423.03 FEET ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 26 ; THENCE DEPARTING SAID SECTION LINE N00°14'58'W, 25.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF 32ND AVENUE , AND THE POINT OF BEGINNING: THENCE S89°45'02'W, 111.41 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE EASTERLY LINE OF RIDGEVIEW ESTATES SUBDIVISION ; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE EASTERLY LINE OF SAID RIDGEVIEW ESTATES SUBDIVISION N00°19'27'W, 370 .00 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE N89°45'02"E , 111 .41 FEET; THENCE N00°19'27'W, 466 .00 FEET; THENCE S53°44'06"E, 278 .98 FEET; THENCE S00°19'27"E, 300 .00 FEET; THENCE N89°45'02"E , 184.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF WADSWORTH BOULEVARD ; THENCE S00°19'27"E, 60.00 FEET ALONG SAID RIGHT-OF-WAY LINE ; THENCE DEPARTING SAID RIGHT-OF- WAY LINE S89°45'02'W, 408.00 FEET; THENCE S00°19'27"E , 310 .00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF 32ND AVENUE AND THE POINT OF BEGINNING . SAID PARCEL CONTAINS 151,495 SF (3.48 ACRES) MORE OR LESS . BASIS OF BEARINGS : BEARINGS ARE BASED ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 26 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING N89°45'02"E BETWEEN THE WEST QUARTER CORNER BEING A FOUND 3 X" ALUMINUM CAP PLS # 13212 IN RANGE BOX AND THE CENTER QUARTER CORNER BEING A FOUND 3 Y." ALUMINUM CAP PLS # 13212 IN RANGE BOX. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge . Section 3. Safety Clause. The City of Wheat Ridge 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 objective sought to be attained . Section 4. Severability; Conflicting Ordinance Repealed . If any section, subsection or clause of the 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 15 days after final publication, as provided by Section 5 .11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of July, 2014, ordered published with public hearing and consideration on final passage set for Monday, August 11, 2014 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this ___ day of ______ , 2014 . ATIEST: Janelle Shaver, City Clerk 1st publication : July 17 , 2014 2"d publication : Wheat Ridge Transcript: Effective Date : Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney ~~'~ -~ r City of • ?WheatRi_dge ITEM NO:~ DATE: August 11 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2014 AN ORDINANCE CONCERNING ECONOMIC DEVELOPMENT, AND IN CONNECTION THEREWITH, AMENDING THE ENHANCED SALES TAX INCENTIVE PROGRAM AND BUSINESS DEVELOPMENT ZONE PROGRAM WITHIN THE CITY 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ?1_7 / /_./ <..-,F ;- City Attorney ISSUE: D ORDINANCES FOR 1ST READING (07/28/2014) C8:] ORDINANCES FOR 2 ND READING (08/11 /2014) D YES Ci~ This Ordinance amends the Code of Laws concerning the Enhanced Sales Tax Incentive Program (ESTIP) and the Business Development Zone (BDZ) Program , in order to improve the operation of the Programs and to eliminate internal inconsistencies between them. PRIOR ACTION: The City Council has previously adopted Divisions 4 and 5 of Article 1 ofTitle 22 of the Wheat Ridge Code of Laws in 2002. FINANCIAL IMPACT: Both Programs are designed to attract new business to the City and to enhance the viability of existing businesses which will in return likely increase incremental sales and use tax revenues to the City. There is no direct financial impact with these code changes V :\Forms\CAFtempl ate ESTIP and BDZ Ordinance Amendments August 11 , 2014 Page 2 BACKGROUND: In 2002 , the Wheat Ridge Code of Laws established the ESTIP , as defined in chapter 22 , division 5, section 22-73. The BDZ was established at the same time under the same chapter, division 5, section 22-85. The goal ofboth programs is to provide incentives that will encourage the development of private sector jobs, revitalize deteriorating areas of the City, increase sales tax revenues , provide new or enhanced public improvements , and encourage the development, redevelopment and expansion of businesses within the City. ESTIP provides an incentive for new business development or the expansion of existing sales tax producing businesses. The ESTIP rebates a portion or all of the sales tax increment generated by a specific project for a specified period of time with a maximum amount that can be rebated. Increment is defined as sales tax revenues generated over a base level. The base level is calculated by using the previous 12 months of sales tax generation at that specific property. Any sales tax above that defined base level is considered the increment and can be rebated back to the business . The BDZ program authori z ed a tool which allows the City Council to waive certain building pennit fees and building use taxes in association with new construction or rehabilitation projects throughout the City. As both programs are utilized to a greater degree , staffhas identified some areas of the code that require amendments to improve the operations of the programs. In addition , City Council has requested specific changes to both programs to provide more definition regarding the requirements for receiving abatement or sharing of eligible fees , charges and taxes. The primary proposed amendments to both programs include: • The current ESTIP requires enhanced sales taxes of at least $5 ,000 before a project would be eligible for the program. Council direction was received to increase this minimum threshold to $10 ,000. • Both programs reference an "application " requirement. Neither program has a formal application and requires only a request to the City 's economic development division or City Manager 's Office to initiate the process. Staff recommends that all references to "application" be changed to "agreement". • Both programs reference "the one percent of sales and use tax earmarked for the capital improvement fund." This earmark no longer exists and staff recommends that these sections be deleted. • BDZ approvals shall be based upon the capital expenditure by the requesting party. A minimum of$250,000 in private investment into the project must be made to be eligible for the program. For investments between $250,000 and $499 ,999 a project is eligible for a rebate of up to 25 % of eligible city fees , charges and taxes ; 50% for investments of $500 ,000 to $999 ,999; and 75 % for investments of $1 ,000 ,000 or higher. ESTIP and BDZ Ordinance Amendments August 11 ,2014 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2014, an ordinance concerning economic development, and in connection therewith , amending the Enhanced Sales Tax Incentive Program and Business Development Zone program within the City, on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 07-2014, an ordinance concerning economic development, and in connection therewith, amending the Enhanced Sales Tax Incentive Program and Business Development Zone program within the City, for the following reason(s) " REPORT PREPARED BY; Gerald Dahl , City Attorney Steve Art, Economic Development Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER COUNCIL BILL NO. 07-2014 ORDINANCE NO. ___ _ Series 2014 TITLE: AN ORDINANCE CONCERNING ECONOMIC DEVELOPMENT, AND IN CONNECTION THEREWITH, AMENDING THE ENHANCED SALES TAX INCENTIVE PROGRAM (ESTIP) AND BUSINESS DEVELOPMENT ZONE (BDZ) PROGRAM WITHIN THE CITY WHEREAS, the City of Wheat Ridge is a home rule municipality operating under a charter approved by the electorate pursuant to Article XX of the Colorado Constitution; and WHEREAS, the Wheat Ridge City Council, in the exercise of its power to adopt ordinances for the general welfare of the City, has previously adopted Divisions 4 and 5 of Article 1 of Title 22 of the Wheat Ridge Code of Laws, specifically, the "Enhanced Sales Tax Incentive Program," and the "Business Development Zone Program," and WHEREAS, the City Council finds that the two programs have served a valuable public purpose in attracting new and revitalized businesses to the City; and WHEREAS, in order to improve the operation of the Programs and to eliminate internal inconsistencies between them, the Council finds that the Code of Laws provisions governing the Programs should be amended. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Enhanced Sales Tax Incentive Program Amended: Division 4 of Article I of Title 22 of the Wheat Ridge Code of Laws, entitled "Enhanced Sales Tax Incentive Program," is hereby amended to read: Sec. 22-73. Program established. There is hereby established within the city an enhanced sales tax incentive program. Sec. 22-74. Purpose. The purpose of the enhanced sales tax incentive program created by this division is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within the city, thereby providing employment for residents of the city and others, thereby further expanding the goods available for purchase and Attachment 1 consumption by residents of the city, and further increasing the sales taxes collected by the city, which increased sales tax collections will enable the city to provide expanded and improved municipal services to and for the benefit of the residents of the city, while at the same time providing public or public-related improvements at no cost, or at deferred cost, to the city and its taxpayers and residents. Sec. 22-75. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Enhanced sales tax shall mean the amount of sales tax collected by the city over and above a base amount negotiated by , and agreed upon by, the applicant and the city , and which amount is approved by the city council, which base amount shall never be lower than the amount of sales taxes collected by the city at the property in question in the previous twelve (12) months plus a reasonable and agreed upon percentage of anticipated increase in sales taxes , or, in the case of a newly established business, an amount which represents the good faith determination by the applicant and the city as to the amount of sales taxes which could be generated from the new business without the participation by applicant in the ESTIP created under this division . ESTIP means the enhanced sales tax incentive program created under this division. Owner or proprietor shall mean the record owner or operator of an individual business , or, in the case of a shopping center, the owner of the real property upon which more than one (1) business is operated, provided that the owner (whether an individual , corporation , partnership or other entity) is the owner or lessor of the individual businesses operated thereon . Sec. 22-76. Participation. Participation in ESTIP shall be based upon approval by the city council exercising its legislative discretion in good faith. Any owner or proprietor of a newly established or proposed retail sales tax generating business or location , or the owner or proprietor of an existing retail sales tax generating business or location which wishes to expand substantially , may apply to the city for inclusion within the ESTIP provided that the new or expanded business is reasonably likely, IN THE COUNCIL 'S JUDGMENT, to generate enhanced sales taxes of at least five thousand dollars ($5 ,000.00) TEN THOUSAND DOLLARS ($1 0 ,000) in the first year of operation. 12 MONTHS FOLLOWING THE APPROVAL OF AN AGREEMENT. Sec. 22-77. Approval of agreement; use of funds generally. Approval by the city council of an agreement implementing this ESTIP shall entitle the successful applicant to share in enhanced sales taxes derived from applicant's property or business in an amount which shall not in any event exceed the enhanced sales taxes; provided, however, tRat THE applicant may use such amounts only for public and/or public-related purposes such as those specified herein and which are expressly approved by the city council at the time of consideration of the application. The time period in which the enhanced sales taxes may be shared shall not commence until all public or public-related improvements are completed, and shall be limited by the city council, in its discretion, to a specified time, or until a specified amount is reached. Sec. 22-78. ELIGIBLE Uses enumerated. The uses to which the shared enhanced sales taxes may be put by an applicant shall be strictly limited to those which are public or public-related in nature. For the purposes of this division, public or public-related purposes shall mean public improvements, including but not limited to streets, sidewalks, curbs, gutters, pedestrian malls, street lights, drainage facilities, landscaping, decorative structures, FACADES, statuaries, fountains, identification signs, traffic safety devices, bicycle paths, off-street parking facilities, benches, restrooms, information booths, public meeting facilities, and all necessary, incidental, and appurtenant structures and improvements, together with the relocation and improvement of existing utility lines, and any other improvements of a similar nature which are specifically approved by the city council upon the city council's finding that said improvementS are public or public-related improvements, and that such improvements shall enhance the competitive position of the applicant within the Denver metropolitan area marketplace. Sec. 22-79. Increments, sharing of funds. The base figure for sales taxes shall be divided into twelve (12) monthly increments, which increments are subject to agreement between the parties, and approval by the city council, and which increments shall be reasonably related to the average monthly performance of the business or property in question, or similar businesses in the area (i.e. adjust for seasonal variations). If in any month the agreed upon figure is not meet by THE applicant so as to create enhanced sales tax for that month, no funds shall be shared with THE applicant for that month, and no increment shall be shared until that deficit, and any other cumulative deficit, has been met, so that at the end of any twelve-month cycle, NO funds HAVED BEEN SHARED in excess of THE AGREED enhanced sales taxes . agreed to be shared shall not have been shared with any applicant Sec. 22-80. Revenues restricted. It is an overriding consideration and determination of the city council that existing sources of city sales tax revenues shall not be used, impaired, or otherwise affected by this ESTIP enhanced sales tax incentive program. Therefore, it is hereby conclusively determined that only enhanced sales taxes generated by the properties described in an application shall be subject to division under this ESTIP . It shall be the affirmative duty of the treasurer SALES TAX DIVISION to collect and hold all such enhanced sales taxes in a separate account apart from the sales taxes generated by and collected from the other sales tax generating uses and businesses within the city and to provide an accounting system which accomplishes the overriding purpose of this section . .J.t is conclusively stated by tThe city council FINDS AND DECLARES that this division would not be adopted or implemented but for the provisions of this section . Sec. 22 81. Capital improvement fund. The one (1) percent of sales and use taxes earmarked for the capital improvement fund may be utilized in this ESTIP for public improvements so long as the same are within the meaning of the phrase capital improvements as defined in the voter approved sales tax referendum previously held within the city, and provided that the same are found and determined by the city council to be capital improvements which could be provided by the city from the capital impro\'ement fund but for the provision of such improvements by the applicant; provided , however, that such use of capital improvement funds as part of this ESTIP shall be limited to the amount agreed pursuant to section 22 83 hereof; pro'lided further , however, that nothing contained herein shall limit the city council in the determination to appropriate additional capital improvement funds for capital improvements affecting the property in question as a part of the city's regular appropriation and budget process . Sec. 22-821. Criteria for approval of application AGREEMENT. Approval of an application ESTIP AGREEMENT for inclusion in this ESTIP shall be given by the city council, at a public hearing, held as a portion of a regularly scheduled city council meeting. NOTICE OF WHICH HAS BEEN PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING. THE COUNCIL'S DETERMINATION OF THE AMOUNT OF SALES TAX TO BE SHARED SHALL BE BASED UPON THE IDENTIFIED NEED OR VALUE THE BUSINESS OFFERS TO THE COMMUNITY IN TERMS OF SALES TAX GENERATION, INVESTMENT IN THE COMMUNITY OR INCREASED EMPLOYMENT based upon the following criteria: ( 1) The amount of enhanced sales taxes which are reasonably to be anticipated to be derived by the city through the expanded or new retail sales tax generating business; (2) The public benefits which are provided by the applicant through public works, public improvements, additional employment for city residents, etc.; (3) The amount of expenditures which may be deferred by the city based upon public improvements to be completed by the applicant; (4) The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; (5) The agreement required by section 22-~2 having been reached, which agreement shall contain and conform to all requirements of section 22 83. (6) Appro'lal shall be by motion adopted by a majority of the entire city council. Sec. 22-832. Agreement required. A) Each application for approval AGREEMENT submitted to the city council shall be subject to approval by the council solely on its own merits. Approval of an application shall require that an THE APPROVED agreement SHALL be executed by the owner and the city, AND which agreement shall, at a minimum, contain: (1) A list of those public or public-related improvements which justify applicant's approval, and the amount which shall be spent on such improvements; (2) The maximum amount of enhanced sales taxes to be shared, and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); (3) A statement that THE AGREEMENT tffis is a personal agreement which is not transferable and which does not run with the land; (4) That THE tffis agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; (5) The base amount which is agreed upon by month, and the fact that if, in any month as specified, sales taxes received from the property do not at least equal such amount, that there shall be no sharing of funds for such month; (6) The base amount shall be agreed upon which shall consider the historic level of sales at the property in question, or a similar property within the area in the event of a new business, and a reasonable allowance for increased sales due to the improvements and upgrades completed as a result of inclusion within this program; (7) A provision that any enhanced sales taxes subject to sharing shall be escrowed in the event there is a legal challenge to this enhanced sales tax incentive program or the approval of any application therefor; (8) An affirmative statement that the obligations, benefits , and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council, and further that no third party shall be entitled to rely upon or enforce any provision hereof; (9) Any other provisions agreed upon by the parties and approved by the city council. B) APPROVAL SHALL BE BY MOTION ADOPTED BY A MAJORITY OF THE ENTIRE CITY COUNCIL. Sec. 22-843. NO Jjoint ventureR; liability. The city council has enacted this ESTIP as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased sales tax revenues generated upon and by properties improved as a result of this program ; public improvements being completed by private owners through no debt obligation being incurred on the part of the city , and allowing applicants an opportunity to improve properties which generate sales activities, which improvements make those properties more competitive in the marketplace and further provide to the applicant additional contingent sources of revenues for upgrading such properties. The city council specifically finds and determines that creation of this ESTIP is consistent with the city's powers as a home rule municipal corporation , and that exercise of such powers in the manner set forth herein is in furtherance of the public health, safety and ·.velfare . Notwithstanding any provision hereof, BY ADOPTING THIS PROGRAM AND APPROVING AGREEMENTS UNDER THE SAME , the city shall never be a joint ventureR in any private entity or activity which participates in this ESTIP and the city shall never be liable or responsible for any debt or obligation of any participant in ESTIP . Section 2. Business Development Zone Program Amended. Division 5 of Article I of Title 22 of the Wheat Ridge Code of Laws is amended to read: Sec. 22-85. Program established. There is hereby established within the city the "Wheat Ridge Business Development Zone" program. Sec. 22-86. Legislative declarations. (a) The city council of the city hereby finds and declares: (1) That the health, safety and welfare of the people of this city are in large part dependent upon the continued encouragement, development and expansion of opportunities for employment in the private sector in this city; (2) That there currently exists in this city businesses or vacant land which require new development or revitalization opportunities to overcome conditions of unemployment, underemployment, net out-migration of the population, diminution of tax revenues, chronic economic distress and blighting influences such as, but not limited to, deterioration of business districts , deterioration of public infrastructures, traffic and drainage problems or sudden severe economic dislocations; (3) That by creating new development, redevelopment or expansion opportunities for businesses within the city the city council will increase the likelihood that new and improved businesses will generate more municipal sales and use tax revenues for the city in the future . (b) It is therefore declared to be the policy of the city, in order to provide incentives for private enterprises to expand or for new businesses to locate in the city, to develop a program which empowers the city council to designate portions of the city as a "business development zone" and to provide for the abatement of certain categories of fees, taxes and other business development-related charges for new development or redevelopment within such districts. (c) The city council has enacted this division 5 of article I of chapter 22 of the Code of Laws as a joint benefit to the public at large and to private owners for the purposes of reducing blight in our business districts and of providing the city with increased sales and use tax revenues generated upon and by properties improved as a result of this program and allowing owners and proprietors opportunities to improve properties which generate sales activities AND CREATE ADDITIONAL EMPLOYMENT OPPORTUNITIES, which improvements make those properties more competitive in the marketplace and further provide to owners and proprietors additional contingent sources of revenues for tmUPgrading such properties. (d) The city council specifically finds and determines that creation of this "business development zone" division and the exercise of the powers enumerated herein are consistent with and promotes the public health , safety and general welfare of the citizens of Wheat Ridge . Sec. 22-87. Definitions. As used in this division , the following phrases shall have the following meanings unless the context clearly indicates another meaning: ( 1) The phrase eligible city fees , charges and taxes shall mean and shall be limited to use tax on furniture and fixtures associated with the initial development or redevelopment "project ," use tax on building materials , building permit fees and zoning fees. (2) The phrase expected incremental future sales and use tax revenue shall mean the amount of the additional sales and use tax revenue , as projected by the city , expected to be generated during the council-designated time period from the time of completion of the "project" over and above the sales and use tax fees generated on the premises in the twelve (12) months preceding the application described in section 22-88. (3) The phrase owner or proprietor shall mean the record owner, tenant or operator of an individual business or, in the case of a shopp i ng center, the owner of the real property upon which more than one business is operated. ( 4) Project shall mean the specific development or redevelopment expenditures which relate both to the abatement of "eligible city fees, charges , and taxes" and "expected incremental future sales and use tax revenues ." Sec. 22-88. Participation. Participation in the business development zone program shall be based upon approval by the city council , exercising its legislative discretion in good faill:l. Any owner or proprietor of an established , proposed or newly purchased business , or the owner or proprietor of an existing business which wishes to expand AND INVEST AT LEAST $250 ,000 IN PRIVATE IMPROVEMENTS IN THE PROJECT , may apply to the city for inclusion with in the program . Abatement or sharing of eligible city fees , charges , and taxes shall , upon approval of the application AGREEMENT by the city council , be granted up to the amount of expected incremental future sales and use tax revenue to be generated by the project during the agreed to time period ACCORDING TO THE FOLLOWING REBATE SCHEDULE : Amount of Investment in Project Eligible City Fees, Charges and Taxes Rebate $250,000 to $499 ,999 25% $500,000 to $999 ,999 50% $1 ,000 ,000 or higher 75% Sec. 22-89. Approval of agreement; use of funds generally. Approval by the city council of an agreement implementing the provisions of this division shall entitle the applicant to share in the eligible city fees , charges and taxes up to the amount agreed by the city council ; provided , however, that appl icant may use such amounts only for the purpose of developing or redeveloping the business w ithin the approved business development zone , which purposes shall be specifically enumerated in the agreement provided for in section 22-942 hereof. Sec. 22-90. Uses enumerated. The uses to which the eligible city fees , charges and taxes may be put by an applicant shall be strictly limited to those which are approved by the city council and relate directly to the development or redevelopment of businesses within the city , which developed or redeveloped businesses will generate more municipal sales and use tax revenues for the city in the future. Priority shall be given to aU businesses Ylhich make application for inclusion within this program aR4 who agree to utilize the eligible city fees , charges and taxes for the public or public-related purposes identified section 22-78 of this Code of Laws . Se&. 22 91. ln&rements, sl=laring of funds. The base figure for eligible city fees , charges and taxes shall be divided into twelve (12) monthly increments , which increments are subject to agreement between the parties and appro'led by the city council, and which increments shall be reasonably related to the amount of sales and use taxes generated on the premises in the twel'le (12) months preceding the application recei'led by the city for participation in this program. The accounting and payment pro'lisions of sections 22 70 and 22 80 hereof are hereby declared to be applicable to any application appro'led hereunder. Sec. 22 92. Capital impro•1ement fund. The one (1) percent of use taxes earmarked for the capital impro'lement fund may be utilized in this business de'lelopment zone program for public impro'lements so long as the same are within the meaning of the phrase capital impro'lements as defined in the 'later appro'led sales tax referendum pre'liously held within the city, and pro'lided the public impro'lements are found and determined by the city council to be capital impro'lements which could be pro'lided by the city from the capital impro'lement fund but for the pro'lision of such impro'lements by the applicant. Sec. 22-931. Criteria for approval of AGREEMENT application. (a) Approval of A BDZ AGREEMENT an application for inclusion in this business de'lelopment zone program shall be given by the city council, at a public hearing held as a portion of a regularly scheduled city council meeting, NOTICE OF WHICH HAS BEEN PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING. THE COUNCIL'S APPROVAL OF A BDZ AGREEMENT SHALL BE BASED UPON THE IDENTIFIED NEED OR VALUE THE BUSINESS OFFERS TO THE COMMUNITY IN TERMS OF SALES AND USE TAX GENERATION, INVESTMENT IN THE COMMUNITY OR INCREASED EMPLOYMENT based upon the following criteria : ( 1) The amount of expected incremental future sales and use tax revenue which can reasonably be anticipated to be derived by the city through the expanded or new tax generating business; (2) The public benefits which are provided by the applicant through public works, public improvements, additional employment for city residents, etc.; (3) The amount, if any, of city expenditures which may be deferred based upon public improvements to be completed by the applicant; ( 4) The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; (5) The agreement required by section 22-942 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section. (b) Approval of any application AGREEMENT shall be made by motion adopted by a majority of the entire city council. (c) The city council may by three fourths (%) majority 'lote approve exceptions to the provisions of this division when such mmeptions are found to be in the public's interest and such exceptions pro';ide substantial benefit to the city. Sec. 22-942. Agreement required. Each application AGREEMENT for approval to the city council shall be subject to approval by the council solely on its own merits. Approval of one application AGREEMENT shall not require, or be deemed precedent for, approval of any other application AGREEMENT. Approval of an application AGREEMENTS shall require that an agreement be executed by the owner and the city, AND which THE agreement shall, at a minimum contain: ( 1) A list of those public or public related improvements which justify applicant's approval, and the amount which shall be spenaT on such improvements; (2) The maximum amount of expected incremental future sales and use tax revenue; and the maximum time during v1hich the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of tho agreement (whether or not tho maximum amount to bo shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); (3) A statement that this is a personal agreement which is not transferable and which does not run with the land; (4) A STATEMENT +that this agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; (5) The base amount which is agreed upon by month, and the fact that if, in any month as specified, expected incremental future sales and use tax revenue received from the property does not at least equal such amount, that there shall be no sharing of funds for such month; (6) The base amount shall be agreed upon, which shall consider the use taxes generated by the property in question, or a similar property within the city in the event of a new business; (7) A provision tThat any expected incremental future sales and use tax revenue shall be escrowed in the event there is a legal challenge to this business development zone program; (8) An affirmative statement that the obligations, benefits and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council, and further that no third party shall be entitled to rely upon or enforce any provision hereof; (9) Any other provisions agreed upon by the parties and approved by the city council. Sec. 22-963. NO Jjoint ventureR liability. The city council has enacted this business development zone as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased tax revenues generated upon and by properties improved as a result of this program; public improvements being completed by private owners through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to improve properties which generate sales and other business activities. The city council specifically finds and determines that creation of this business development zone is consistent with the city's powers as a home rule municipal corporation, and that exercise of such powers in the manner set forth herein is in furtherance of the public health, safety and welfare . Notwithstanding any provision hereof, the city shall never be a joint ventureR in any private entity or activity which participates in this business development zone program, and the city shall never be liable or responsible for any debt or obligation of any participant in this business development zone. Sec. 22-964. ESTIP and TIF. If the applicant, owner or proprietor participates in the city's Enhanced Sales Tax Incentive Program ("ESTIP") or if the owner's or proprietor's business is located in an urban renewal area in which all or a portion of sales tax revenues have been pledged as part of a tax increment financing program, he or she shall be ineligible for participation in this business development zone program. Sees. 22-9+5-22-997. Reserved. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 28th day of July, 2014, 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 11, 2014 at 7:00 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 of , 2014. SIGNED by the Mayor on this __ day of _____ , 2014. ATTEST: Janelle Shaver, City Clerk First Publication: July 31, 2014 Second Publication: Wheat Ridge Transcript Effective Date: Published: Joyce Jay, Mayor Approved as to Form Gerald E. Dahl, City Attorney Wheat Ridge Transcript and www.ci.wheatridge.co.us ,.,.~.~# .. ~ r City of • JP'WheatRi_dge ITEM NO:~ DATE: August 11 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2014 AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2014 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX RATE AND REVENUE BONDS TO FINANCE PUBLIC WORKS AND PARKS AND RECREATION INFRASTRUCTURE PROJECTS 0 PUBLIC HEARING D BIDS /MOTIONS 0 RESOLUTIONS [gj ORDINANCES FOR 1ST READING (08/11 /2014) 0 ORDINANCES FOR 2 ND READING (08/25/2014) YES (gj NO ISSUE: City Council directed staff to move forward with a ballot question requesting a 1% increase to the City sales and use tax rate and revenue bonds. To include this question on the 2014 ballot, the City Council must set the final ballot language and submit to the Jefferson County Clerk and Recorder by September 51h. Setting the ballot language by ordinance requires a first reading on August 11 1h and a second reading and public hearing on August 25111 to meet this deadline. PRIOR ACTION: The Mayor and City Council held their annual strategic planning retreat on March 21 51 and 22"d. The primary focus of the retreat was to review the City's current financial status and to discuss strategies for improving the City's long-term financial situation. A consensus was reached by City Council to direct staff to investigate the potential for a sales tax increase on the November 2014 ballot. Sales and Use Tax Increase Ballot Language August 11 , 2014 Page2 The City entered into an agreement with Sewald Hanfling Public Affairs in April 2014 to assist the City with a community outreach initiative to dete1mine the level of support fi·om the community for such an increase. To date, the following action items have been completed: 1. Individual interviews with the Mayor and City Council -May 22 11 d and 23rd 2. Tour of the City and City facilities-June 5th 3. Phone poll of 603 likely Wheat Ridge voters-June 17-19 4. Phone poll results presented to the Mayor and City Council -June 25th 5. Community Meetings a. July 16th, 11:30 a.m. to 1:00 p.m.-Wheat Ridge Recreation Center b. July 16th , 6:00 to 7 :30p.m.-Colorado Plus c. July 19th, 10:30 a.m. to 12:00 p.m . -Hayward Park d. July 2Yd , 6:00 to 7:30p.m.-Active Adult Center e. July 24th , 10:00 to 11 :30 a.m. -Anderson Park Phone Poll Results A summary of results from the phone poll include the following: • 61% think things in Wheat Ridge are heading in the right direction • 56% have a favorable opinion of the Wheat Ridge City Council • Parks and recreation opportunities and public safety are highly rated • Traffic flow, congestion, road and street maintenance are the lowest rated • 63% favor the revitalization of 38th A venue into a main street business district • 57% suppmt a half-percent sales tax increase for public works and parks improvements and maintenance • 58% support a one-percent sales tax increase for public works and parks improvement and maintenance and bike and pedestrian improvements • The primary reason voters would vote for a tax increase is because it "Improves and updates, better city" • The primary reason voters would vote against a tax increase is because they "Don't like taxes" • 74% of voters feel they pay "about the right amount" of taxes • Priorities for voters o 1st -Road, Bridge & Storm Drainage Projects o 2nd -Imrrovements to Anderson Park o 3rd -38t 1 A venue and Recreation Center Additions • 62% feel the following statement is a good reason to support a tax increase: "Wheat Ridge continues to be a great place to live and raise a family. But, as other towns in the area have invested in improvements, Wheat Ridge has lost a competitive edge. Now is the time for Wheat Ridge to invest in projects that attract businesses, improve the quality of life and keep our roads safe. " Sales and Use Tax Increase Ballot Language August 11 ,2014 Page 3 Community Meetings Input Comments received from the community meetings have been divided into the following three main categories: 1. Streets, Sidewalks , Bike Lanes and Drainage 2. Economic Development Redevelopment 3. Parks and Recreation Maintenance and improvements to the City 's critical infrastructure (streets, sidewalks, drainage , trails , bike lanes) was the most common theme that came out of the community meetings as priorities for a potential sales tax increase. The second most common theme was economic development and redevelopment of the City's business/commercial sector. An informal "raise of the hands" poll was conducted at most of the community meetings. A majority of the participants said they would support a 1% sales tax increase if the revenues were designated for public works/parks and recreation improvements and maintenance projects. FINANCIAL IMPACT: Based on estimated sales and use tax revenues for fiscal year 2014 , a one percent increase in the tax rate would generate approximately $6.4 million in 2015 . BACKGROUND: The City 's primary revenue source is sales and use tax , equating to approximately 70% of total General Fund revenues. The City's current tax rate is 3% which is equal to or lower than most Denver metro area cities . In addition , Wheat Ridge has one of the lowest property tax mill levy rates in the state at 1.830 mills. On a house valued at $250 ,000 , the City receives only $36 a year in property taxes. Most other Denver metro area cities also impose other fees on their residents such as a storm water fee to fund storm water drainage issues. The City of Wheat Ridge does not impose this fee or many other types of fees that are common in other cities to help fund maintenance and construction projects. The City of Wheat Ridge is responsible for an extensive list of assets totaling over $55 million . These assets include land , buildings , vehicles , machinery and equipment, infrastructure and software. The City has over 133 miles of streets to repave , re-strip , sweep and plow on a regular basis and 36 miles of storm water drainage infrastructure to unclog and clean regularly. Over 200 vehicles and large pieces of equipment, such as police patrol cars and snowplows , must be maintained adequately to ensure City staff can provide a safe community for our residents . The Parks and Recreation Department is responsible for over 42 sites that include parks , open space, recreation centers , and other visual green space totaling approximately 430 acres. When funding is limited , the list of postponed repairs and maintenance of these assets can become very long -very fast. Projects that are put on hold , repairs that are neglected and preventative maintenance that is ignored add up to a costly and complex problem. Unfortunately, in the City of Wheat Ridge we currently have approximately $6.0 million in deferred Sales and Use Tax Increase Ballot Language August 11 , 2014 Page4 maintenance that is considered critical. This total includes over $5.0 million in street pavement rehabilitation, $500,000 in Americans with Disabilities Act (ADA) sidewalk deficiencies and $320,000 in bridge deficiencies. In addition to the City's unfunded deferred maintenance backlog, staff has identified over $267 million in community investments that are essential to the quality of life of Wheat Ridge residents and to the long-term fiscal and environmental sustainability of the community. These needs include investments in street reconstruction , bicycle and pedestrian trails , storm water drainage improvements, park improvements, undergrounding of utility lines , and improvements to municipal operating facilities . Residents also request on a regular basis additional or new investments in the City 's assets to improve their quality oflife. With the recent heavy rains , the Jack of an adequate stonn water drainage system has prompted many residents to contact the City after their garages or lawns were flooded. Speeding vehicles through neighborhoods prompt citizens to ask for more police patrol or traffic calming infrastructure to slow down drivers. Our environmentally and health conscious culture has encouraged residents to find altematives to the car and the City is continuing to receive many requests for additional mobility options such as sidewalks and bike Janes. These investments take a considerable amount of resources to fund and complete. For the City to construct and maintain a modem day stonnwater drainage system , City staff estimates the City needs approximately $1.0 million per year for such a system. The City would need over $500 ,000 a year to address neighborhood safety concems caused by speeding vehicles. Similarly, to fund and address the recommendations in the City 's Pedestrian and Bicycle Master Plan , to construct additional sidewalks and bike Janes throughout the community, an additional $500,000 per year would be required. City expenses continue to increase at a faster rate than revenues. City Council has taken a hard look at the City budget and has determined that in order to provide a base level of service to its residents , additional budget cuts are not possible. To continue to provide services and programs to the residents of Wheat Ridge , City Council has had to use reserve funds to balance the budget. The City's policy is to maintain a minimum reserve level of 17% of General Fund expenditures which equates to approximately $5 .0 million today. It is estimated that the City will spend down its reserves to 17% by the end of 2014 and therefore adequate funding for critical repairs and maintenance of the City's assets will no longer be available. REC OMMEN DATI ONS: Staff recommends approving the council bill as presented , on first reading. Sales and Use Tax Increase Ballot Language August 11 , 2014 Page 5 RECOMMENDED MOTION: "I move to approve Council Bill No . 10-2014, an ordinance submitting a ballot question to the voters of the City at the November 4 , 2014 election , concerning an increase in the sales and use tax rate and revenue bonds to finance public works and parks and recreation infrastructure projects, on first reading, order it published , public hearing set for Monday, August 25 , 2014 at 7:00p.m. in City Council Chambers, and that it take effect immediately upon adoption ." Or, "I move to postpone indefinitely Council Bill No . 10-2014, an ordinance submitting a ballot question to the voters of the City at the November 4 , 2014 election, concerning an increase in the sales and use tax rate and revenue bonds to finance public works and parks and recreation infrastructure projects, for the following reason(s) " REPORT PREPARED BY; Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 10-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 1 0 Ordinance No. ___ _ Series of 2014 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2014 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX RATE AND REVENUE BONDS TO FINANCE PUBLIC WORKS AND PARKS AND RECREATION INFRASTRUCTURE PROJECTS WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions to the electorate pursuant to Section 6.3 of the Home Rule Charter and CRS 31-11-111; and WHEREAS, the Council wishes to refer a ballot question concerning an increase in the City's sales and use tax rate to pay revenue bonds issued for the purpose of financing various public works and parks and recreation infrastructure projects. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot question referred. The following ballot question is hereby referred to the electorate of the City at the November 4, 2014 election: SHALL THE CITY OF WHEAT RIDGE TAXES BE INCREASED BY UP TO $6.4 MILLION ANNUALLY IN THE FIRST FULL FISCAL YEAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, BY INCREASING THE RATE OF SALES AND USE TAX LEVIED BY THE CITY BY ONE PERCENT (1.0%), AND SHALL CITY OF WHEAT RIDGE DEBT BE INCREASED BY UP TO $40 MILLION, WITH A MAXIMUM REPAYMENT COST NOT TO EXCEED $68.5 MILLION, WITH THE PROCEEDS OF SUCH DEBT AND SUCH TAXES TO BE USED FOR: • CRITICAL FACILITY, INFRASTRUCTURE AND ECONOMIC DEVELOPMENT PROJECTS TO ALLOW WHEAT RIDGE TO OPERATE, MAINTAIN AND IMPROVE ROADS, BRIDGES AND STORM WATER AND FLOOD PLAIN DRAINAGE SYSTEMS • CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF PARKS AND RECREATION IMPROVEMENTS INCLUDING REVITALIZATION OF ANDERSON PARK TO IMPROVE ITS OVERALL EFFECTIVENESS AND EFFICIENCY AS A MULTI-GENERATIONAL FAMILY ACTIVITY PARK INCLUDING IMPROVEMENTS TO THE OUTDOOR POOL AND FACILITIES AND THE ANDERSON RECREATION BUILDING, Attachment 1 SUCH INCREASE IN THE SALES AND USE TAX RATE TO BEGIN ON JANUARY 1, 2015; SUCH DEBT TO BE SOLD IN ONE OR MORE SERIES AT A PRICE ABOVE, BELOW OR EQUAL TO THE PRINCIPAL AMOUNT OF SUCH DEBT AND ON SUCH TERMS AND CONDITIONS AS THE CITY MAY DETERMINE , INCLUDING PROVISIONS FOR REDEMPTION OR REFUNDING OF THE DEBT PRIOR TO MATURITY WITH OR WITHOUT PAYMENT OF PREMIUM OF NOT TO EXCEED 3.0%, AND SHALL THE CITY BE AUTHORIZED TO ISSUE DEBT TO REFUND THE DEBT AUTHORIZED IF AFTER THE ISSUANCE OF SUCH REFUNDING DEBT THE TOTAL OUTSTANDING PRINCIPAL AMOUNT OF ALL DEBT ISSUED PURSUANT TO THIS QUESTION DOES NOT EXCEED THE MAXIMUM PRINCIPAL AMOUNT AUTHORIZED AND IF ALL DEBT ISSUED PURSUANT TO THIS QUESTION IS ISSUED ON TERMS THAT DO NOT EXCEED THE REPAYMENT COSTS AUTHORIZED IN THIS QUESTION ; AND SHALL THE REVENUES RAISED BY SUCH SALES AND USE TAX RATE INCREASE AND PROCEEDS OF SUCH DEBT , ANY OTHER REVENUE USED TO PAY SUCH DEBT , AND INVESTMENT INCOME THEREON , BE COLLECTED AND SPENT BY THE CITY AS A VOTER-APPROVED REVENUE CHANGE PURSUANT TO ARTICLE X , SECTION 20 OF THE COLORADO CONSTITUTION? Section 2. 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 3. Severability; Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 4. Effective Date . This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 11th day of August , 2014 , 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 25 , 2014 , 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 of , 2014. SIGNED by the Mayor on this ____ day of _________ , 2014. 2 ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl , City Attorney First Publication: Second Publication : Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor 3 .... ~~., ~ I r City of • ?Wheat:Ri_dge ITEMNO: 5, DATE: August 11 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2014 AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2014 ELECTION, CONCERNING A STREET WIDTH DESIGNATION FOR PORTIONS OF 38TH A VENUE D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS [8J ORDINANCES FOR 1ST READING (08 /11 /2 014) 0 ORDINANCES FOR 2 N° READING (08/2 5/2014) QUASI-JUDICIAL: D YES c9~ [8J NO ISSUE: On July 14th, City Council held a public hearing and designated street widths for the 381h Avenue Corridor project and directed staff to prepare an ordinance to submit the street width question to the voters. To submit a ballot question to the voters at the November 4 , 2014 election , the City must have the finalized ballot language to the Jefferson County Clerk and Recorder by September 51h. To meet this deadline, an ordinance would be scheduled for first reading on August II th with second reading and public hearing scheduled for August 25th. PRIOR ACTION: On July 14th , City Council held a public hearing and designated street widths for the 381h Avenue Corridor project and directed staff to prepare an ordinance to submit the street width question to the voters. FINANCIAL IMPACT: There is no direct financial impact to designating street width. The City Clerk's Office has budgeted $13 ,500 for the 2014 coordinated election with Jefferson County. 38th Avenue Street Width Ballot Language August 11 , 2014 Page 2 BAC KGRO UN D : Approva l of a revised street width is required in accordance with Section 5.20 of the City Charter. A change or revision to the width of any street shall be reviewed in accordance with the City Code, Section 21 -3 , as follows : 1. Flow line a. The "flow line" defines the width of the street and can be described as the face of curb to face of curb distance. This has been interpreted/understood to include any on-street parking. b. The existing flow line width for 38th Avenue within the project boundaries is generally 50 feet or just over in most locations. Per the accepted Phase II streetscape conceptual design , the majority of the proposed width is 35 feet. This width occurs from 230 feet east of High Court to the east end of the project at Marshall Street. c . The section of 38th Avenue between High Court and 230 feet east of High Court includes parking on one side of the street, so the width would be 41 feet at this location. d . West of High Court to Upham Street , parking is proposed on both sides of the street , so the width at this location would be 47 feet. e. Exceptions to the curb to curb width would include traffic calming (i.e., curb "bump outs") and tum lanes and/or acceleration/deceleration lanes. 2. Street Reconstruction a . Street reconstruction is defined per the City Code as at least 250 feet long and includes the removal of existing pavement, curb , and /or gutter and construction of the same. The overall project, which may be constructed in phases as needed , meets this threshold. 3. Public Hearing Process a . No earlier than one year prior to reconstruction , a public hearing is required to designate a change in street width. b. After the public hearing on July 14 ,2014, construction in at least some fashion must occur by July 14 , 2015. This has been interpreted by the City Attorney as the issuing of a Notice to Proceed to a contractor who has been awarded a contract through the public bidding process. R ECOMMEN DAT IO NS : Staff recommends approving the council bill as presented . REC O MMEN D ED M O T IO N: "I move to approve Council Bill No. 11-2014, an ordinance submitting a ballot question to the voters of the City at the November 4, 2014 election, concerning a street width designation for portions of 38th A venue, on first reading, order it published , public hearing set for Monday, August 25 , 2014 at 7:00p.m. in City Council Chambers , and that it take effect immediately upon adoption." 38th Avenue Street Width Ballot Language August 11 , 2014 Page 3 Or, "I move to postpone indefinitely Council Bill No . 11-2014, an ordinance submitting a ballot question to the voters of the City at the November 4 , 2014 election, concerning a street width designation for portions of381h Avenue, for the following reason(s) ." REPORT PREPARED BY; Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 11-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 11 Ordinance No. ___ _ Series of 2014 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2014 ELECTION, CONCERNING A STREET WIDTH DESIGNATION FOR PORTIONS OF 38TH AVENUE WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions to the electorate pursuant to Section 6.3 of the Home Rule Charter and CRS 31-11-111; and WHEREAS, the Council wishes to refer a ballot question concerning a street width designation for portions of 38th Avenue. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot question referred. The following ballot question is hereby referred to the electorate of the City at the November 4, 2014 election: SHALL A STREET WIDTH FOR 38TH AVENUE BETWEEN UPHAM STREET AND MARSHALL STREET BE ESTABLISHED BY CITY COUNCIL IN ORDER TO IMPLEMENT THE VISION OF THE 38TH AVENUE CORRIDOR PLAN TO REVITALIZE THE 38 TH AVENUE CORRIDOR BETWEEN UPHAM STREET AND MARSHALL STREET INTO A MAIN STREET BUSINESS DISTRICT TO INCLUDE WIDER PEDESTRIAN SIDEWALKS, AMENITY ZONES WITH LANDSCAPING AND SEATING AREAS , ON-STREET PARKING, PUBLIC ART, AND COMMUNITY GATHERING PLACES, SUCH THAT THE STREET WIDTH FOR 38TH AVENUE BE ESTABLISHED AT 47 FEET FROM UPHAM STREET TO HIGH COURT, 41 FEET FROM HIGH COURT TO 230 FEET EAST OF HIGH COURT, AND 35 FEET FROM 230 FEET EAST OF HIGH COURT TO MARSHALL STREET? Section 2. 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 . Attachment 1 Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this 11th day of August, 2014, 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 25, 2014, 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 of , 2014 . SIGNED by the Mayor on this ____ day of _________ , 2014. ATIEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor 2 ~'~ ...... ~ r-City of • ?WheatR.l_,dge ITEMNO: /_p , DATE: August 11 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 45-2014-A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CLERK AND RECORDER FOR JEFFERSON COUNTY COLORADO AND THE CITY OF WHEAT RIDGE REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE NOVEMBER 4, 2014, COORDINATED ELECTION D PUBLIC HEARING D BIDS /MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2 N D READING D YES The City of Wheat Ridge will participate in a coordinated election on November 4 , 2014. The attached resolution and Intergovernmental Agreement (IGA) must be executed and forwarded to Jefferson County by Tuesday, August 26 , 2014. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct for the coordinated election . The duties of the County Clerk include, but are not limited to ballot preparation, voter lists , staff selection and training, providing election supplies , counting o f the ballots , and certification of results . The duties of the City ofWheat Ridge include, but are not limited to Call and Notice and ballot preparation . The City Clerk shall act as the City of Wheat Ridge 's Election Officer and the designated election official. She shall act as the primary liaison between the City of Wheat Ridge and the contact officer for the County Clerk and Recorder. Council Action Form-IGA for Coordinated E lection August 11 , 2014 Page2 RIOR ACTION: None FINANCIAL IMPACT: The City ofWheat Ridge shall pay its pro-rated costs (defined below) for all services , equipment, forms and supplies provided by the County Clerk pursuant to this Agreement. In addition , the Jurisdiction shall pay the pro-rated costs for all county employee overtime and temporary employee regular and overtime solely related to the preparation and conduct of the election at each employee's rate or $1,000, whichever is greater. The Jurisdiction 's pro-rated costs shall be determined in accordance with the formula set forth in the IGA Exhibit A attached hereto and incorporated herein by this reference. BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law . RECOMMEND A TJONS: The County Clerk and the City Clerk have determined that it is in the best interests of Jefferson County, the City of Wheat Ridge and their respective inhabitants , to cooperate and contract concerning the election upon the tenns and conditions in the IGA. RECOMMENDED MOTION: "I move to approve Resolution No . 45-2014, a resolution authorizing an lntergovemmental Agreement with the county of Jefferson , state of Colorado and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the November 4 , 2014 Coordinated Election." Or, "I move to postpone indefinitely Resolution No. 45-2014 , a resolution authorizing an Intergovernmental Agreement with the county of Jefferson , state of Colorado and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the November 4 , 2014 Coordinated Election for the following reason(s) " REPORT PREPARED BY: Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 45-2014 2. lntergovemmental Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 45 Series of 2014 TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CLERK AND RECORDER FOR JEFFERSON COUNTY COLORADO AND THE CITY OF WHEAT RIDGE REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE NOVEMBER 4, 2014 COORDINATED ELECTION WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the Jefferson County Clerk (County Clerk) and the City of Wheat Ridge (City) shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 2014; and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the "City Clerk") are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the election as a "coordinated mail ballot election" as such term is defined in the Uniform Election Code of 1992, C.R.S. Title 1, as amended and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended; and WHEREAS, the City has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the City have determined that it is in the County's and City's best interests to cooperate in connection with the election upon the terms and conditions contained in the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge: Section 1 . The appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement (IGA) by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the County's and City's respective duties concerning the conduct of the coordinated election to be held on November 4, 2014, attached hereto as Exhibit A. Section 2. For the purposes of the November 4, 2014 election and to carry out the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code of 1992. Attachment 1 DONE AND RESOLVED on this 11th day of August, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION THIS INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (the "Agreement") is made and entered into , 2014 by and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and the -----------------(the "Jurisdiction"), collectively referred to as the "Parties." WITNESSETH WHEREAS, pursuant to C.R.S . § 1-7 -116(2), as amended , the County Clerk and the Jurisdiction shall enter into an agreement for the administration of their respective duties concerning the conduct of the general election to be held on November 4 , 2014 (the "Election"); and WHEREAS , the County Clerk and the Jurisdiction are authorized to conduct elections as provided by law; WHEREAS , the County Clerk will conduct the Election as a "mail ballot election" as such term is defined in the Uniform Election Code of 1992 , C.R.S. Title I , as amended (the "Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (the "Rules"); WHEREAS , the Jurisdiction has certain ballot issues and /or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS , the County Clerk and the Jurisdiction have determined that it is in the Parties ' best interests to cooperate in connection with the Election upon the terms and conditions contained in this Agreement. NOW, THEREFORE , for and in consideration of the promises herein contained, the sufficiency of which is hereby acknowledged , the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose of this Agreement is to set forth the Parties ' respective tasks in order to conduct the Election and to allocate the cost thereof. 1.02 Coordinated Election Official. The County Clerk shall act as the "coordinated election official " in accordance with the Code and Rules and shall conduct the Election for the Jurisdiction and do all other things required to be done by it in accordance with the Code and the Rules. The County Clerk designates Christi Coburn as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the Attachment 2 Election with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election. 1.03 Designated Election Official. The Jurisdiction designates _____ _ ________ as its "Election Officer" to act as primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary re sponsibility for Election procedures to be handled by the Jurisdiction. The Election Officer shall act as the "designated elect ion official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance with the Code and the Rules. The Election Officer shall be readily available and accessible during regular business hours , and at other times when notified by the Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction . In addition. the Election Officer is responsible for receiving and timely responding to inquiries made by its voters or others interested in the Jurisdiction's election. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County, Colorado. This Agreement shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson County . 1.05 Term. The term of this Agreement shall be from the date set forth above through December 31, 2014 and shall apply only to the Election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the following duties for the Jurisdiction: A. Voter Registration. I . Supervise, administer and provide necessary facilities and forms for all regular voter registration sites. 2. Notify the Jurisdiction of the certified number of registered electors residing within the Jurisdiction as of the close of the registration books on the 29th day prior to the Election. B. Ballot Preparation. I. Layout the text of the ballot in a format that campi ies with the Code and the Rules. 2 . Provide ballot printing la youts and text for the Jurisdiction· s review and signature. 3. Certify the ballot content to the printer(s). 4. Contract for ballots, with a vendor acceptable to the County Clerk. 2 C. Voter Lists . I. Upon request of the Jurisdiction , create a list of registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2 . Upon request of the Jurisdiction , certify such registration list to one or more designated representatives ofthe Jurisdiction. D. Staff. Appoint and train a sufficient number of staff (including part-time , full-time and temporary) to adequately serve the number of electors registered to vote at the Election. E. Election Judges. Appoint and compensate a sufficient number of election judges for each voter service and polling center and for locations for mail ballot processing locations , as required by law. The Jurisdiction shall pay its pro-rated share of Election costs (as further described in Article IV) for training, criminal background records checks and compensation of election judges. F. Voter Service and Polling Centers. I. Conduct registration and voting in the County Clerk's office and at other locations for the Jurisdiction as required by the Code. 2. Obtain and provide all ballots and supplies necessary for voting together with replacement ballots. G. Election Supplies. Provide all necessary equipment, forms and supplies to conduct the Election , including the County's electronic voting equipment. The Jurisdiction shall be charged its pro-rated share of Election costs for any software programs used to count voted ballots as well as pre-and post-election maintenance and on-site technical personnel. H. Election Day Preparation. I . Prepare and run pre-election logic and accuracy testing in accordance with C.R .S. §1-7-509(2) and the Rules. 2. Provide necessary electronic voting equipment together with personnel and related computer equipment for pre-election logic and accuracy testing and Election day needs. I. Voted Ballot Deposit I . Provide a ballot box and seal within the Jurisdiction's primary business location for the use by all county voters. 2. Provide daily , or less frequently as agreed , business-day pick-up of the sealed ballot box containing voted ballots from all assigned locations , and provide a replacement empty ballot box and seal. 3 J. Election Day Activities . 1. Provide telephone and in person support from 6:00a.m. to 7:00p.m. on Election day. 2. Inspect voted ballots, count ballots and furnish the Jurisdiction with unofficial results of the Election via an online reporting website. K. Counting Ballots. I. Conduct and oversee the ballot counting process and report the results by Jurisdiction. 2. Establish backup procedures and backup sites for ballot counting should counting equipment fail. In such event. counting procedures will be moved to a predetermined site for the duration of Election counting procedures. 3. Provide personnel to participate in and assist with ballot counting procedures. The Jurisdiction shall participate to ensure its participation in any electronic vote tabulatin g processes. L. Certifying Results. I. Appoint. instruct and oversee the board of canvassers. 2. Certify the results of the Jurisdiction·s Election within the time required b y law and provide the Jurisdiction with a copy of all Election statements and certificates. which are required under the Code. 3. If a recount is called for. conduct a recount in accordance with applicable law . 4. Conduct post-election audit of voting equipment and vote-counting equipment in accordance with C.R.S. § 1-7-509 and the Rules. M. Recordkeeping. I. Store all Election records as required by law. Store all voted and unvoted ballots for the time period required by the Code, store voter affidavits of electors who cast ballots in the Election for a minimum of25 months in such a manner that they may be accessed by the Jurisdiction , if necessary, to resolve any challenge or other legal questions that might arise regarding the Election. 2. Capture vote history for the County Clerk"s election department vote history file by County precinct. 4 2.02 No Expansion of Duties. Nothing contained in this Agreement is intended to ex pand the duties of the County Clerk beyond those set forth in the Code or the Rules . 3.01 ARTICLE Ill DUTIES OF JURISDICTION Jurisdiction's Duties. The Jurisdiction shall perform the following duties: A. Authority . Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the E lection in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Call and Notice. Publish all notices relative to the Election as required by the Code, the Rules , the Jurisdiction's Charter and any other statute, rule or regulation. C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal descriptions of each precinct, ward and voting jurisdiction no later than August 26, 2014 . D. Petitions, Preparation and Verification. Perform all responsibilities required to certify any candidate or initiative petition to the ballot. E. Ballot Preparation . I. Submit a copy of the list of candidates, ballot issues or questions and the titles and summaries of each such issue and question to the County Clerk via email or electronic format ex actl y as s uch list is to be printed on the ballot pages no later than September 5 , 2014 at 3 :00p.m. 2 . Provide audio recording of the proper pronunciation of any candidate name certified to the Clerk and Recorder. 3 . Proof the layout and text of any official ballot before authorizing the printing of such ballot via signature approval to the County Clerk. F. Election Day Preparation. Provide a minimum of one individual to represent the Jurisdiction at pre-election logic and accuracy testing required by the Code and the Rules and provide a minimum of one individual to represent the Jurisdiction on the canvass board , which shall be established as provided in C.R.S. §1-10-101 , et . seq. The name ofthe Jurisdiction 's representative shall be submitted in writing to the Contact Officer on or before 5:00p.m. on September 30, 2014 , the 15 1h day prior to the Election. G . Voted Ballot Deposit. I. Provide a prominent location for a sealed ballot box in which all county voters ma y deposit their voted ballot. The ballot box must be available to voters from 7:00a.m. to 7:00p.m. 5 on the day of the Election. For 24-hour ballot boxes, the ballot box must be available to voters 24 hours per day ( 12AM to II :59PM) on the dates specified by the County for the Election. 2. Provide constant supervision during business hours for the ballot box and ensure that the ballot box is never left unattended. 3. Provide a secure. locked storage location for the ballot box during all non- business hours. 4. Provide for the secure delivery of sealed ballot boxes to the County Clerk immediately after polls close on Elect ion Day. H. Ballot Counting. Participate in vote tabulating procedures. 3.02 Cancellation of Election by the Jurisdiction. If the Jurisdiction resolves not to hold the Election. then written notice shall be delivered to the Contact Officer immediately ; provided, however that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction cancels the Election. it shall pay the County Clerk its actual costs relating to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's notice of cancellation. within 30 days after cancellation. The Jurisdiction shall provide notice by publication (as defined in the Code) of cancellation of the Election and a copy of such notice shall be posted in the office of the Jurisdiction and in the office of the County Clerk. ARTICLE IV COSTS 4.01 Election Costs . The Jurisdiction shall pay its pro-rated share of Elections costs for all Election services. including, without limitati on. temporary staff time (regular and overtime), equipment. forms. materials and supply costs. In addition , the Jurisdiction shall pay its share of pro-rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the Election at each employee· s pay rate or. if such costs do not exceed $1.000. then $1000, whichever is greater. The Jurisdiction· s pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached to , and incorporated into. this Agreement. 4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total due upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of I ~%per month or the highest rate permitted under law. 6 ARTICLE V MISCELLANEOUS 5.01 Notices. All notices required to be given under this Agreement shall be deemed received and effective: (I) three days after the same is mailed by first class, certified mail , return receipt; (2) immediately upon hand delivery; or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile ; to the address of the Parties as set forth below or to addresses as may be designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson with a copy to : To Jurisdiction : Jefferson County Clerk and Recorder I 00 Jefferson County Parkway, Suite 2560 Golden , Colorado 80419 Fax: (303) 271-8197 Jefferson County Attorney 's Office 100 Jefferson County Parkway, Suite 5500 Golden , Colorado 80419 Fax : (303) 271-8901 Fax: --------------------------- 5.02 Amendment. This Agreement may not be modified or amended except in a writing signed by the Parties. 5.03 Entire Agreement. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, understandings , representations and all other communications, both oral and written , between the Parties. 5.04 Indemnification. To the extent permitted by law, each Party agrees to indemnify and hold harmless the other Party, its officials , officers, employees and agents from and against any and all losses , costs (including attorneys fees), demands or actions arising out of or related to any negligent actions, errors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. 5.05 Conflict of Agreement with Law, Impairment. If any provision in this Agreement conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the Jurisdiction , this Agreement will be modified to conform thereto. No subsequent resolution or ordinance of the Jurisdiction shall waive or impair the rights of a Party without the consent of the other Party. 7 5.06 Time of Essence. Time is of the essence in the performance of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks required by this Agreement. 5.07 No Third Party Beneficiaries. Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a party to this Agreement. 5.08 Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law; Jurisdiction & Venue . This Agreement and the rights of the Parties under it wi II be governed by , and construed in accordance with. the laws of the State of Colorado. without regard to the conflicts of laws rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson. State of Colorado. 5.10 Headings. The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning of any provision of this Agreement. 5.11 Counterparts . This Agreement may be executed in counterpart. each of which will be deemed an original. Delivery of an executed signature page ofthis Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. 5.12 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid. void or unenforceable , such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved. It is the intention ofthe parties that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunities Act, §24-1 0-10 I, C.R.S, e/. seq. 8 IN WITNESS WHEREOF, the Parties have si gned this Intergovernmental Agreement for Coordinated E lection as ofthe date set f011h above. J E FFERSON COUNTY CLERK AND RECORD E R By ________________________ _ Name: Pamela Y. Anderson Title: Clerk and Recorder APPROV E D AS TO FORM FOR THE COUNTY CLERK: By ________________ _ Assistant County Attorney JURISDICTION : By ________________________ _ Name : Title : APPROV E D AS TO FORM FOR THE JURISDICTION : By ________________ _ Name: --------------- T itle : ---------------- 9 EXHIBIT A CALCULATION OF ELECTION COSTS FOR A JURISDICTION I) Each ballot style is comprised of different combinations of jurisdictions on the ballot. For example Ballot Style I might include the County and State only , Ballot Style 2 might include the County, the State and the Jurisdiction . 2) The County Clerk first determines the total number of voters for each ballot style by utilizing a computer program after ballot information is entered into its system. Then , the total number of voters for each jurisdiction by ballot style is determined by taking the total number of voters for each ballot style and dividing this number by the number of jurisdictions participating in such ballot style. Using the scenario in number I above , if Ballot Style 2 had 99 voters, then each entity would be allocated 33 voters because three jurisdictions share that ballot style (99 divided by 3 = 33). 3) The total number of voters a jurisdiction is allocated pursuant to the formula in number 2 above is then divided by the total number of registered voters in the County . Using the example set forth above for Ballot Style 2, each jurisdiction is allocated 33 voters. Thus, 33 is divided by the total number of registered voters to determine the percentage for which each jurisdiction is responsible in connection with Ballot Style 2. For example, if the total number of registered voters was I 0 ,000, then each jurisdiction would be responsible for .33 % for Ballot Style 2 (33 divided by I 0.000 = .0033 or .33%). 4) After all ballot styles are tallied , the percentages for the ballot styles for each jurisdiction are added together to get thatjurisdiction·s grand total percentage . For example. if the Jurisdiction was included in three ballot styles and the Jurisdiction 's resulting percentages for the three ballot styles was 0.6%, 0.25%. and 3.5%. the sum of these percentages for the three ballot styles would result in a grand total of 4.35% (0.6 + 0.25 + 3.5 = 4.35%). 5) The resulting percentage grand total described in the formula in number 4 above is then used to determine ajurisdiction·s total cost for the election. For example. if the Jurisdiction·s grand total percentage was 4.35% and the total cost of the election was $200,000, then the Jurisdiction would owe $8700.00 ($200,000 multiplied by .0435 = $8700.00). There is a $1000 minimum charge. so no jurisdiction will be charged less than $1000. All numbers used above are for illustration only . The Jurisdiction shall not assume the above examples reflect its actual or estimated cost for the Election. See also sample chart below for further illustration. [YEAR] [ELECTION TITLE] [JURISDICTION] STYLE NUMBER OF DIVIDED BY THE TOTAL VOTERS DIVIDED BY PERCENTAGE NUMBER VOTERS NUMBER OF PER TOTAL PER JURISDICTIONS JURISDICTION NUMBER OF JURISDICTION BALLOTS ISSUED TOTAL (000,000) TOTAL PERCENTAGE FOR [JURISDICTION] 10 .. ~~., ... ~ .,. . City of • JP"WheatRi___dge ITEM NO: YJ . DATE: August 11 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 46-2014 -A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CLERK AND RECORDER FOR JEFFERSON COUNTY COLORADO AND THE CITY OF WHEAT RIDGE REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2ND READING D YES ~ NO Cicy~ The City of Wheat Ridge will participate in a coordinated election on November 4 , 2014 . The attached resolution and Intergovernmental Agreement (IGA) must be executed and forwarded to Jefferson County by Tuesday, August 26 , 2014. The documents refer to the respective duties of the County and the City of Wheat Ridge concerning the production of a mailed notice concerning ballot issues that will be submitted to eligible voters of the City ofWheat Ridge. TABOR requires that notices containing election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap. PRIOR ACTION: None Council Action Form -IGA for Tabor Election August 11 ,2014 Page2 FINANCIAL IMPACT: The City of Wheat Ridge shall pay a pro-rated amount for the costs to produce and mail the notice . Such pro-ration shall be made based upon the percentage of households in which an "active" registered voter resides who is an eligible elector of the Jurisdiction, the number of ballot issues , and the number of pages and partial pages used within the notice package for the Jurisdiction 's Notice, in accordance with the formula attached as Exhibit "A". A special district's pro-rated payment will be based upon the total number of households within Jefferson County and not merely the number of households within the district. In addition, the Jurisdiction shall pay $100.00 for each ballot issue included in the notice package and $50.00 for each page and partial page on which Jurisdiction 's notice appears. In addition to the payment set forth in 4.01 ofthe IGA , the Jurisdiction shall pay $200 .00 for each ballot question included in the notice package. If inclusion ofthe ballot question(s) increases the cost to produce and/or mail the notice package , the Jurisdiction shall also pay for a pro-rated amount based upon the total number of ballot questions submitted by all jurisdictions. BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law. RECOMMENDATIONS: The County Clerk and the City Clerk have detennined that it is in the best interests of Jefferson County, the City of Wheat Ridge and their respective inhabitants , to cooperate and contract concerning the election upon the tenns and conditions in the IGA. RECOMMENDED MOTION: "I move to approve Resolution No. 46-2014, a resolution authorizing an Intergovernmental Agreement by and between the county of Jefferson , state of Colorado and the City of Wheat Ridge regarding the production of a mailed notice concerning ballot issues." Or, "I move to postpone indefinitely Resolution No. 46-2014, a resolution authorizing an Intergovernmental Agreement by and between the county of Jefferson, state of Colorado and the City of Wheat Ridge regarding the production of a mailed notice concerning ballot issues for the following reason(s) " REPORT PREPARED BY: Janelle Shaver, City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 46-2014 2. Intergovernmental Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 46 Series of 2014 TITLE: A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CLERK AND RECORDER FOR JEFFERSON COUNTY COLORADO AND THE CITY OF WHEAT RIDGE REGARDING THE PRODUCTION OF A MAILED NOTICE CONCERNING BALLOT ISSUES WHEREAS, pursuant to Section 29-1-203, C.R.S., as amended, the County and the City of Wheat Ridge may cooperate or contract with each other to provide any function or service lawfully authorized to each; and WHEREAS, Article X, Section 20(3)(b) of the Colorado Constitution ("TABOR") and Section 1-7-901 , et seq, C.R.S . require the production of a mailed notice ("Notice") concerning Ballot Issues as defined in the Uniform Election Code of 1992 , Title I, C.R.S., as amended (the "Code") that will be submitted to eligible voters of the City of Wheat Ridge in connection with the general election to be held on November 4, 2014 (the "Election"); and WHEREAS, TABOR requires that notices containing Election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap (the "Notice Package "); and WHEREAS , the Parties desire to set forth their respective responsibilities for production and mailing of the Notice Package in connection with the Election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that the appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement (Exhibit A) by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the parties' respective duties concerning the requirement of a mailed notice concerning Tabor Issues. DONE AND RESOLVED on this 11th day of August 2014. Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk Attachment 1 INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE THIS INTERGOVERNMENTAL AGREEMENT FOR BALLOT ISSUE NOTICE (the "Agreement") is made and entered into 2014 by and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and (the "Jurisdiction"), collectively referred to as the "Parties". WITNESSETH WHEREAS , pursuant to C.R.S. §29-1-203 , as amended , Jefferson County and the Jurisdiction may cooperate or contract with each other to provide any function or service lawfully authorized to each ; WHEREAS, Article X , Section 20(3)(b) ofthe Colorado Constitution ("TABOR") and C.R.S. § 1-7-901 , et . seq ., require the production of a mailed notice concerning "ballot issues'· (as defined in the Uniform Election Code of 1992 , C .R.S . Title I , as amended) (the "Code") that will be submitted to eligible voters of the Jurisdiction in connection with the general election to be held on November 4 , 2014 (the "Election"); WHEREAS , TABOR requires that notices containing Election ballot issues of multiple jurisdictions be sent as a package where such jurisdictions overlap (the "Notice Package"); and WHEREAS , the Parties desire to set forth their respective responsibilities for production and mailing of the Notice Package in connection with the Election. NOW, THEREFORE, for and in consideration of the promises herein contained , the sufficiency of which is hereby acknowledged , the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose of this Agreement is to set forth the respective duties of the Parties in connection with the production and mailing of the Notice Package. Nothing contained in this Agreement is intended to expand the duties ofthe County Clerk beyond those duties set forth in the Code or the current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (the "Rules"). 1.02 Coordinated Election Official. The County Clerk shall act as the "coordinated election official " in accordance with the Code and Rules and shall participate in the production and mailing of the Notice Package and do all other things required to be done by it in accordance with the Code and the Rules. The County Clerk designates Christi Coburn as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the Notice Package for the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the Notice. M :\ELECT ION\ELECTION\20 14\IGAs\IGA-TAB OR 2014 fi nal.docx Attachment 2 1.03 Election Officer. The Jurisdiction designates __________ _ ______ ,as its "Election Officer" to act as the primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary responsibility for Election procedures to be handled by the Jurisdiction. The Election Officer shall be readily available and accessible during regular business hours , and at other times when notified by the Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County, Colorado. This Agreement shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson County. 1.05 Term. The term of this Agreement shall be from the date ofthe last Party 's execution through December 31. 2014 and shall apply only to the ovember 4 , 2014 Election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk's Duties . The County Clerk shall perform the following duties for the Jurisdiction : A. Print infonnation in the Notice Package exactly as such information is submitted by the Jurisdiction. B. Determine how to order notices from participating jurisdictions in the Notice Package ; however. materials supplied by the Jurisdiction shall be kept together as a group and shall remain in the order submitted by the Jurisdiction. C. Mail the Notice Package as required by the Code and the Rules. The Notice Package shall be produced and mailed by third class standard postage carrier route sort. othing shall preclude the County Clerk from sending the Notice Package to persons other than electors of the Jurisdiction if doing so arises from the County Clerk's efforts to mail the Notice Package at "least cost" under the Rules . No other notice shall be mailed. The obligation to print. assemble , and mail the Notice Package shall constitute the County Clerk 's only obligation under this Agreement. D. The County Clerk shall print and mail the Notice Package in accordance with time deadlines mandated by the Code and the Rules. The County Clerk shall not be responsible for failure to meet TABOR mailing requirements if the Jurisdiction does not submit its notice by the deadlines and in the form required by this Agreement. the Code or the Rules . 3.01 ARTICLE III DUTIES OF JURISDICTION Jurisdiction's Duties. The Jurisdiction shall perform the following duties: M \E L ECT 10N\E LECT 10 \20 14\1GAs\1GA ·TA BO R 20 14 fi nal.d ocx 2 A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction will participate in the coordinated mailing of the Notice Package in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Draft Notice. Draft its notice for each ballot issue (the "Notice "). "Ballot questions " (as defined in the Code) are not required by TABOR, the Code or the Rules to appear in its notice and will be included at the Jurisdiction's sole discretion. The Notice shall consist of the following: a title , full text, pro and con summaries each of 500 words or less , fiscal information required by TABOR, and such other information as is required by the Code . The Jurisdiction shall have sole responsibility for drafting its notice in accordance with TABOR, the Code, and the Rules. C. Submit Notice. Submit such Notice to the County Clerk no later than September 23 ,2014 at 3:00p.m. via email. D. Other. Meet all timelines set forth in the Rules and the Code in connection with its Notice. 3.02 Cancellation of Election by the Jurisdiction. If the Jurisdiction resolves not to hold the Election , then written notice shall be delivered to the Contact Officer immediately; provided, however that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction cancels the Election , it shall pay the County Clerk its actual costs relating to the Election , which may include costs incurred both before and after receipt of the Jurisdiction 's notice of cancellation , within 30 days after cancellation . The Jurisdiction shall provide notice by publication (as defined in the Code) of cancellation ofthe Election and a copy of such notice shall be posted in the office of the Jurisdiction , in the office of the County Clerk , and , if the Jurisdiction is a special district, in the office of the division of local government. ARTICLE IV COSTS 4.01 Payment for Notice of Ballot Issues . The Jurisdiction shall pay its pro-rated share of costs to produce and mail the Notice Package. The Jurisdiction 's share of costs shall be based upon the percentage of households in which an "active" registered voter resides , who is an eligible elector ofthe Jurisdiction , the number of ballot issues , and the number of pages and partial pages used within the Notice Package for the Jurisdiction 's Notice , in accordance with the formula set forth in Exhibit A , which is attached to , and incorporated into , this Agreement ; provided , however, that a special district 's pro-rated share shall be based upon the total number of households within Jefferson County and not merely the number of households within such district. In addition , the Jurisdiction shall pay $100.00 for each ballot issue and $50.00 for each page or partial page on which the Jurisdiction 's notice appears . 4.02 Payment for Notice of Ballot Questions. In addition to the payment set forth in 4.0 I above, the Jurisdiction shall pay $200.00 for each ballot question included in the Notice Package . If inclusion of a ballot question increases the cost to produce or mail the Notice Package , M \ELECTION\ELECTION\2014\IGAs\IGA-TABOR 2014 final.docx 3 the Jurisdiction shall also pay a pro-rated amount based upon the total number of ballot questions submitted by all jurisdictions. 4.03 Invoice. The County shall submit to the Jurisdiction an invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total due upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of I ~% per month or the highest rate permitted under law. ARTICLE V MISCELLANEOUS 5.01 Notices. All notices required to be given under this Agreement are deemed to be received and effective: (I) three da ys after the same is mailed by first class, certified mail , return receipt ; (2) immediately upon hand delivery: or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address of the Parties as set forth below or to addresses as ma y be designated by a Party hereafter in writing. To the County Clerk: Pamela Y . Anderson with a copy to : To Jurisdiction: Jefferson County Clerk and Recorder I 00 Jefferson County Parkway. Suite 2560 Golden , Colorado 80419 Fax: (303) 271-8197 Jefferson County Attorney" s Office I 00 Jefferson County Parkway. Suite 5500 Golden. Colorado 80419 Fax: (303) 271-8901 Fax: --------------------------- 5.02 Amendment. This Agreement may not be modified or amended except in a writing signed by the Parties. 5.03 Entire Agreement. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals , negotiations , understandings, representations and all other communications, both oral and written, between the Parties. 5.04 Indemnification. To the extent permitted by Jaw , each party agrees to indemnify, defend and hold harmless the other party, its agents, officers and employees from any and all losses , costs (including attorney's fees and court costs), demands or actions arising out of or M \ELECTIO \ELECTIO \2014\IGA s\IGA ·TABOR 2014 final docx 4 related to any negligent actions , errors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. 5.05 Conflict of Agreement with Law, Impairment. If any provision in this Agreement conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the Jurisdiction , this Agreement will be modified to conform thereto. No subsequent resolution or ordinance ofthe Jurisdiction shall waive or impair the rights of a Party without the consent ofthe other Party. 5.06 Time of Essence. Time is of the essence in the performance of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks required by this Agreement. 5.07 No Third Party Beneficiaries . Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties , and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a party to this Agreement. 5.08 Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law; Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be governed by , and construed in accordance with , the laws of the State of Colorado, without regard to the conflicts of laws rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson , State of Colorado. 5.10 Headings . The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning of any provision of this Agreement. 5.11 Counterparts. This Agreement may be executed in counterpart, each of which will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. 5.12 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid , void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved. It is the intention of the parties that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunities Act, §24-1 0-1 0 I , C .R.S , et. seq. [Signatures appear on following page.] M ·\ELECTION\ELECTION\20 14\IGAs\IGA-TA BOR 2014 fi nal.docx 5 IN WITNESS WHEREOF. the Parties have signed this Intergovernmental Agreement for Ballot Issue Notice as of the date set forth above. JEFFERSON COUNTY CLERK AND RECORDER By ________________________ _ Name: Pamela Y. Anderson Title: Clerk and Recorder APPROVED AS TO FORM FOR THE COUNTY CLERK A D RECORDER: By ________________ __ Assistant County Attorney JURISDICTION: By ______________________ __ Name: Title: APPROVED AS TO FORM FOR THE JURISDICTION: By ________________ __ arne: EXHIBIT A PRO RATA COST FORMULA THIS EXHIBIT IS FOR PURPOSES OF ILLUSTRATION ONLY. The below example assumes a otice Package with a total cost of $50,000 . Jurisdiction A B c D % Households 40 0 (Spec. Dist. forming) 35 20 Each jurisdiction pays a base cost of $100 per ballot issue and $50 per page and partial page: Jurisdiction A B c D #of Issues I @ $100 5 @ $500 2 @ $200 3@ $300 $1100 Total cost of Notice Package $50 ,000 -$2,600 Base Cost $47 ,400 Pages Used 12 @ $600 6 @ $300 6 @ $300 6@ $300 $1500 #Issues I 5 2 3 Base Cost $700 $800 $500 $600 $2600 Determine weighted average factors by multiplying the percentage of registered voter households by the number of issues : Jurisdiction A B c D % Households x 40 0 35 20 #Issues = I 5 2 3 $47 ,400 left to apportion by utilizing weighting factors: Jurisdiction A B c D TOTAL COST BY JURISDICTION : Jurisdiction A B c D Base $700 $800 $500 $600 $2 ,600 40 divided by 170 x $47 ,400 0 divided by 170 x $47 ,400 70 divided by 170 x $47,400 60 divided by 170 x $47 ,400 + Weighted Share $11 ,152 .94 0 $19,517.65 $16,729.41 $47 ,400.00 40 0 70 60 170 $11 ,152 .94 0 $19,517.65 $16,729.41 $47 ,400.00 Prorated Cost Total $11,852.94 $ 800.00 $20,017 .65 $17.329.41 $50 ,000 .00