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Home My WebLink AboutStudy Session 02/17/2004 ) \ 0,.... \\ 1\ (~( :, ~ :.... STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING FEBRUARY 17, 2004 7:00 P.M APPROVAL OF MINUTES "J vY' .,-J' .--- , i \ \), . ' \ -J '........ ~ Item 1. Board and Commission Interviews " n,) ( " ' \ '" Lv lL ) 1 q , , ( -1 /" '\ { {\ '1i [-y ( Approval of Study Session Minutes of January 20, 2004 and Special Study Session Minutes of February 9, 2004 Item 2. Results of Telephone Survey Item 3. Community Development Department Training Session regarding Basic Code Procedures Item 4 Review of Section 26-613 Home Occupation (Vehicles) \;'~ c)7 r, l'\ '.. (, ;.P " ) ) --~~~~----- --- , '---"\ (" \"-r ) ~''vf '" (, \ ~ .. . " __, '_....1 .~ , -! v '-- '\ -;- 0 CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building January 20, 2004 7:00 p.m. The Study Session was called to order by Mayor Cerveny at 7 00 p m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson; City Manager, Randy Young, Administrative Services Director, Patrick Goff; Director of Public Works, Tim Paranto, and interested citizens APPROVAL OF THE MINUTES of December 15, 2003 Mr DiTullio asked for a consensus to amend the minutes on page three to change the words "Mr Young... at the last study session" to read "at the last regular meeting", Consensus was 8 to 0 Mr DiTullio asked for a consensus to approve the Minutes of December 14, 2003 as amended, Consensus was 8 to 0 APPROVAL OF THE AGENDA Consensus to approve the agenda as written was 8 to 0 Item 1 Legislative Update Senator Moe Keller and Representative Cheri Jahn Senator Keller spoke on the legislators' interest in opening a dialogue with the elected officials and administrative officials with the City of Wheat Ridge She brought examples of contact sheets and position papers from various cities relating to the cities interests regarding various municipal issues. She said it would be very helpful to them to learn what stance Wheat Ridge wishes to take regarding to those issues Ms Anderson offered to send contact information for elected officials and staff to the legislators Sen Keller announced that she and Rep Jahn will be holding town meetings in Wheat Ridge at the Senior Center on Saturday, February 14th at 10'00 a m and at Copper Fields on Saturday, February 21st at 930 a m Senator Keller and Representative Jahn would like to invite all of the elected officials and interested citizens to attend STUDY SESSION MINUTES. January 20, 2004 Page 2 Sen Keller distributed a sheet detailing legislative bills that have impacts for municipalities Senator Keller summarized House Bill 04-1203, and the implications it will have for municipalities' urban renewal efforts Mr Gokey said that his concern regarding this issue deals with having to continue with the maintenance of distressed conditions of properties He used the example of contamination issues and municipalities retaining the ability to improve those properties He sees this type of legislation devastating to small communities such as Wheat Ridge and Golden that need to develop distressed properties He stated that without the tool of urban renewal, it would leave us in a pretty bleak situation Ms Berry expressed her concern with HB 1209 as introduced at the legislature today This prevents urban renewal to be used on vacant property Ms Berry feels that this would greatly impact a city's ability to redevelop sites with environmental or safety hazards The bill would promote urban sprawl Ms Berry doesn't know how the city would meet new market demands for housing without being able to redevelop under- utilized properties or vacant properties under urban renewal There are situations with vacant properties where you get decline of property values to adjacent landowners with a corresponding decline in tax base and you are not able to provide services to your other citizens because of those properties She feels that you need to look at urban renewal with a big picture in mind, not just individual sites Ms Berry stated that she believes some of the problems with urban renewal are when it is used solely for economic development and not part of an overall comprehensive plan for community revitalization and investment. She doesn't believe that the perception is accurate that urban renewal is used solely for the benefit of large developers She thinks that all the interested parties should get together to take time and coordinate their efforts to try to address some of these problems, rather than a knee-jerk or sound-bite reaction Rep Jahn described the meeting that she attended regarding urban renewal She told of Rep Mitchell's desire to see the bill pass as is Rep Jahn feels that there should be a dialogue on compromise ideas for the issue Mr Schulz stated his concerns with the definition of blight. and that we need a process that would improve the reputation of urban renewal He doesn't think that we should simply do away with the urban renewal process He feels that this bill is too extreme Mr DiTullio stated that any compromise on legislation should include the idea that final condemnation of the property should be at the elected official level rather than the urban renewal level, so that the elected officials are held accountable He also believes that the ordinance where a government quasi body can act on a third party's piece of property before it is acquired by that government body should be looked at. He stated that the city should have to deal directly with the property owner STUDY SESSION MINUTES January 20, 2004 Page 3 Mr Stites said he feels that you have to be extremely careful tying the hands so stringently for future This bill etches things in stone Mayor Cerveny said that the Lakewood City Council is the redevelopment authority for the city She thinks that maybe the process should be improved Mrs Sang had a problem with the knee-jerk reaction of the bill She said that on the whole, urban renewal has done a lot of good Sen Keller said that the majority of phone calls she gets are the opinion that the misuse comes in when you pit the small business owner against a large corporation in the interest of maximizing sales tax. Rep Jahn said that she cannot support this bill as written She would like to call the councilors for support on this issue, if needed, in the future Item 2 Budget Update City Manager Randy Young introduced the topic and explained that they were going to bring everyone up to speed on the 2004 budget, and kick off discussions on the 2005 budget process. Patrick Goff, Administrative Services Director, gave a presentation on the issues regarding the budget for the City of Wheat Ridge Mr Goff discussed the 2005 Budget Calendar This included opportunity for public input, public hearings, administrative deadlines, etc. This calendar will be subject to change, and Mr Goff welcomed input from Council Mrs Sang asked for a consensus to move forward on the budget calendar; it may be subject to change; Consensus was 8 to 0 Mr Goff described and summarized sections of the adopted 2004 Budget. Mr. DiTullio asked when the 2% tax increase from the 1975 initiative was actually split in the budget. City Treasurer Mary Cavarra gave historical narrative about the circumstances and intent of the sales tax at the time Mr DiTullio asked her if she believes that the current Council has the ability to legally distribute the 2% as they need to balance the budget. Ms Cavarra said that she was only speaking to the circumstances of the time, but that she felt it would be legal to change with the needs and priorities of the city Mr Young pointed out the City has not been doing a 1 % to 1 % split for many years STUDY SESSION MINUTES January 20, 2004 Page 4 Mr Gokey stated the need for economic development interests for the city, and investment in the infrastructure rather than just maintenance Mrs Adams asked whether the City attorney has been consulted on the legality of this budget distribution Mr Goff assented Mr Goff gave a PowerPoint presentation on the adopted 2004 budget and illustrated what the future budget implications would be He described the breakdown of the Total Budget and then described the breakdown of the General Fund, in particular Mr Goff described 2004 revenue sources, sales tax accounts for nearly 50% of all revenue sources He described the Capital Fund Budget. Mrs Sang asks for consensus to suspend the rules to allow Mr Goff and Mr Young to finish the presentation, Consensus was 6 to 2 with Mr DiTullio and Mr Gokey voting no Mr Goff described the personnel reductions and 2004 service impacts He showed a graph on general Fund budget projections and relevant budget implications He stated that with current revenue projections, and if assumptions remain true, the fund balance will dip below the Tabor-mandated 3% fund reserve to 2.9% by the year 2006 Mr Young emphasized the implications of the projections, and the need to eliminate $1 7 million from the 2005 Budget to balance He does not believe that the city will reach the revenue projections for at least the first quarter of 2004 There is a need to keep the budget in check, and he has asked the department heads to look at any discretionary spending and basically put a hold on them and push them back to 2005/2006 Mr Young pointed out that there is very little, if any, discretionary spending left in any of the budgets The only area where there is discretionary funding in large amounts is the CIP budget. Staff has identified four key areas where projects can be pushed back. (1 ~ The Neighborhood Traffic Management Program (2) Missing Links program (3) 381 Avenue Project from Kipling to Youngfield (4) 38th Avenue Business District. Mr Young feels that the city is at staffing levels where any more personnel reductions would severely impact services By pushing some of the capitol projects back a few years, and hopefully with an increased revenue stream, the projects can be funded again This will also send a message to citizens that we need help with some of this funding He said that we need to preserve maintenance, and there is a need for some direction from council in identifying priorities for the city over the next few years, and at what level they should be funded STUDY SESSION MINUTES January 20, 2004 Page 5 Mr DiTullio stated that these recommendations are 0 k., but that Council should approve them sometime at a regular meeting He said that Council should have final approval on rearranging priorities Mr Young stated that is at Council's discretion on how this would be brought forward. He said that he is putting these recommendations on the table now so as we move forward on the retreats and the budget that if council is not willing to trim in these areas that other areas need to be identified for the reductions Mr Stites asked staff whether the franchise monies from Public Service could be used for the design portion of the under grounding project. Mr Paranto replied that the franchise monies can only be used for the hard-wired goods in the ground It is a credit that is held by the utilities. Item 3 Discussion regarding the City Council Retreat. 9 00 Mrs Sang began the discussion for future retreats in the month of February and what topics should be addressed at those retreats Mr DiTullio feels that budget/finance/sales tax should be the first topic Mr Young feels that you should begin with general vision and goals and directions for the city Ms Berry feels that there is a need for a strategic planning session Mr DiTullio asked for Ms Berry to work with Mr Young and Mr Goff on facilitation There is a general preference for scheduling on the weekend and a full day session rather than an overnight session for this retreat. Mr DiTullio asked for a consensus that Council President Sang, Ms Berry, Mr Young and Mr Goff work together on plans for a full day retreat; Consensus was 8 to 0, Meeting adjourned at 9'09 p.m APPROVED BY CITY COUNCIL ON FEBRUARY 17, 2004 BY A VOTE OF to Wanda Sang, Council President SPECIAL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO 2nd Floor Conference Room 7500 W. 29th Avenue February 9, 2004 6:00 p.m. The City Council Study Session Meeting was called to order by Mayor Cerveny at 6 00 P m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens Item 1. Presentation of a conceptual Development Plan Mr Jim Sullivan, Chairman/CEO of SullivanHayes Companies, presented a proposed conceptual development plan. He gave a brief history of his involvement in development in Wheat Ridge He introduced Neil Jaquet, Director of Water Resources and Real Estate for the Coors Brewing Company The project will be an approximately 500,000 square feet retail development project. Mr Sullivan said he was taking this opportunity to introduce the project and to determine interest from City Council. The project would involve annexation of up to a 193 acre parcel currently located in the county (west of Interstate 70 and north of West 32nd Avenue) He detailed various benefits for the area including road and traffic improvements working with the Colorado Department of Transportation, sales ta~ revenue, job creation and other economic benefits for the area. The site will also include a Boy Scouts of America camp Mr Sullivan discussed general revenue sharing options, creation of a metro district, and issues such as traffic studies, quality of life, and property values He felt that the proposed project would address many of those concerns Mr Sullivan described some of the architectural details of the project. Mr Dahl spoke to the issue of the metro district service plan He briefly described the metro district as it relates to the annexation process Mr Sullivan stated that the it is a separate bonding authority, and that the city would not be responsible for the indebtedness of the project. He further discussed the responsibilities of the metro district. CITY COUNCIL AGENDA February 9, 2004 Page -2- Meeting adjourned at 8.38 p m. Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON FEBURARY 17, 2004 BY A VOTE OF _ to_ Wanda Sang, Council President City of Wheat Ridge Office of the City Council Memorandum (::-'iJiOCiiHE<;~~, \U _ 1;'1) , ' , .' ~~ TO. Councilor Gokey, Mayor Pro-Tern FROM Pam Anderson, City Clerk DATE Februaryl1,2004 SUBJECT: Board & Commission IntervIews As a gentle remmder It would be helpful to open the meeting wIth the followmg thoughts Call to Order Council Study SessIOn, while an open meeting, IS not a public heanng, and IS not open for public comment. It is an opportunity for City CouncIl to interact with staff and inVIted speakers on vanous topics for mformatlOnal purposes. Item 1 Board and CommIssion IntervIews: Applicants for the Board and CommIssion pOSItions have been inVIted tomght to come and gIve a brief statement introducmg themselves and theIr mterest III a particular pOSItion. Council members will not be asking questIOns of applicants. 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'N IN '0 0 :~iN[~ '0 !o' '-I>- "0 "tl"tl"tll> ^^^::o ! SlO !(oj!(o ~ ':;0 :;0,:;0 "" mm'm..... 000::0 m (') ^(J'):;O illC'< ~ Ul m ~ ~,:J G)(J')m ~CDCO CCDCO -0 Q. CD CDUl;=; o ~ 'N o o -I>- N 10 10 ..... 1f\.J! 0' :0 i~ IN 10 18 I I ~! <0, ~! 'I 10 I---+- 1-......1 '::::J; CD ' :E I ill !-o ' -0 I i ()' ill ;:!.' UlIUli 1 CD CD I CD ,CD CO! co' 00[ : l> }>i----+------- rum UiCii 00 ~ FREDERICKpolls POLL OF VOTERS IN CITY OF WHEAT RIDGE, CO Methodology . Sample Size: . Margin of Error: . ~ligi\)ilit)1: . Interview Dates: n=300 Plus or minus 5.6% Likely Voters January 27-29,2004 1000 Wilson Blvd., Suite 2525 Arlington, VA 22209 (703) 528-3031 (p) (703) 528-1204 (I) keith@frederickpolls.com 2 Poll Summary Strategic Analysis . Wheat Ridge voters express high levels of satisfaction with CIty government performance on specIfic service dimensions as well as on quality of lIfe measures, This includes only a modest negative rating of the city for providing service value in exchange for taxes paid. . Perhaps in part because of thIS positIve "things are working okay now" mood, initial voter reaction is a majority negative to the CONCEPT of high sales taxes "in order to provide a high level of quality services and to meet the increasing costs of running city government"; 35% FOR, 55% AGAINST. Important is the fact no speCIfic level of sales tax increase is mcluded in this question... it asks for an open end commitment to gain something most voters feel they already have - quality services. . Not surpnsingly, this exact same 55% level of opposition to a sales tax increase pops up when a simple anti-tax message is tested .., "taxes are high enough already; city government could do just fine by cutting wasteful spending and hving within Its means" (55% Agree, 38% Disagree). Clearly, if a compelling case is not made, a majority of voters will reject a sales tax increase. FrederickPolls January 2004 3 · Still, the positive performance of Wheat Ridge city government in dehvenng basic services creates credibility. The CIty is rated over 80% positive on recreation centers, parks, police, streets, and "good place to live". The only significant negatives come for economic development and planning/kind of development allowed (read: big box retail). · On specific sales tax "ballot questions," results are encouraging with majorities expressing support for... One-cent (52%); 3/4th cent (57%); and 1/2 cent (65%). . Highest support of all appears to come when the trade-off of property tax elimination is factored in. Support jumps to 73% FOR (which will never happen on election day) as Just over half of the 38% AGAINST a one-cent sales tax mitIally change theIr mind and Join the original 52% to support a one-cent sales tax combined with property tax elImination. . The ballot support numbers for a one-cent sales tax jump 5 points to 57% FOR once voters hear positive messages. . The strongest pro-sales tax message is the THREAT of what happens to servIces if taxes are not raIsed. Given their high level of satisfaction with today's city servIces, it makes sense that voters might be motIvated to protect what they value. FrederickPolls January 2004 4 · Close behind as positive motIvators are a series of messages that all score about the same (65% to 70% positive) and thus, are all important to communicate... City already made cutbacks of 15% (no more waste or easy service cutbacks); Still will have one of the lowest tax rates in the area; Renters will pay greater share (especially if the city's property tax IS elIminated); and Colorado law reqmres a reserve fund (which IS being depleted) therefore taxes must be raised. . Bottom Line: This sales tax referendum could easily go either way. The only certainty IS a 35% pro-tax base of support and a 25% anti- tax base of opposition. After that, chances of passage are enhanced by a "smaller" sales tax bIte (112 cent is better than 3/4 cent is better than one-cent) and the inclusIOn of city property tax eliminatIOn. Messages about threats of service cuts, previous cuts, reserve fund requirements, and burden shIft to renters all work to reinforce the positive feeling for a sales tax. Still, convmcing voters who are sensitive to the area's economy that a sales tax increase is in theIr best interest is gomg to be difficult. The campaign communication process WIll be one aimed more at preventing erosion (of voters initially inclined to vote YES) than conversion of undecided or NO voters. FrederickPolls January 2004 5 · DEMOGRAPHIC ALL Y, the base of a winning sales tax referendum coalition will be made up of... Women more than men; Working age women (18-64) more than retired women; Higher income (+$75K) voters more than middle or low- income voters; Democrats more than Independents and Republicans; Owners more than renters; and "Mid-term" residents (6-20 years) more than long-term or newest amving residents. . Still, paid message targeting should be broad. On the first sales tax vote (one-cent) while Democrats are 60% FOR, Republicans are a respectable 48% FOR and Independents 51 %. Even self-Identified conservatives are 46% FOR (vs. 42% AGAINST) while 65+ men are 45-36. This shows pockets of appeal in all categories and with a tight election outcome likely, no significant proportion of voters can be written off. FrederickPolls January 2004 6 Table Descriptions . Table 1. With "CIty direction" at 3: I positive and rating of CIty government on services vs. taxes paid at 4: I positive, the polItical mood is a supportive one. The voters are happy; the city should have good credibIlity when delivenng messages. A word of cautIon: the 78% positive rating on "services provided for taxes paid" contains only 10% "excellent" ratings; the bulk are soft positive and thus susceptible to erOSIOn. . Table 2. Ratings of city performance on specific dimensIons are over 80% positive on most. For recreatIOn center operation and parks, the level of "excellent" ratings is fairly hIgh. On "streets," the overall positives are high but extremely soft. On "senior programs," positive ratmgs among those 65+ approach 80%. Ratings are lowest on economIC development and quality planning. OPEN END responses to the question "what servIce or issue should Wheat RIdge Improve?" [See Appendix A] show strong concerns about the level of economIC development (more retail, more jobs) and a mild backlash against big box national chain retail. The open ends also show that while overall pOSItive ratings on city service might be high, many voters have specific concerns or preferences for .,. -- More police protection; FrederickPolls January 2004 7 Better street maintenance (pot holes, snow removal, resurfacing, sidewalks, lighting); Traffic problems (speeding, unsafe intersections); KIds' sports or various recreation needs; or Code enforcement and tighter zonmg. . Table 3. This shows the anti-tax majority opinion among voters on the concept of sales taxes. Important is the absence of a specific level of taxation in the questioning. Republicans are consIstently more anti-tax than Democrats; Independents side more with the Republicans. Higher income voters are more pro sales tax than lower income voters; middle income side with lower income. The sales tax referendum will lose if It is debated just as a "tax vs. no tax" concept. To wm, voters have to be focused on consequences (of a NO vote), value (of a YES vote) and their faith m CIty government (to tell the truth). . Table 4. "Ballot vote" with speCIfic sales tax amounts shows a base 52% majority in favor of a full cent with gains in support to 57% for a 3/4th cent and 65% at a half cent. Rule of thumb from previous sales tax campaigns suggests a benchmark poll level of support over 60% IS needed to withstand historical slides m voter support for a sales tax increase when opposition IS aggressIve. PromIsing elImmation of the city's property tax boosts support for the one-cent sales tax to 73%. FrederickPolls January 2004 8 · Table 5. Of the eight pro-sales tax messages tested, seven score over 60% positive wIth several above 70%. The top four have over one- thIrd callIng them "very strong." As stated above, the "threats of cuts" is the strongest motivator of a FOR vote. · Table 6. After hearing the positive (as well as antI-tax negative) information, vote FOR a one-cent sales tax moves up to 57%. The one-cent scores better with women (61 %) than men (53%) and with Democrats (64%) more than Republicans (53%). With city property tax eliminatIon added m, support for a one-cent sales tax (post positIve information) jumps 18 points to 75% (just ahead of where It scores before mformation is given). · Table 7, A summary of seven times the sales tax issue is presented to poll respondents shows the potentIal range of support from 35% to 73%/75% depending upon the size and the "attachment" presented. FrederickPolls January 2004 9 Table 1 Positive and Supportive Political Mood City Direction Wrong (17%) MixlDK (23%) City Government Ratinq for Services Provided Given Taxes Paid Nega- tive (19%) DK (4%) Posi- tive (78%) FrederickPolls January 2004 Table 2 10 City Performance Ratings on Specific Dimensions - Very High Marks Except on Economic Development and Planning. NET . Excellent 0 Good Pos-Nea Operating the Wheat Ridge 41 84-4 Recreation Center Having a good park system 58 88-7 The level of police protection 61 88-9 provided Making Wheat Ridge a good 64 88-12 place to live Providing senior programs Maintaining streets Improving the appearance and function of city streets Providing programs and sports opportunities for the city's youth Promoting economic development Having quality planning and allowing the right kind of development o 42 60-6 69 82-17 61 73-25 51 62-11 46 51-33 43 20 40 60 80 100 % FrederickPolls January 2004 11 Table 3 Support For An "Unspecific" Sales Tax Concept is Just One- Third - About the Same Who Disagree to Opponents' Anti-Tax Argument. If the City of Wheat Ridge decided that in order to provide a high level of quality services to citizens and to meet the increasing costs of running city government, an increase in revenues is needed would you vote FOR or vote AGAINST an increase in the CITY'S SALES TAX? -Party- -Income- Dem Ind GOP <$35K $35-75K $75K+ % % % % % % For 42 37 31 29 33 52 Against 55 48 52 61 60 57 43 OK 10 11 8 11 11 5 0 20 40 60 80 % On the other side of this issue, opponents to the sales tax increase say that taxes are high enough already and that city government could do just fine by cutting wasteful spending and living within its means. Do you agree or disagree with this tax opponent statement? -Party- -Income- Dem Ind GOP <$35K $35-75K $75K+ % % % % % % Disagree 47 38 31 31 38 62 (1// Agree 55 49 57 56 61 56 34 DK 5 5 13 8 6 8 0 20 40 60 80 % FrederickPolls January 2004 12 Table 4 Sales Tax Ballot Votes - One-Cent Gains Narrow Majority with Significant Gains at Each Quarter Cent Drop In Tax. Property Tax Elimination Appears To Be a Clear Boost. Would you be FOR or AGAINST a increase in the city's sales tax to help meets its budget needs? . For r2J Against ~ \" ,\.. ''1 ~ One-Cent .I ~\o \J ~ X 3/4th Cent 'ry..D~~ .--r r ~. I (LI~c:L-~\d) ~ !+ 1/; Cent -,~ \ '7/ I-- /'.~ 1: '\ I' '-t. \ :I /0 0 .\'1 "- 11 /. ,,-. 'l ).., n \, One-Cent with Elimination of Property Tax - - l\O II:, C--J 73 o 20 40 60 80 % FrederickPolls January 2004 13 Table 5 Pro Sales Tax Message Test - None are "Very Strong" With a Majority or Even 40%, But All Are Generally Popular. TARGETS: . Very Strong 0 S'what Strong % Total % "Very Strong" Among StronQ-Weak Those for 3/4 Cent Sales Tax If new taxes aren't raised, it will mean a cut in vital services like public safety, pothole repair, and park 31 69-30 55 maintenance, The city has already cut its staff by 15% and reduced operating programs including street sweeping, cops 35 70-26 49 in schools, economic development, forestry programs, planning and building services, New revenue is now the onlv option left Wheat Ridge has one of the lowest sales tax rates in the area; even with this increase Wheat Ridge will 33 67-27 47 still be below the sales tax charged in neighboring cities, The plan to cut the property tax but increase the 65-31 sales tax means Wheat Ridge's tax burden will shift 33 40 more to renters who will pay a fairer share of taxes, By state law, the city must maintain a reserve fund equal to three percent of its budget. New revenues 44 71-23 40 are needed to keep Wheat Ridge in compliance with Colorado law The city is currently drawing down its reserves to pay its bills, A tax increase is needed because the city 36 61-33 40 will run out of reserve money within a few years, Operating costs for Wheat Ridge are rising just as they do for any business, More revenue is needed to meet these rising costs, Visitors and non-residents who shop in Wheat Ridge would pay a significant portion of the tax, 48 71-27 35 50-46 22 o 20 40 80 60 % FrederickPolls January 2004 14 Table 6 Post Positive Information Revote on Sales Tax - Support For One-Cent Grows Slightly and Property Tax Elimination Adds Significantly. One-Cent - Post Positive Information -Party- -Gender- Oem Ind GOP Male Female % % % % % For 57 (+5) 64 57 53 53 61 Against (--) 33 32 44 40 35 0 20 40 60 80 100 % One-Cent w/Property Tax Elimination -Party- -Gender- Oem Ind GOP Male Female % % % % % For 75 82 72 71 74 77 Against 13 23 22 21 17 0 20 40 60 80 100 % FrederickPolls January 2004 15 Table 7 Summary of Sales Tax "Votes" - Ascending Order 3/4 One-Cent One- Concepti Anti One- Cent Post 1/2 Centl No Limit ArQument Cent Vote Positive Cent Property Vote Tax Elim. % % % % % % % Pro 35 38 52 57 57 65 73 - Anti 55 55 38 36 38 28 16 FrederickPolls January 2004 THE INS AND OUTS OF PLANNED DEVELOPMENTS (ARTICLE III OF CHAPTER 26) 1. Definition: A Planned Development (PD) IS mtended to be a Vvell-deslgned. mnO\atl\ c development. the desIgn of whIch IS not permItted by a standard zone dlstnct. The approved development plan establishes control and specI fiClty of mtended development character. use. operatIOns, and mamtenance whIle allowmg flexibIlIty and dIversIty ReqUIrements for setbacks, lot coverage, height, densIty, area, buffenng, landscapll1g, slgnage and other development standards may be more or less restnctlve than such requirements in standard zone districts. A Planned Development IS "customIzed" zonmg for a partIcular property 2. Types: PRD - Planned Residential Development PCD - Planned Commercial Development PID - Planned Industrial Development PHD - Planned Hospital Development PMUD - Planned Mixed Use Development 3 When Required: All requests for rezonmg to accommodate commerCIal uses MUST apply for peD zonmg. Any requests for rezomng to reSIdential or mdustnal uses on property in excess of one acre MUST rezone to the applIcable PD 4. Development Standards: . Mimmum and maxImum reqUIrements are established m each PD for "development standards." Items such as lot sIze. parkmg, bUlldmg heIghts, landscapmg, buffenng, and slgnage . Do not have to conform to the reqUIrements of the standard zone dlstncts, but are used as a yardstIck or startmg pomt m assessmg the mnovatlon of the deSIgn. . Should not be used to cIrcumvent each and every code reqUIrement. A reductIon m landscapmg should be offset by Improved bUlldmg deSIgn or reduced slgnage. 5. Uses: · PermItted and specIal uses are establIshed for each PD Uses are modeled after nearby zone dlstncts, uses are added or deleted dependmg upon the project, locatIOn, surroundmg uses, parcel SIze, and other factors. . May be a customIzed lIst or refer to one or two standard zone dlstncts m the code, · SImIlar uses are covered by a separate process reqUIred m the PD regulatIOns. o. Process: . Approval consists of\\vo steps Outlme Development Plan (ODP) - Establishes the zomng uses, development standards, character, and design standards, Zonmg IS established by ordmance, so this step takes two readmgs at City CouncIl 2 Fmal Development Plan (FDP) - Applies the development standards to a final site plan. Shows the details ofho'.'. the site Will be laid out for the specific use(s) Shows Items such as parkmg, landscapmg, bUlldmg footpnnts, bmldmg elevatIOns, slgnage, and lightmg, . These two steps may be combmed, and often are Separate motIOns are needed to approve the separate plans. . The two PD steps may also be combmed With a subdiVISion plat. 7. Approval: . Public heanng IS reqUired. Rezonmg to a PD IS a quasi-judicial matter . Plannmg Commission may recommend approval, approval With conditIOns or modifications, or demal of the request. The heanng may also be contmued to request addltlOnalmformatlon of staff or the applicant. . Rezonmg review cntena apply (Section 26-112 D) DeSign reqUirements or performance standards may also apply (SectIOns 26-504 and 26-505 ) . Unlike other requests for rezonmg, approval of a PD may contam conditIons and recommendations for modifications. . "Yanances" do not need separate motions or notlcll1g to approve ANNEXATION IN COLORADO: BASIC PRINCIPLES Annexation Generallv . Annexation is the process by which municipalities incorporate new territory, either before or after development has taken place. Over 70% of the total population of Colorado lives within the boundaries of a city. . Annexation can take place in three ways: o Landowner petition (a contractual relationship which can be memorialized in an agreement separate from the petition) .0 Annexation election o Unilateral annexation of enclave or city-owned land Municipal Annexation Act of 1965 . Basic structure unchanged today one-sixth boundary contiguity must exist between the City and property to be annexed; . Petition or election process to initiate annexation; . Findings by the City Council required; Three Mile Plan Requirements . Section 31-12-105(1)(el, C.R.S., imposes two separate "three mile" limitations: o No annexation may have the effect of extending a municipal boundary more than three miles in anyone year, and o As a precondition to final adoption of an annexation ordinance within the three-mile area outside present City boundaries, the City has in place a plan for that area, in the nature of a comprehensive or master plan. landowner Consent or Voter Approval Required . With the limited exception of City-owned property and property which has been wholly surrounded by the City for three years, landowner consent is required for a valid annexation petition. This consen+ is GED\53027\465818.! obtained either by: (1) signature on an annexation petition (at least fifty percent of the landowners, owning at least fifty percent of the land), or (2) a successful election, in which only landowners may vote Sections 31-12-107,108, C.R.S . For the purposes of the statute, "landowner" means the owner In fee of the surface estate, not the owner of the mineral estate if severed. Section 31-12-103(6), C.R S. . Landowner consent on an annexation petition may be withdrawn prior to final action; such a withdrawal deprives the City of power to complete the annexation. Town of Superior v. Midcities Co., 933 P.2d 596 (Colo. 1997). AchievinQ Conti~itv: FlaQPoles and Other Configurations . The basic requirement that the property to be annexed must have at least a one-sixth boundary contiguity with existing municipal boundaries appears straightforward. "...not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing city. " Section 31-12-1 04( 1 )(a), C.R.S . In 1987, Section 31-12-1 04( 1 )(a), C.R.S , was amended to confirm as legitimate the longstanding practice of annexing one or more parcels in a series, considered simultaneously, in order to annex property which, taken as a whole, does not have the requisite one sixth contiguity . Also in 1987, the practice of annexing streets and water features as a means of establishing contiguity was legislatively approved' "Within said three mile area, the contiguity required by Section 31-12-1 04( 1 )(a) may be achieved by annexing a platted street or alley, a public or private right-oF-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway." Section 31-12-1 05( 1 )(e), C.R.S . In using a street to serve as the "pole" to reach, and thus annex, the desirable "flag" of property, it is required that the City also annex the "pole" Board of County Commissioners v. Citv and County of Denver, 543 P.2d 521 (Colo. 1975) Use of a street as the "pole" does not eliminate the application of the one-sixth contiguity requirement to the perimeter of the "pole." Board of County Commissioners v. City of Lakewood, 813 P 2d 793 (Colo App 1991). GED\53027\465818.1 . The shape and size of the parcel of property ultimately annexed, whether in a "flagpole" configuration or otherwise, is not relevant to Its eligibility for annexation. Board of County Commissioners v. City and County of Denver, 548 P.2d 922 (Colo. 1976); Board of County Commissioners of County of Arapahoe v. City of Greenwood Villaqe, 30 P.3d 846 (Colo. App. 2001), in which lot was divided into multiple one-foot strips to achieve contiguity. Annexation Agreements . Once the Council has determined that requirements of Sections 31-12-104 and 105, C.R.S., have been met and that an election is not required, it may proceed to annex the area by ordinance, unless it chooses to impose "additional terms and conditions" upon the annexation, in which case an election must be held. Section 31-12-101(1)(g), C.R.S. It is a common practice to negotiate the conditions of annexation and have them proposed by the petitioners of a 100 percent landowner petition in an annexation agreement or as part of the petition itself. This avoids the necessity of an election. Terms and conditions may be imposed by a memorandum of agreement. Section 31-12-112(2), C R.S Annexation agreements are not required by law and are a matter of negotiation. An annexation agreement is a contract in which the landowners promise to petition for annexation and the City promises to annex the property on certain mutually acceptable terms and conditions. . As an example, the annexor agrees to dedicate and improve roads, install water and sewer lines, pay fees for water transmission, make storm drainage improvements, participate in bridge costs, donate land to the City for public purposes, and construct necessary public improvements The City agrees to provide police protection and other services to the annexed lands and to consider initially zoning the property to the agreed-upon zone category. The annexation agreement should affirmatively reserve the right of the City to rezone the property in the future. The City cannot be contractually bound never to rezone property, although Colorado's vested property rights act may impose other constraints upon such rezoning. . Annexation agreements are based in statutory authority. Sections 31-12-112(2) and 121, C.R 5., specifically contemplate that annexation agreements may be entered into and make such agreements judicially enforceable Colorado case law has upheld the imposition of conditions by annexation agreement. Citv of Aurora v. GED\53027\465818! Andrew Land Company, 490 P.2d 67 (Colo. 1971); Lone Pine Corp. v. City of Ft. Lupton, 653 P.2d 405 (Colo. App. 1982). Challenge and Enforcement . Section 31-12-116, C.R.S., provides the only means for challenging a municipal annexation. This opportunity is limited to a sixty day period following the effective date of the annexation ordinance The challenge right is strictly limited to. o Any landowner or qualified elector in the area annexed, o the board of county commissioners of any county governing the area annexed; or o any city within one mile of the area annexed. . In Colorado, annexation is a legislative act; rezoning is quasi-judicial. This difference leads to interesting problems when (as is commonly the case) an annexation petition is accompanied by a request for zOning: o The annexation agreement, being concerned with a legislative matter, is permissible and can be negotiated through the use of ex-parte contacts. The agreement can be challenged at any time by declaratory judgment; challenge to the annexation ordinance itself is time limited (sixty days) and plaintiff-limited (landowner; county; other city within one mile). Section 31-12-116, C.R.S o The rezoning request is quasi-judicial; ex-parte contacts are prohibited; challenge (in Colorado by certiorari review) is strictly limited to within thirty days of final action o Because the two are combined, I conclude no ex-parte contacts are allowed. GED\53027\465818.1 TO: . Randy Young, CIty Manager ~ ~ CIty CouncIl City of Wheat RIdge Community Development Department Memorandum FROM: Alan WhIte, Commumty Development DIrector ~ SUBJECT: VehIcles Used for Home OccupatIOns DATE: February 6, 2004 At the November 7, 2003 study seSSIOn, CouncIl dIrected staff to InvestIgate hoVv other junSdlctlons regulate the number of vehIcles that may be used In conjunctIOn WIth a home occupatIOn. Currently only one vehIcle may be used for a home occupatIOn In Wheat RIdge The home occupatIOn regulatIOns are found In SectIon 26-613 A related sectIOn, SectIon 26-621 (ResIdential ParkIng), allows no more than one truck or van used for commerCIal purposes to be parked on a reSIdential lot, proVIded the vehIcle does not exceed a one ton chaSSIS. The commerCIal purpose can be located off-premIses or on-premIses. ThIS means that the one home occupatIOn vehIcle allowed under SectIOn 26-613 could be a commerCial vehIcle subject to the one ton chaSSIS hmltatIon, We also looked at the uses allowed as home occupatIOns, restnctlOns on the number of employees, and home occupation parkIng restnctlOns. The results are summanzed In the attached table Findings EIghteen metro areajunsdlctlOns other than Wheat RIdge were surveyed. The folloWIng findIngs exclude Wheat RIdge A bold (Wheat Ridge) next to the hmltatlOn IndIcates our regulatIOn Number ofYehlcles . No hmltatlOn u 12 JunsdlctlOns . Four vehIcles - I junsdlctlOn . 2 vehIcles - 2 junsdlctlOns . 1 vehIcle - 1 junsdlctlOn (Wheat Ridge) . Number subject to reVlev. - 2 junsdlctlOns Number of Employees . No hmltatlon - 2 junsdlctlOns . InhabItants plus one - 2 junsdlctlOns (Wheat Ridge) . InhabItants only - 13 . Number subject to revIew - I Junsdlctlon ParkIng: . No lImItatIOns - 6 junsdlctlOns . Garage, dnveway, or street frontage only - 5 junsdlctlons . On site only - 5 junsdlctlOns . Subject to review - 2 junsdlctlOns Uses . No lImItatIOns - 10 junsdlctlOns (2 reqUire permits) . List of prohibited uses - 7 junsdlctlOns (Wheat Ridge) . Subject to revIew - 1 junSdlctlOn (Wheat Ridge) SUMMARY OF HOME OCCUPATION REGULATIONS OF OTHER JURISDICTIONS Jurisdiction Uses' Employees Vehicles Arvada No specific limitations Inhabitants , No more than 2 parked on site at only I any time i Aurora No specific limitations No limitations ! No limitations I Boulder No specific limitations Inhabitants I No limitations, cannot create only : need for parking greater than that , which can be accommodated on ! site , I Brighton No specific limitations, permit required Inhabitants No limitations ! onlv Broomfield No specific limitations I Inhabitants No more than 2 vehicles or ! I only vehicle and trailer parked on lot or on street frontage Centennial No specific limitations Inhabitants No limitations onlv Commerce Allowed by SUP only SUP review SUP review City Denver No specific limitations, requires permit Inhabitants May be restricted by zoning I only administrator ! Englewood Excludes kennel, motor vehicle repair, Inhabitants No limitations I barber or beautician, asphalt paving, only ! I sale or storage of weapons, health ! care, dump trucks, restaurants, towina Golden Excludes motor vehicle repair, kennel, No limitations No limitation on number; parking I restaurant, anything requiring an SUP confined to garage, driveway or I street frontaqe Greenwood No specific limitations Inhabitants No limitation on number; parking I , Villaqe only confined to lot Lafayette Excludes auto repair, construction Inhabitants No limitation, additional parking eauioment storage, welding shoos onlv may be reauired Lakewood Excludes uses similar to Wheat Ridge Inhabitants No limitation except on total I plus 1 number of vehicles (10); parking employee confined to garage, driveway, or street frontaqe, no variance Littleton Excludes uses similar to Wheat Ridge Inhabitants No more than 4, parking confined onlv to lot and street frontage I Lone Tree Excludes uses similar to Wheat Ridge Inhabitants No limitation I plus 1 i employee I Longmont No specific limitations Inhabitants No limitation, cannot render , onlv required oarkina unusable Thornton No specific limitations I Inhabitants Only 1 vehicle, parking confined , i only to lot or street frontaqe Westminster I No specific limitations except excludes I Inhabitants No limitation ! _...'..1-.. . 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U \', ~ i ..., 411 !.{ ,'1 .\_ \ \ C-v, ,---; Pc DATE: February 17, 2004 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING It EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. . p" ~'~~~1 {, -:: , ;:"1 r,="~f-, S>-';;!.~ If .. .!'~ THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. ~r~ ..,,:~-. :':~...r \}': ,,-,""~t ~')\ t{'~.l 1. ..,. -!;; "",..''''- .,.., l.;; _\ 't ~ )'i; l-~ NAME ADDRESS AGENDA ITEM NO. , '-- SPECIAL STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING FEBRUARY 9, 2004 6:00 P.M. Item 1 Presentation of a conceptual development plan - ',-- \ City of Wheat Ridge, Colorado NOTICE OF SPECIAL STUDY SESSION PUBLIC NOTICE IS HEREBY GIVEN of a SPECIAL STUDY SESSION of the Wheat Ridge City Council at the following date, time and place MONDAY, FEBRUARY 9, 2004 6:00 P.M. MUNICIPAL BUILDING 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORDO The purpose of the meeting is for presentation of a conceptual development plan This meeting is called pursuant to the written request of the Mayor pursuant to Wheat Ridge Charter Section 5.2(a). GIVEN AND POSTED THIS 27th day of January 27, 2004 Published February 5, 2004 Wheat Ridge Transcript Delivered to City Council on February 5, 2004 January 27, 2004 Pam Anderson City Clerk City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge CO 80033 According to Wheat Ridge City Charter Section 5.2 (a), please call a Special Study Session of City Council for Monday, February 9,2004 at 6 00 p m The purpose of the meeting is for presentation of a conceptual development plan Thank you, i "'- (/ e,l r-.. ./ i...- -c J j 1.. <._.( \ .J'!.. '-l. , .......~\..',L Gretchen Cerveny Mayor of Wheat Ridge ..J SPECIAL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO 2nd Floor Conference Room 7500 W. 29th Avenue Februarv 9, 2004 6:00 p.m. The City Council Study Session Meeting was called to order by Mayor Cerveny at 6'00 p m. Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens Item 1, Presentation of a conceptual Development Plan Mr Jim Sullivan, Chairman/CEO of SullivanHayes Companies, presented a proposed conceptual development plan He gave a brief history of his involvement in development in Wheat Ridge He introduced Neil Jaquet, Director of Water Resources and Real Estate for the Coors Brewing Company The project will be an approximately 500,000 square feet retail development project. Mr Sullivan said he was taking this opportunity to introduce the project and to determine interest. The project would require annexation of a 193 acre parcel of county land west of Interstate 70 and north of West 32nd Avenue Mr Sullivan said they would like to introduce the Boy Scouts into the project. He detailed various benefits for the area including, road and traffic improvements working with the Colorado Department of Transportation, sales tax revenue, and job creation and other economic benefits for the area Mr Sullivan discussed general revenue sharing options, creation of a metro district, and issues such as traffic studies, quality of life, and property values He felt that the proposed project would address many of those concerns Mr Sullivan described some of the architectural details of the project. Mr Dahl spoke to the issue of the metro district service plan He briefly described that process as it relates to the annexation process Mr Sullivan stated that the metro district is a separate bonding authority, and that the city would not be responsible for the indebtedness of the project. He further discussed the responsibilities of the metro district, CITY COUNCIL AGENDA. February 9, 2004 Page -2- Meeting adjourned at 8 38 P m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON FEBURARY 17, 2004 BY A VOTE OF to Wanda Sang, Council President 6:45 p.m. Pre-Meeting ~~~~l~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 9, 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF January 26, 2004 PROCLAMATIONS AND CEREMONIES Crisis Intervention Team Program Honoring: Chief Jack Hurst; Deputy Chief Joseph Cassa, Sergeant Kevin Armstrong, Raymond Slaughter, Colorado Division of Criminal Justice, and Heather Cameron, Colorado Division of Criminal Justice CITIZENS' RIGHT TO SPEAK 1. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 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 Item 1. Consent Agenda: A. Approval of Purchase of Pool Chemicals from C.E.M Sales and Service B Award City Hall HVAC Control Modifications Project. C Reschedule Council Study Session from February 16 to February 17, 2004. CITY COUNCIL AGENDA. February 9, 2004 Page -2- DECISIONS, RESOLUTIONS, AND MOTIONS Item 2. Appointment to Wheat Ridge Housing Authority. Item 3. Revision to the Council Rules of Order and Procedures regarding elimination of term limits for Council President and Mayor pro tem. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT @mITI @U@llO_~ CITY OF WHEAT RIDGE, COLORADO Februarv 9, 2004 The Regular City Council Meeting was called to order by Mayor Cerveny at 7'00 p.m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Dircctol of COI,II IIuflity Dcvclopn ,el,t, Alelll WITHe, Director of Public Works, Tim Paranto, staff; and interested citizens. ~ ~ S,'/~ VVJ' ~ '7; ~u {/htCj 0J fJ,n,flM, (30) APPROVAL OF MINUTES OF January 26,2004 Motion by 1/(1'", \ II 0 to approve the Minutes of January 26, 2004, seconded by ~/ carried ~ /0, -. c:J PROCLAMATIONS AND CEREMONIES Crisis Intervention Team Program Honoring Chief Jack Hurst; Deputy Chief Joseph Cassa, Sergeant Kevin Armstrong, Raymond Slaughter, Colorado Division of Criminal Justice, and Heather Cameron, Colorado Division of Criminal Justice CITIZENS' RIGHT TO SPEAK CITY COUNCIL AGENDA. February 9, 2004 Page -2- APPROVAL OF AGENDA Item 1. Consent Agenda: A. Approval of Purchase of Pool Chemicals from C E M Sales and Service B Award City Hall HVAC Control Modifications Project. C Reschedule Council Study Session from February 16 to February 17, 2004 Consent Agenda was introduced and read by ./}1A;--w. ~ . . . ,.f..wv.> If-- oJ> c.. . ,/ Motion by -1V/IJ.o, ~ for approval of the Consent Agenda, seconded by J-1 f1rfA carried 0' - 0 WPf-1~ ~ f'W-r. ~ III~.... ~ & DECISIONS, RESOLUTIONS, AND MOTIONS MtJr6-rfU:Jr M-I.td~fwr. rJ~ Iv <1,~ ~ ~,~ h;'jh/l-vl t(I u~ JI -f1...v (If v/..fl-o \ Item 2. Appointment to Wheat Ridge !'lousing AutHority - J Motion by 'wtr - D1 ~ ( (I b To ratify the appointment of Katherine Nuanes, District 11/, to the)ll(heat Ridge Housing Authority; term to expire March 2, 2007, seconded by , J4~ carried r ./ D CITY COUNCIL AGENDA: February 9, 2004 Page -3- Item 3. Revision to the Council Rules of Order and Procedures regarding elimination of term limits for Council President and Mayor pro tem Motion by 1U<1 b +- To amend the Mayor pro tem section of the Council Rules of Order and Procedure The rule is stated thus' B Mayor pro tem 1 At the first or second business meeting in November of each year, the Council shall elect, by a majority vote, a Council President and a Mayor pro tem, who shall each serve until their successor is elected Council President and Mayor pro tem will be Qltiict€i'd by motion only ~ 8e-G ro-f' h,,- {{ () -r . Or' Motion by To deny amendment of the Council Rules of Order and Procedure for the following reasons seconded by; carried CITY MANAGER'S MATTERS ~f1/w~ ELECTED OFFICIALS' MATTERS ~: ~ 1k- Wtl ~^^- ~ '. ~ ~ /tv.n~~ ft> {t:J0lVId. 1- ~'n} Ur7 < fp ~ rub. (r'!. Su-n!ll..-^- ? /Y~e A lruCj ~w~nuuJ- Shf'CJ:(oS5) wt< ~~ (9Db) (JI~. ~ ~ ~tM<? U-- Meeting adjourned at O-"od\ p m ~ ~ ~ ~ ~. t1sf4J j ~ W ,<<) 11 tl>r< 'WtJd- uJ~ j1VCt 4:1 . ( q8 9) J~~'{ n1 Bs f-JE is~ ~ ~ {~f3. Pamela Y Anderson, City Clerk CITY ATTORNEY'S MATTERS CITY COUNCIL AGENDA. February 9, 2004 Page -4- APPROVED BY CITY COUNCIL ON FEBURARY 23, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to '47 of Robert=s Rules of Order, Le, they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk=s Office, as well as copies of Ordinances and Resolutions SPECIAL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO February 9, 2004 The City Council Study Session Meeting was called to order by Mayor Cerveny at 6 00 P m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens. Item 1. Presentation of a conceptual Development Plan Meeting adjourned at p m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON FEBURARY 17, 2004 BY A VOTE OF _ to_ Wanda Sang, Council President CITY OF WHEAT RIDGE, COLORADO January 26, 2004 The Regular City Council Meeting was called to order by Mayor Cerveny at 7:00 p.m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson; City Manager, Randy Young, City Attorney, Gerald Dahl; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF January 12, 2004 Motion by Mr. DiTullio for the approval of the Minutes of January 12, 2004; seconded by Mrs. Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Proclamation: Metro Mayors and Commissioners Youth Awards in Honor of' Gabe Baca, Jon Bertheaud, Juana Palomares, and Savanna Salmen Proclamation Girl Scout Troop 1005 Community Service Project in recognition of Tristina DeWitt, Nicole Eulberg, Justine Knight, Kateline Schartz, Christine Watson, and Erin Webb CITIZENS' RIGHT TO SPEAK Charles Durbin, stated that on October 28th, 2003, the Wheat Ridge City Council passed a motion for the approval of a Special Use Permit to allow a drive through for the proposed Walgreens at 38th Avenue and Sheridan Blvd. by a vote of 5 to 3 However, in doing so, they violated the Wheat Ridge Municipal Code Sec 26-114 c (1) and (2) Under Section C , entitled "Application and review procedures", Item (1) states "Special Use Applications shall be originated only by the prospective owner of the proposed Special Use, with written approval of the fee owner of the property in cases where the owner of the property is different than the owner of the proposed Special Use" The owners of the property did not give their written approval. Item 2 states "Application shall be submitted on forms provided by the Community Development Department and shall be accompanied by a copy of the property deed, a certified survey and the appropriate fee" Again, there is no property deed since it does not exist yet. A Special Use cannot be approved before the legal requirements for the application exist. The motion for this Special Use Permit needs to be rescinded so that you are not in violation of the Wheat Ridge Municipal Code If this matter is not resolved here, it will be settled in court. The motion approving the consolidation plat for the same properties has the same problem and should also be revoked. CITY COUNCIL MINUTES January 26,2004 Page -2- APPROVAL OF AGENDA Motion by Mr DiTullio to amend the Agenda to continue Item 2 PUBLIC HEARING ON RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN until such time a recommendation comes forth from the Wheat Ride Planning Commission to Wheat Ridge City Council; seconded by Mrs. Rotola; carried 8 to 0 Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mrs. Sang, carried 8 to O. Item 1 Consent Agenda: A. Award RFB-04-002 Paramount Fitness Equipment in the amount of $44,344 to be charged to Acct. No. 64-605-800-809 B. Award RFB-03-049 Creekside Park Ball field Lights to C & R Electric in the amount of $184,233 Funds to be encumbered and charged to Acct. No 54-601-800-862 Also approve auxiliary amount of $18,400 for project. Consent Agenda was introduced and read by Mr Schulz. Motion by Mr Schulz to approve the Consent Agenda, seconded by Mr. DiTullio; carried 8 to 0 Mr. Gokey stated that it is imperative that the parking lot be lit just due to the nuisance factor that takes place down there because it's so dark. Things happen down there that shouldn't be happening and if you have lights, it is one of the biggest deterrents to crime that you can have DECISIONS, RESOLUTIONS, AND MOTIONS Item 3 RESOLUTION 03-2004 - AMENDING THE FISCAL YEAR 2004 BUDGET TO REFLECT ACCEPTANCE OF THE SCIENTIFIC AND CULTURAL FACILITIES DISTRICT GRANT FOR A PUBLIC ART PROJECT. Resolution 03-2004 was introduced by Mr. Gokey Pamela Anderson read the executive summary. Motion by Mr Gokey to adopt Resolution 03-2004, amending the fiscal year 2004 Budget to reflect acceptance of the Scientific and Cultural Facilities District grant for a public art project in the amount of $7,800 to Acct. No. 01-601-700-750; seconded by Mr DiTullio; carried 8 to O. CITY COUNCIL MINUTES January 26, 2004 Page -3- Item 4. RESOLUTION 02-2004 - RENEWAL OF SCIENTIFIC AND CULTURAL FACILITIES DISTRICT RESOLUTION OF SUPPORT. Resolution 02-2004 was introduced by Mrs Adams. Pamela Anderson read the executive summary. Motion by Mrs. Adams to adopt Resolution 02-2004 to support the reauthorization of the Scientific and Cultural Facilities District and to urge legislative and voter support for renewal of the District and the continued benefits the SCFD provides; seconded by Mr. DiTullio; carried 8 to 0 Geoff Wodel/, Chairman of the Wheat Ridge Cultural Commission, wished to thank City Manager, Randy Young, and Parks Director, Joyce Manwaring, and all of her staff, for all their help It is nice to have a quick success The easiest way to raise quality of life, is to raise the cultural community's existence. Item 5. Award RFQ-03-043 46th Avenue-I-70, Estes-Carr Major Street Improvement Project. Motion by Mrs. Rotola to award RFB-03-043, the design portion 46th Avenue-I-70, Estes-Carr Major Street Improvement Project, #S-02-04, to Sears Brown in the amount of $218,243.00 I further move that an auxiliary amount of $20,000 be established to accommodate any additional design service beyond the specified portion I further move that all costs associated with this contract be paid from Acct. No. 30-303-800-846, and that these funds be encumbered for the length of the project in accordance with Ordinance #787,1989 Series, seconded by Mr. DiTullio, carried 8 to O. Mr Gokey thanked Mrs. Rotola for her hard work to promote this project in her district. This has been sorely needed for 10 years. Item 6. Appointments to 38th Avenue Business District Board of Directors. Motion by Mrs Sang to appoint the following persons as City Director members of the 38th Avenue Business District Board of Directors, with terms to expire on February 1, 2005 Lena Rotola Jerry DiTullio Vance Edwards seconded by Mrs Rotola; carried 8 to O. Mr. DiTullio pointed out that these will be 1-year terms CITY COUNCIL MINUTES. January 26, 2004 Page -4- ELECTED OFFICIALS' MATTERS Mrs. Rotola thanked staff for preparing the proclamations Mr. DiTullio updated Council that $75,000 was awarded to the Wheat Ridge Housing Authority and the only caveat is that we have to use it on our third project. The money will not actually be put in our budget until we buy the third project. Mr. Gokey asked Mr. Dahl to respond to the public comment by Mr Charles Durbin regarding the legality of the Special Use Process. Mr Dahl responded that Council passed an Ordinance last Fall amendil1!) Chapter 26, the Land Use Code, to specifically permit governmental or quasi-governmental applicants for any land use review, to make application even though they did not own the property and the application was made to the City by the Urban Renewal Authority for that permit and it qualified as a quasi- governmental organization, which had the ability to make that application under Chapter 26 as amended It was proper for them to make that application and proper for Planning Commission and Council to consider. Mr DiTullio and Ms. Berry stated that it was Ordinance No. 1299 that Mr. Dahl was referring to, and that Mr Durbin might be able to find that information on the web-site. Mrs. Sang would like to bring forth a motion at the next regular meeting to change the council rules and eliminate the one year term limit for council president and mayor pro tem Meeting adjourned at 8:00 p.m APPROVED BY CITY COUNCIL ON FEBRUARY 9, 2004 BY A VOTE OF _ to _ Wanda Sang, Council President The preceding Minutes were prepared according to S47 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. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions lTEMNO: J, f\ \ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 9, 2004 TITLE: APPROVAL OF PURCHASE OF POOL CHEMICALS FROM C.E.M. SALES AND SERVICE o PUBLIC HEARING lZl BIDSfMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes lZl No -, f 1 .r, ''-''( iC -I r J L-L -' , Parks and Recreation Director , , ; 1 City~~ I EXECUTIVE SUMMARY: The following expenditure to C.E.M. Sales and Service, which is over $25,000, requires City Council approval prior to further processing. Items were competed by MAPO (Multiple Assembly of Purchasing Officials) as a cooperative bid and are available for purchase by government agencies. The expenditure will be made to C.E.M. Sales and Service for the purchase of various pool chemicals. The stated amount of$32,840.00 is a not to exceed amount. Orders will be placed on an as-needed basis for use at the Wheat Ridge Recreation Center. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Purchase ofthese chemicals will ensure compliance with pool maintenance. Staffis currently making the same expenditure through purchasing cards or individual purchase orders. The open purchase order will be a more efficient way to purchase the chemicals. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMP ACT: The purchase of pool chemicals is a budgeted item in account 64-604-650-660. RECOMMENDED MOTION: "I move to approve expenditures in the not to exceed amount of $32,840.00 to C.E.M. Sales and Service for the purchase of various pool chemicals and that all costs be encumbered to account 64- 604-650-660." or, "I move to deny approval of expenditures to C.E.M. Sales and Service for the following reason(s) " Initiated by: Julie Brisson, Recreation Manager Report Prepared by: Linda Trimble, Purchasing Agent Attachments: 1. None 040209 caf city expenditures ITEM NO: 1.13. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 9,2004 TITLE: AWARD CITY HALL HV AC CONTROL MODIFICATIONS PROJECT o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: _) o ORDINANCES FOR 2ND READING .-/ ,lL~';- Duector ofPubhc Works Quasi-JudiCial. 0 ~ ~ No 8~~~ City Mana EXECUTIVE SUMMARY: Complete replacement of the City Hall BV AC system was mcluded as a line item in the 2003 Proposed Budget. After reV1ew ofthe 2003 budget, staff removed the HV AC replacement from the final budget. Prior to removal of HV AC from the 2003 budget, bid documents and project design documents were produced for this project and a Request for Information (RFI) meetmg was held With interested vendors. Approximately 15 vendors were m attendance at the RFI meetmg. Once the hne Item was removed from the budget, the biddmg process did not continue. In September of2003, staff determined due to ongomg problems with the BV AC system, mcreasing mamtenance costs and staff tIme expended to keep the HV AC system operable, staff developed and mtroduced a phasmg plan for the replacement of the BV AC system. On October 27, 2003, City CounCil approved fundmg for the first phase ofthe HV AC m the amount of$300,000.00 The phase 1 1mprovements included design, replacmg the control system, making minor duct changes and cleaning the ducts. On January 22,2004, bids were received for the HV AC Control Modification Project (phase 1). The apparent low b1dder was Westland ConstructIOn, Littleton, CO m the total amount of $196, 168.00, Wh1Ch mcludes alternates. Westland met all of the mitIal bid reqUirements. The C1ty'S mechanical engmeer, C41 DeSign Group, has rev1ewed the proposals and recommends award based on references and expenence. Staff 1S recommending award ofthe contract to Westland Construction in the amount of$196,168 00. Staff requests that auxihary fundmg of$49,042.00, 25% ofthe total bid amount, be approved for changes and additions to the project that may be required to successfully complete the scope of work. COMMISSIONfBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The heatmg and air conditioning system at City Hall remams generally as it was constructed m 1977 (27 years ago) The pneumatic control system that operates the airflow valves throughout the buildmg IS totally moperable. Valves have been set manually, makmg all portions of the building either too warm or too cool at various times of the day. The air-cooling equipment IS now substantially undersized because ofthe change m technology in the last 30 years. The many computers throughout the building are sources of heat and have increased the amount of cooling that is needed. The boiler system, while old, remams functIOnal and of adequate size to serve the bUlldmg. With the mabllIty to route air where it is needed and the lack of cooling capacity, some rooms have routme daily temperature fluctuations of 40 degrees (54 in am, 94 m pm). AdditIOnally, changes in use of some areas and rooms m the building have been made over the years, requITIng different needs for airflow. The City employed a local mechanical engmeer (C4i Design Group) m 2002 to design the improvements that are needed to return the City Hall HV AC system to a serviceable conditIon. C41 confirmed that the control system was moperable and determmed that the coolIng system was underSized. C41 recommended that the controls, chillers and boilers be replaced. They also recommended some duct improvements in areas ofthe building that had undergone functIOnal changes and a thorough cleaning of the ducts. The total estimated costs were placed at $670,000. In lIght of the City's current financial positIOn, the HV AC improvements were not budgeted m 2003. Staff developed a phasmg plan for HV AC system improvements last September and the City Council approved fundmg the first phase m the amount of $300,000 at the October 27,2003 City Council Meetmg. Phase 1 Improvements include design, replacing the control system, makmg mmor duct changes and cleamng the ducts. With new controls, airflow will be restored to ongmal design and the bUlldmg should be reasonably comfortable 75-80% ofthe days ofthe year Summer afternoons would still be warmer than normal in the building. AL TERNA TIVES CONSIDERED: No award and the City Hall HV AC system will continue to operate m its current conditIon. Temporary maintenance and staff time will contmue to be expended to keep the system operable. FINANCIAL IMPACT: Funding for this program has been approved as an amendment to the 2003 Capital Improvement Program budget in the amount of $300,000.00. $24,168 00 has already been expended for design. RECOMMENDED MOTION: "I move to award ITB-04-005, CIty Hall HV AC Control ModIficatIOns to Westland ConstructIOn, LIttleton, CO m the amount of $196, 168 00 I further movc that an auxIliary amount of $49,04200 be establIshed to accomodate any addItIOnal work servIce beyond the specI fied portIOn. I further move that all costs aSSOCIated wIth thIs contract be paId from account number 30-610-800- 811, and that these funds be encumbered for the length of the project m accordance wIth Ordmance #787, 1989 Senes." or, "I move to deny award of ITB-04-005, CIty Hall HV AC Control ModIficatIOns for the followmg reason(sl Report Prepared by' Reviewed bY' TIm Paranto, DIrector of PublIc Works Lmda Trimble, Purchasmg Agent Attachments: I BId Tabulation Sheet N -\ Q) ~ Ol C - 'w (\) r:. u 'S u. 0- ~ 0 Q) \ :0 >- 1 >- .E co ..- co ~ \il \ 01- <fl w (\) lli z-o Z w w co to ~ '" .- ~ 0..J '" <fl ::> E '" 0- a wo Q ci ~o ~ ZIO t: .. w ;to wN Q ':i . 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" -:~~ ~ ~ ~ -:2. ~ ~ :t+:I-~ ..,. ~ ~ VI ~~ ~ \J1l- \~ '3 -...- d 1:"" '^ oil '" ./'I ") ~ ~J~?!-:j.~ ~ Z <Il ~ t: 0 UJ ~ () ~ ~ 0 0 I- 0 u: UJ ~ u: <Il ~ - ~ <Il '<" 8 Ul ~ :::> '"' ., ~ z 0 ~ ! 0 0 0 t'l 0- 0 en a: :::> ('jc<)'<tU')<.o '" 0 0 ~ l- s:> \ Ul (0 :::> Ul UlUlUlUlUl uJ S z :::> I- z 0 a: ..J ~ Ul ~ ~~~~~ ~ '0 a: >-i=' :::> 0 Cf) ..J 0 0 'l) z ~ co u- 0 Z Z ~~~~~ ~ e;, 0 0 a:: '" 0 0 0 st a: c 0 ~ <Il UJa:: Ul l- -;;; :z >0 z , (0 Ul UlUlUlUlUl Ul " Z 0 a:: :J<Il C) Cf) ti z z 0 ~ iJ iJiJiJiJiJ iJ ~ Ul '3 UJ UJUJ rJJ 4 ~ 0 0 co ~ > f- 00 (0' z 0 4 44444 4 1 ATTACHMENT 1 ITEM NO: _\. C, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 9, 2004 TITLE: RESCHEDULE CITY COUNCIL STUDY SESSION SCHEDULED FOR FEBRUARY 16,2004 o PUBLIC HEARING IS:J BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-JudiCIal o Yes IS:J No ~~~ City Man r 6' EXECUTIVE SUMMARY: The CIty Council Study SessIOn of Monday, February 16,2004, falls on PreSIdents' Day In the past, Study SessIOns scheduled on the same day as a holiday have eIther been canceled or rescheduled to another date It is recommended that the Study Session scheduled for Monday, February 16, 2004 be rescheduled for Tuesday, February 17, 2004 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: An alternative to be conSIdered for the February 16, 2004 Study Session would be to cancel rather than reschedule the Study Session. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move that the Monday, February 16, 2004 Study Session whIch falls on Presidents' Day be rescheduled for Tuesday, February 17, 2004." or, "1 move to cancel the February 16, 2004 City Council Study Session for the followmg reason(s) " Report Prepared by' Debbie Meixner, (303) 235-2819 ITEM NO: :2" REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 9, 2004 TITLE: APPOINTMENT TO WHEAT RIDGE HOUSING AUTHORITY o PUBLIC HEARING [g] BIDS/MOTIONS D RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:_) D ORDINANCES FOR 2ND READING Quasi-Judicial: D [g] Yes /:fo ~ Ciry~rc> ''4 EXECUTIVE SUMMARY: When Mary Cavarra became the City of Wheat Ridge Treasurer, a District III vacancy was created on the Wheat Ridge Housing Authority. Mayor Gretchen Cerveny appointed Katherine Nuanes, District III, to fill the vacancy. City Council needs to ratifY the appointment of Katherine Nuanes. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: To not ratifY applicant to fill vacant Housing Authority position. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to ratifY the appointment of Katherine Nuanes, District III, to the Wheat Ridge Housing Authority, term to expire March 2, 2007." Or, "I move to not ratifY the appointment of Katherine Nuanes, District III, to the Wheat Ridge Housing Authority for the following reason(s) " Report Prepared by Gretchen Cerveny, Mayor (303-235-2800) Attachments: 1. Board and Commission Application for Katherine Nuanes 2. Resume for Katherine Nuanes PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION '- CITY OF WHEAT RIDGE APPLICATION FOR APPOINTMENT TO THE: H 0 lA..~ ~~ A u-+h on t-y (BOARD/COMMISSI6N/COMMITTEE) DATE. d. - d- - oy DISTRICT. I II HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? I~~ ARE YOU A REGISTERED VOTER? ~ WHY ARE YOU SEEKING THIS APPOINTMENT? --r;- b-e.-~ vv\'U^-Q.. ~\JO \.llQJ:S) wd-h ~ ('-OrY\('(\ux\J:-~ . -- DO YOU HAVE EXPERIENCE IN THIS AREA? r.Jo HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? rJn ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? IJ.Jou<... .,[JsJA.. ~ Wy en A~ W~& - Sed O-uro - llCO . I) Signaturp~g? . -- ~ PLEASE PRINT OR TYPE NAME. ~J-h'1 (+00-5) nll.O--A.VS ADDRESS. 38d.5 lLt-~ S+. LJ~ r2i%J2 ZIP' %"cJO 33 \l HOME PHONE. 30-;) - LlSto ~ L/o50 BUSINESS PHONE: '72-0 - 8q8 - (Q~i)Lf APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR - ATTACHMENT 1 CJT.( OF WW ^ TRiO"':" RESUME LilY ClER)\'-;S OF'FlcVt Katherine Foos Nuan~~JAN -8 PH J: 31 3825 Urban Street (303) 456-4050 AngelsU naware@att.net OBJECTIVE: To make a difference in my community by becoming an involved citizen. QUALIFICATIONS & SKIllS: I am an innovative leader with vision and flexibilty. What I lack in business experience is mastered by creativity, collaborative skills, and motivation to learn and be informed. EXPERIENCE: 1983-to present Police Officer with the City of Arvada. Currently Commander overseeing the patrol bureau, animal management and traffic enforcement. 1993- to present Founder and President of Angels Unaware Angels Unaware is a non profit whose mission is to provide support and encouragement for children living with or affected by HIV/AIDS through connecting families with each other. This is accomplished through monthly support groups, monthly newsletters, and an annual free family camp. Manage spouse's finadal matters relating to his property investments. 2003-to present Executive Board Member on Table Mountain Animal Center Currently hold the Secretary position. EDUCATION: Bachlors of Arts from Chadron State College, Nebraska double majors in PoIicitcal Sdence and Criminal Justice Masters of Criminal Justice from University of Colorado Denver Graduate of Northwestern University School of Police Staff and Command 2003 Graduate of Jefferson County leadership ATTACHMENT 2 ITEM NO: g I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 9, 2004 TITLE: REVISION TO THE COUNCIL RULES OF ORDER AND PROCEDURES REGARDING ELIMINATION OF TERM LIMITS FOR COUNCIL PRESIDENT AND MAYOR PRO- TEM D PUBLIC HEARING k8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes ~ No City~~" EXECUTIVE SUMMARY: Under "Elected Officials' Matters" at the January 26, 2004City Council meeting, it was announced that a Council Rule Change for the terms of the Council President and the Mayor Pro-tem would be brought forward to Council. The Rule would eliminate the term limitations for the office of Council President and Mayor Pro- Tem. The current City Council Rules of Order and Procedure under CHAIRMAN. MAYOR PRO- TEM. COUNCIL PRESIDENT AND THEIR DUTIES states the following: B. MAYOR PRO-TEM 1. At the first or second business meeting in November of each year, the Council shall elect, by a majority vote, a Council President and a Mayor Pro- Tem, who shall each serve a one (1) year term of office until their successor is elected. No person may serve consecutive terms in the same office; provided, however, multiple terms are permitted if separated by at least one (1) year. Council President and Mayor Pro-Tem will be elected by motion only. C. COUNCIL PRESIDENT 1. The Council President shall be elected at the same meeting as the Mayor Pro- Tem and in the same manner as the Mayor Pro-Tem. The proposed Council Rule change would eliminate the term limits. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: To not approve the proposed amendment to the Council Rules and Procedures. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to amend the MAYOR PRO- TEM section of the Council Rules of Order and Procedure. The rule is stated thus: B. MAYOR PRO-TEM 1. At the first or second business meeting in November of each year, the Council shall elect, by a majority vote, a Council President and a Mayor Pro-Tem, who shall each serve until their successor is elected. Council President and Mayor Pro- Tem will be elected by motion only. or, "I move to deny amendment ofthe Council Rules of Order and Procedures for the following reason(s) " Report Prepared by Pam Anderson, City Clerk (303-235-2823) _ ~'-' ~-t\c" 9\0 04 _;)00~ 0, ~ " AOJ'C'-U- -=*' \ ~n Cb"i{'.~~ \ b: \\ ~ - 01- c)uC,Y- . ,,. Ai( P j}. /"'l r"_ (; __ ~ ~ #~ r ~ ,{J w L.Wc{ r:"^ fJ 01 s-vV1 ~~~~ ~\,/~ ~ :/f1D.1'( (jJQ,....<-<-r.k. ~ CA~ +1r .W~ ~~./> J~~~ ~ ~~ 0~'i~ r ~J,~' 'J-13' ~ Ol'~) J.fp~~' ~ .. ,-;,;..J "I ~f tz.~ if;. 5 ~s I "" ~ h fi~ ~ t.Ji '1 !f6 j:J.'6: ~ wU ~ ""ft ~ ...- J] yv~ p~ "".J. ~ .' (--Ie. P .~ ~ t=::;r~ p w-<>> ~ 0>>:1:- ~. 0n)' _~::'1J ~ " ~ ~ v- ~ ~ I,VVVV'" 'UnO; ~. . h fJJoffio. 'f~.:tJ4, IW a ~d# DO 14f~ (~___ . f~/~;V'- ~) .?r ~~!>~{)Jst- 1--( ~) 0 rv ~J ~~ I 3~i)/. ~. /fWt. G>W() 10>3 1Wl' ~ -{1..t.- /f>l'" h'wi-. -b c6 j '\ ~h"" fv ~ /81A ~ 10 r;f-e' )m- ) ~ · #V 4!>j fM U S~ . ~ ~/O " ~ 81'- 0 ()V1' I~ ~11M/\ · D T vt11(r/ . 'Wf1'~~: ~~. . \ ~ s7'" /<L.. kh" A .J ~ ~ \> ) ]V.' ""I"11rJ' f-V. 61;1' "JJ ~/"1w 0J ~. D" /1" I ; ']2u tu& /"'-" PUBLIC COMMENT ROSTER DATE: February 9, 2004 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT11!1!!!1 /:J NAME ADDRESS TOPIC / } / LL })/ LG-Gf<- I c2 ~O HI+(zJ--A:J s ( V 5<2 i z...U~<= ?1P PI2 I V,+(tE pA..u PEfLT w/ti(; 14~ ~ ,6 ~ ;);;2SH' (VI,4 Ct A..)cJ ~. &f-426/ 'ON I y DATE: February 9, 2004 GENERAL AGENDA ITEM COMMENT ROSTER _ ~':lf!- ~. ~~-<~-ff- , "~--'!~flY'" ? ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. ::~~.~..,.,.; ~'"~~~:..~. ,,{~:c ' > ~, ! NAME , ADDRESS AGENDA ITEM NO. ,