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Home My WebLink About10/20/2008STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. October 20. 2008 6:30 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA Item 1. Staff Reports - a) Proposed Secondhand Dealer Ordinance b) Proposed Exotic Animal Ordinance c) Traffic Team Transition Item 2. Jefferson County Urban County for CDBG Item 3. Community Benefit Districts Item 4. 2009 Proposed Budget Discussion ITEM 1 . J{e c. 1A r! City of Wheat j),'*dge POLICE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio, and City Council THROUGH: Randy Young, City Manager Daniel G. Brennan, Chief of Police,o FROM: Jim Lorentz, Division Commander Support Services Division DATE: October 13, 2008 SUBJECT: Staff Report - Proposed Secondhand Dealer Ordinance EXECUTIVE SUMMARY: In 2006, the Colorado State legislature passed House Bill 06-1380 as a measure to reduce the theft of retail goods. Simply stated, this bill prohibits sellers of used property, also known as secondhand dealers, from selling certain property items without proof of ownership. It also requires sellers to make the proof of ownership available to any peace officer for inspection at any reasonable time. In addition, the municipality is allowed to collect a transaction fee. Failure to comply with these provisions is a class 3 misdemeanor. Attached is a draft ordinance developed by Carmen Beery of the City Attorney's office for secondhand dealers operating in the City of Wheat Ridge. The requirements for secondhand dealers, including the assessment of a transaction fee, are substantially similar to the requirements for pawnbrokers. The primary difference is the reduced hold time for secondhand dealers due to the financial impact that extended hold times have on such businesses. The proposed ordinance includes precious metal dealers in the definition of secondhand dealers, due to the substantially identical requirements 'placed on such dealers in Colorado Revised Statutes. Though commodity metal dealers are not included at this time, it is noted that the requirements imposed on such businesses in Colorado Revised Statutes closely matches the requirements on pawn shops, secondhand dealers, and precious metal dealers. Secondhand dealers are governed by the Colorado Revised Statutes. They are required to record transaction information and to provide this information to law enforcement on an ongoing basis every three days. They are required to maintain their records and make them available for inspection by law enforcement. Secondhand dealers are required to post specific notices in conspicuous places in their business. Providing false information to a second hand dealer is a Class One Misdemeanor. The business may be charged criminally for failing to meet the requirements of statute. If the dealer has repeat violations the crime may be a Class Five Felony. Local government may enact ordinances governing secondhand dealers and charge them a fee if they provide such dealers with transaction forms. The City of Wheat Ridge currently has no such ordinances. STATEMENT OF THE ISSUES: Historically, the City of Wheat Ridge and the Wheat Ridge Police Department have not made any efforts to identify or inspect businesses that may be secondhand dealers due to a lack of personnel resources. Due to a particular investigation of a secondhand dealer in 2006, Wheat Ridge detectives became aware of concerning issues. The specific issues involved the disposal of stolen property through this dealer and their failure to record and report their transactions as required by C.R.S. Detectives developed a form that secondhand dealers could use to record and report their transactions as required by Colorado Law. There was no system to identify secondhand dealers that operate in Wheat Ridge to educate them on their responsibilities under the law. In February 2007, issues involving secondhand dealers were included in a staff report that proposed the recreation of the Pawn Technician position. It was hoped that this position could provide some oversight of secondhand dealers. This position was not approved. In the fourth quarter of 2007, the Investigations Bureau was assigned an intern. The intern used the internet to research possible secondhand dealers within the City. She then did ride-alongs and visited various businesses to see if they met the definition of secondhand dealer. She identified eight businesses that likely meet the definition of secondhand dealer. She noted that none of these businesses had the notices posted as required by C.R.S. A letter was sent to secondhand dealers advising them of their obligations under C.R.S. Included in this letter was information taken from C.R.S. and a copy of the approved reporting form. The cities of Denver, Fort Collins, Boulder and Lakewood have enacted local ordinances governing secondhand stores. The police department has reviewed these ordinances and believes a similar ordinance for the City of Wheat Ridge is warranted. RELATIVE FACTS: 1. Secondhand dealers have legal obligations under C.R.S. to record transaction information, maintain records, provide transaction information to law enforcement, and post notices in their business. 2. The City of Wheat Ridge does not regulate secondhand dealers by ordinance and does not have any means of easily identifying such businesses. 3. The City of Wheat Ridge and the Wheat Ridge Police Department currently do not have any person or program that addresses secondhand dealers. 4. There are apparently eight (8) secondhand dealers in Wheat Ridge at this time. None of the dealers are currently complying with existing statutory requirements. 5. It is known that one particular secondhand dealer in Wheat Ridge has received stolen property in the past. This business has not reported or obtained required transaction information even after being specifically directed to do so. 6. Other cities are known to regulate secondhand dealers through local ordinances and some agencies enforce such regulations through their police department. FINANCIAL IMPACT: 1. The assessment of a transaction fee will generate revenue for the City. This transaction fee is recommended to be similar to the current pawn transaction fee. At this time, the number of secondhand dealer transactions that would occur and the revenue that would be generated cannot be determined. i t 2. The City would be required to provide standardized transaction forms which would result in a nominal cost. ALTERNATIVES CONSIDERED: 1. Take no actions at this time and make no attempts to educate these businesses or enforce existing C.R.S. requirements. 2. Do not enact or update ordinances but attempt to educate such businesses on their existing requirements under C.R.S. 3. Enact a new ordinance governing secondhand dealers as allowed by the Colorado Revised Statutes that requires compliance with state law. RECOMMENDATION: The police department recommends that City Council consider enacting a new ordinance as stated above and provide direction to staff to pursue that alternative. JL:db Attachments: 1) Proposed ordinance regulating the operation of secondhand dealers CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 TITLE: AN ORDINANCE REGULATING THE OPERATION OF SECONDHAND DEALERS AND PRECIOUS METAL DEALERS, AND IN CONNECTION THEREWITH, AMENDING ARTICLE VII OF CHAPTER 11 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, possesses the authority pursuant to Article XX of the Colorado Constitution, the City's Home Rule Charter, C.R.S. 31-15-501, 18-13-118 and 18-16-101 to regulate secondhand dealers and precious metal dealers within the City; and WHEREAS, the Council has not previously acted to regulate such businesses; and WHEREAS, the Council finds and determines that illicit traffic in stolen articles is encouraged by the absence of any required record-keeping system by persons purchasing and selling secondhand property and precious metals; and WHEREAS, the Council finds and determines that local law enforcement officials are hindered in the identification and recovery of stolen articles by this lack of required record-keeping; and WHEREAS, the Council further finds and determines that it is necessary and desirable to aid local law enforcement in the discovery and identification of sellers of stolen property and in the identification and recovery of such property by adopting mandatory record-keeping and reporting requirements and by providing a holding period during which time secondhand property and precious metals shall not be disposed of or altered in any manner. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. The Title of Article VII of Chapter 11 of the Code of Laws is hereby amended as follows: ARTICLE VII. PAWNBROKERS, SECONDHAND DEALERS AND PRECIOUS METAL DEALERS Section 2. Section 11-170 of the Code of Laws, setting forth definitions for Article VII, is hereby amended by the addition of the following definitions, each to be inserted in alphabetical order: Precious metal articles: Any tangible personal property consisting, in whole or in part, of precious or semiprecious metals or stones, whether solid, plated, or overlaid, including, but not limited to, household goods, jewelry, United States commemorative medals or tokens, and gold and silver bullion. Precious metal dealer. Any person holding himself out to the public as being engaged in the business of buying precious metal articles, including the taking of such articles in full or part satisfaction of a debt, for resale or for sale on consignment, or any person who purchases five or more such articles during any thirty (30) day period. Secondhand dealer: Any person whose principal business is that of engaging in selling or trading secondhand property; any person who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. Secondhand dealer does not include: (1) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller; (2) A person who is a retailer or wholesaler and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number; (3) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display or advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows; (4) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986," as amended; (5) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family or regular employees; (6) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a retail license and a City sales tax license; or (7) An antique dealer who sells antiques, has a retail license and a City sales tax license, and sells such antiques from a permanent storefront location. Secondhand property: The following items of tangible personal property sold or traded by a secondhand dealer: (1) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, and microscopes; (2) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens' band broadcasting units and receivers, and video games; (3) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs; (4) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines; (5) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components; and (6) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined by C.R.S. § 42-1102(63), as amended, snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious metal scrap. Section 3. Section 11-171 of the Code of Laws, concerning Article VII license requirements, is hereby amended as follows: Sec. 11-171. Compliance; license required. It is unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this article and without first having obtained an annually renewable and nontransferable pawnbroker's license issued by the city. It is unlawful for apy person to Section 4. Article VII of Chapter 11 of the Code of Laws is hereby amended by the addition of a new Section 11-194, to read in its entirety as follows: Sec. 11-194. Required acts of secondhand property dealers, precious metal dealers. (a) Records, reporting. Every secondhand dealer and precious metal dealer shall make a record, as provided in subsection (b) of this section, of each sale or trade of secondhand property or precious metal article made by him, his agent, or any person acting on his behalf, which sale or trade equals thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer or precious metal dealer shall submit such records to the police department in electronic form, or in such other form and number as approved from time to time by the police department, within three (3) days of the date of the sale or trade. The records required by this section shall be maintained by the dealer for at least one year after the date of the sale or trade. (b) Record contents. The record required by this section shall be made in writing on forms provided by the police department and shall contain the following: (1) The name, address, and date of birth of the seller or trader; (2) The date, time, and place of the sale or trade; (3) An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (4) The identification number from any of the following forms of identification of the seller or trader: (A) A valid Colorado driver's license; (B) An identification card issued in accordance with C.R.S. § 42-2- 302; (C) A valid driver's license, containing a picture, issued by another state; (D) A military identification card; (E) A valid passport; or (F) An alien registration card. (5) The signature of the seller or trader; (6) The right index fingerprint of the seller or trader; (7) A declaration by the secondhand or precious metal dealer that he is the rightful owner of the subject property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and (8) A declaration by the secondhand or precious metal dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the police department as required by subsection (a) of this section. (c) Fees. Every secondhand and precious metal dealer shall pay to the city a fee for every transaction form filed pursuant to subsection (b) above. The fee shall be equal to the transaction fee imposed upon pawnbrokers pursuant to Section 11-183(1) of this Code. (d) Posted notice. Except in the case of flea markets and similar facilities as provided in this subsection (c), every secondhand and precious metal dealer shall conspicuously post a notice in a place clearly visible to all buyers and traders which sets forth the provisions of this section and which sets forth the penalties for violating such section and for violating C.R.S. § 18-4-410, concerning theft by receiving. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer. In the case of flea markets and similar facilities, the operator thereof shall post the notice required by this subsection (c) in such a manner as to be obvious to all persons who enter the flea market or similar facility. (e) Holding period. Every secondhand and precious metal dealer shall hold all property obtained for sale, trade or other disposition for a period of seven (7) days from the acquisition of such property, during which time the property shall be held separate and apart from any other property, shall not be displayed to the public and shall not be changed in form or altered in any way. (f) Record of sales. Every secondhand and precious metal dealer shall keep and preserve records of sales made by him and such other books and accounts as may be necessary to determine the amount of sales tax for the collection of which he is liable. Section 5. Article VII of Chapter 11 of the Code of Laws is hereby amended by the addition of a new Section 11-195, to read in its entirety as follows: Sec. 11-195. Required acts of operators of flea markets and similar facilities. (a) In the case of flea markets and similar facilities in which secondhand property or precious metal articles are offered for sale or trade, the operator thereof shall inform each dealer of the requirements of Section 11-194 and shall provide the forms for recording the information required by said Section. (b) In the case of flea markets and similar facilities in which secondhand property or precious metal articles are offered for sale or trade, the operator thereof shall record the name and address of each dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in Section 11-194(b)(4) of this Code. Such record shall be mailed or delivered by the operator to the police department within three (3) days of the date the dealer offered property or articles for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after such date. Section 6. 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 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on the day of , 2008, 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 , 2008, 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 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: / t3. City of WheatRidge POLICE DEPARTMENT WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council VIA: Randy Young, City Manage Dan Brennan, Chief of Police FROM: Jim Lorentz, Division Command Support Services Division DATE: October 13, 2008 SUBJECT: Staff Report: Proposed Exotic Animal Ordinance EXECUTIVE SUMMARY: Staff, in cooperation with the City Attorney's Office, recommends approval of the Exotic Animal Ordinance, as shown in Attachment 1. The typical exotic animal owner has changed over the last "years due to increased education and awareness programs, thereby creating a more responsible owner. Enforcing violations of the exotic animal ordinance in the past has been accomplished by receiving neighborhood complaints. Premise inspections have been obsolete for several years due to the limitations on staff to conduct inspections and the need for such inspection to ensure compliance is negligible. The revised ordinance will provide for the prohibition of any animal considered to be a danger or threat to public safety. STATEMENT OF THE ISSUES: The term "exotic animal" has been used interchangeably with "wild animal" in laws adopted throughout government and lacks a universal definition. The City's current definition of "exotic animal" is any animal that is not a domestic animal, whether it is a native animal of this state or not (Wheat Ridge Code of Laws, Article 1, Sec. 4-14, 1998). Today's society increasingly supports owning exotic animals - everything from corn snakes, turtles, iguanas and lizards can be found in the homes of hobbyists. According to the American Pet Products Manufacturers Association 2005-2006 National Pet Owner's Survey, "the number of reptiles and amphibians being kept as pets in the United States, the world's largest consumer of reptiles, increased by 22% from 2002." Exotic animal owners can be very knowledgeable, taking the time to educate themselves before purchasing an animal. Exotic animals can be alternative household pets and educational programs reduce potential problems. On the other hand, exotic animals can pose a public safety threat when in the care of irresponsible owners. Regulating exotic animals transported into Colorado falls under the jurisdictions of the Division of Wildlife, the Department of Health, and the Department of Agriculture. These agencies have adopted regulations with three main goals: ensuring public health and safety (primarily to prevent spreading diseases to people, domestic pets, livestock, and native wildlife), protecting domestic livestock; and protecting the state's wildlife and wildlife resources. The Colorado Division of Wildlife takes a conservative stance on exotic animal ownership. There are numerous species not allowed as pets and some animals are allowed in captivity with a specific license from the state. The Colorado Department of Agriculture - Animal Industry Division is responsible for animal health and bio-security in Colorado. The Department of Agriculture regulations also are aimed at protecting all animals from cruelty through negligence, overwork, mistreatment, or lack of care. Included in this division is the Pet Animal Care and Facilities Act (35-80-101, C.R.S.), which delineates housing, care and treatment of animals. This regulation sets the standards of care for the pet industry in Colorado. Local jurisdictions have dealt with exotic animals through a number of methods. Currently, Arvada, Boulder, Lakewood, and Englewood have stand-alone ordinances prohibiting the ownership of certain exotic animals. The proposed ordinance for the City of Wheat Ridge is based on the model provided by these listed cities. RELATIVE FACTS: 1. The intent of the 1998 municipal exotic animal ordinance was to restrict ownership to responsible households with the expectation that owners would self-report exotic animals being brought to the city. The owner would complete an exotic animal permit application and arrangements would be made to inspect the premises. Upon completion of the inspection, a permit would be issued to the exotic animal owner. 2. Community Services Officers and a member of the Animal Welfare and Control Commission were required to inspect premises annually where exotic animals reside. 3. Beginning in January, 2000, the Police Department's records management system reflects the following statistics regarding exotic animals: a. Ten (10) exotic animal permit applications have been received. b. Five (5) exotic animal premise inspections have been completed. c. Eleven (11) exotic animal permit applications have been cancelled due to the owner relinquishing the animals or the owners moving from the area. 4. With only four (4) Community Services Officers performing three enforcement functions, the City's enforcement resources and capacities are limited. Routine exotic animal premise inspections have not been routinely performed. 5. Educational efforts by local exotic animal organizations have increased consumer safety and awareness of potential dangers in housing exotic animals. 6. Community Services Officers recognize there are certain exotic animals which pose considerable safety and health concerns to the public because of a volatile and unpredictable disposition These animals should be prohibited as pets. 7. Responsible owners voluntarily comply with recognized standards of care and have thereby eliminated the need for annual premise inspections. 8. Irresponsible owners have consistently failed to request an exotic animal permit. When Community Services Officers have been contacted with substantiated reports of neglect, cruelty or public safety issues, the Community Services Officers have requested and successfully obtained a municipal court order to remove the animal. Members of the police department met with the Animal Welfare and Control Commission regarding this ordinance change. The commission made some recommendations that Staff included in the proposed ordinance: 1. Poisonous animals should include amphibians and arachnids and should be prohibited. 2. Non poisonous snakes with a weight greater than five (5) pounds should be prohibited. The commission made the following other recommendations that staff did not include in the proposed ordinance: 1. Prohibited animals should be specifically named (Other cities from existing models do not feel the need to list each species, the list would be extensive and it would be impossible to determine every animal for the list.) 2. The advantage of the permitting process is maintaining a list of locations housing exotic animals. (Other cities have found that there is no reason to compile such a list and if a list were to be made, it would need regular maintenance.) 3. The ordinance needs to define the term "exotic". (Other cities have used the term in a similar way as the proposed ordinance without any difficulty.) 4. The current exotic animal ordinance has been effective and should not be revised. (Staff supports the opinion that the current ordinance is not effective. Limited resources have prohibited the inspection process. Better and effective models are used by other local municipalities.) ALTERNATIVES CONSIDERED: 1. Make no change to the current exotic animal ordinance. 2. Incorporate recommendations made by the commission to the proposed ordinance that staff did not include as the recommendations were determined to be unnecessary and counter-effective to the model proposed. 3. Approve the proposed exotic animal ordinance as described by staff which includes some recommendations made by the Animal Welfare Commission for the following reasons: a. The typical exotic animal owner has changed over the last few years due to increased education and awareness programs, thereby creating a more responsible owner. - b. Enforcing violations of the exotic animal ordinance has been accomplished by receiving neighborhood complaints. c. Premise inspections have been obsolete for several years. d. The ordinance should allow for future trends as household pet trends change. e. The ordinance should allow for prohibition of any animal considered to be a danger or threat to public safety. RECOMMENDATION: The police department recommends City Council provide staff direction regarding the revision of the exotic animal ordinance. Staff recommends approval of Alternative 3 and approval of the revised ordinance. JL:db Attachments: 1) Exotic Animal Ordinance Revised 101308 2) Current Exotic or Wild Animals Ordinance ATTACHMENT 1. Exotic Animal Ordinance, Revised 10/13/08 Sec. 4-14. Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, import, offer for sale, sell, keep, maintain, harbor or allow anywhere in the City any of the following prohibited animals, or any animal listed as endangered or threatened by the United States Fish and Wildlife Service: (1) all poisonous snakes, poisonous reptiles, AND ANY OTHER POISONOUS ANIMAL INCLUDING BUT NOT LIMITED TO AMPHIBIANS AND ARACHNIDS and nespoiseneus snakes with a weight @FeateF than five (5) n and (2) NONPOISONOUS SNAKES WITH A WEIGHT GREATER THAN FIVE (5) POUNDS (3) nonhuman primates (4) any species of feline other than ordinary domesticated house cats (5) bears of any species (6) all crocodilians (7) raccoons, porcupines, skunks, badgers or other like species (8) foxes, wolves, coyotes, or other species of canines other than dogs (9) any other animal that is not indigene s to the state OF 06 not classified as a domesticated animal. (b) State and federal law. It shall be unlawful for any person to own, possess, import, offer for sale, sell, keep, maintain, harbor or allow in the City any animal in violation of any state or federal statute or regulation. (c) Municipal court determination. Alleged domestication of any prohibited animal shall not affect its status under this section. In the event of uncertainty about whether a particular animal is a prohibited animal, it shall be presumed prohibited until the municipal court determines that the animal is not prohibited pursuant to this section 4-14. (d) Exceptions. The prohibitions of this section shall not apply to any of the following: (1) a publicly or privately owned zoological park (2) a bona fide state licensed pet shop (3) a research institution using animals for scientific research (4) a circus duly authorized to do business in the City (5) a veterinary hospital operated by a veterinarian currently licensed by the State of Colorado (6) wildlife rehabilitators, falconers, or scientific collection permit holders who are currently licensed by the Colorado Division of Wildlife (e) Potbellied pigs. No potbellied pig, Sus scrota vittatus, nor any pig purporting to be a potbellied pig, shall be possessed, harbored, kept, maintained or allowed within the City unless the owner thereof complies with the requirements of this Chapter. It shall be unlawful for any owner to fail to comply with the following requirements: (1) No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional potbellied pig may be kept for each one acre of property in excess of the minimum lot size; (2) Every potbellied pig must be neutered or spayed by the age of four (4) months; (3) No potbellied pig may weigh more than one hundred fifty (150) pounds (4) Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; (5) Outdoor enclosures must be kept clean; (6) A potbellied pig kept on residential property shall be kept as a pet for personal enjoyment, and not kept or raised for breeding, sale or human consumption. (7) All potbellied pigs must wear a harness with identification tags except when on the owner's property. vweigel Page 1 10/15/2008 Attachment 2 Current Exotic or Wild Animals Ordinance Sec. 4-14. Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals, that is, any animal that is not a domestic animal, whether it is a native animal of this state or not. (b) Exceptions. The animal welfare and control commission may grant exceptions to this section for successive periods of time not to exceed twelve (12) months. (c) Potbellied pigs: (1) Any exceptions granted by the animal control commission for a potbellied pig,Sus scrofa vittatus , pursuant to subsection (b), shall be limited as follows: a. No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size; b. Every potbellied pig must be neutered or spayed by the age of four (4) months; c. No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height; d. The potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; e. Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; f. Outdoor enclosures must be kept clean; g. Prior to the granting of an exception, owners must review educational materials provided by the animal welfare and control commission related to the care and keeping of potbellied pigs; h. The animal welfare and control commission shall adopt rules of procedure related to the review of complaints regarding the keeping of potbellied pigs for which an exception has been granted; and i. The animal welfare and control commission may impose reasonable conditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. (2) The keeping of potbellied pigs,Sus scrofa vittatus , which is an exotic animal, shall be permitted in the Agricultural-Two Zone District and shall not be subject to the requirements of subsections (b) and (c). (3) Notwithstanding the requirements of chapter 26, the keeping of an exotic animal for which the commission has granted an exception pursuant to this subsection (c) shall be deemed a lawful use of the affected property. (d) Specific animals enumerated: (1) The following are domestic animals: Aquarium fishes. Psitocine birds, aviary finches, etc., farm birds (ducks, geese, swans, poultry). Domestic rabbit (Oryctolagus cuniculus Mongolian gerbil (Meriones unguicularus Guinea pig (Cavia porceilus Hamster (Musorcriectus auratus Domestic laboratory mouse (Mus domesticus Domestic laboratory rat (Rattus rattus Albino strain). Domestic cat (Felis catus Domestic dog (Canis familiaris Domestic livestock, including, but not limited to: Horses, cattle, sheep, goats, mules, donkeys, burros, llamas, honeybees, and swine (except potbellied pigs,Sus scrofa vittatus , which is an imported variety of swine and which shall be considered exotic animals). (2) Exotic and wild animals shall consist of every other creature within the animal kingdom. (Code 1977, § 4-9; Ord. No. 1996-1050, 1, 2,10-14-96; Ord. No. 1998-1135, § 2, 11- 9-98) City of ,~!Wheat Midge POLICE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager FROM: Daniel Brennan, Chief of Policed" DATE: October 14, 2008 SUBJECT: Traffic Team Transition In 2008, the City conducted the third iteration of the Citizen Survey. The survey was designed to provide citizens an opportunity to rate their satisfaction with their local government, as well as provide feedback. Survey respondents were supplied with a list of 17 potential problems facing the City with respect to police services, vandalism, crime and graffiti. Graffiti topped the list, with nearly all respondents stating that graffiti was at least a "minor" problem. Traffic enforcement was also rated of high importance. In 2008, the Police Department conducted an organizational survey of department members. The results of this survey supported the need to reallocate staffing resources, to better serve our citizens with a more proactive response to the needs which they had identified of most importance. Department employees commented on the need for a better balance between traditional police work, community policing and problem solving. Employees expressed that there is not sufficient time or personnel resources to effectively apply the philosophies of problem solving in order to address issues concerning quality of life or crime. In addition, the department has struggled to respond effectively with personnel resources to identified crime trends and patterns. The department's Leadership Team realized that it has become necessary for the Patrol Operations Division to find different methods and strategies to address the needs of the community. In so doing, there is a need to balance the workload between traffic enforcement and criminal/non-criminal community events occurring within the City. Furthermore, there is a need for police services to become more proactive and responsive to community needs. The Police Department Leadership Team has developed a new three-year (2008 - 2011) Strategic Plan, part of which is to become more proactive and responsive to community needs. One of the goals included in the plan is to effectively respond to issues of crime and disorder by becoming more efficient and effective in the provision of police services. Another goal recognizes the need for the department to continue looking for opportunities to improve current service levels and explore innovative customer service delivery methods. An overarching goal is to secure the department's commitment toward the implementation of a policing philosophy that includes both traditional and community policing as a way of doing business. Traffic Team Transition October 14, 2008 Page 2 The department's Leadership Team has carefully evaluated our current staffing, and has determined a need to broaden the functions of the existing Traffic Team beyond traffic enforcement and education. Transitioning the Traffic Team will provide a higher level of proactive police response to the needs of our community. It is expected that the workload of the new team will be balanced with approximately sixty percent of its activities directed towards traffic enforcement and forty percent of its activities related to criminal and non-criminal calls for service. The goals and objectives of this team include: 1. The continued provision of traffic related expertise such as the police response to fatal accidents, vehicular homicides, and accident reconstruction. 2. The provision of proactive responses to developing crime issues. 3. Continued provision of police response to traffic related issues and enforcement. 4. Provide a response to appropriate law enforcement, non criminal, and community based events. 5. Assist other members of the Police Department with problem solving strategies. 6. Increase the resource coordination between Patrol, Investigations, and the Crime Prevention Team. The department has developed a plan to implement the transition of the current Traffic Team to a more proactive model to meet the needs of the community, effective January 1, 2009. JC:DB ITEM 2. s14I City of Wheatidge COMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manage FROM: Ken Johnstone, Community Development Director Sally Payne, Senior Planner DATE: October 9, 2008 SUBJECT: Jefferson County Urban County for CDBG Jefferson County Community Development staff and a representative from Lakeside will be attending the October 20, 2008 City Council study session. Jefferson County has decided to add the town of Lakeside to the Urban County for receipt of Community Development Block Grant (CDBG) funds. (Please see attached FAQs regarding Jefferson County Urban County.) Jurisdictions that have been participating in the Urban County are Wheat Ridge, Golden, Edgewater and Mountain View. The County believes it would be advantageous to add Lakeside to the Urban County to foster cooperation among the jurisdictions. The addition of Lakeside should not impact the amount of CDBG funds the City receives for its jurisdictional allocation. The Department of Housing and Urban Development (HUD) is responsible for approving Urban Counties. HUD is requesting resolutions from the other participating jurisdictions stating that they agree with the addition of Lakeside to the Jefferson County Urban Boundary. Before bringing a resolution to City Council for action, staff wanted to have Jefferson County Community Development staff come to a City Council study session to explain the Urban County process and answer any questions City Council may have. Rol Je ffer5on G1714nl~ Goynfnl4nitl Pevetapfnant Buitc inj a better tot-n.orrow to~6GLl Jefferson County Urban County Re-Qualification 2009-2012 Frequently Asked Questions Q. What is the Urban County? A. The Urban County is a HUD 3-year designation that determines the qualification of counties to receive entitlements (non-competitive grant funds). Q. How does a county or city qualify? A. Principal cities of Metropolitan Statistical Areas (MSAs) or other metropolitan cities with populations of at least 50,000; and Urban counties with populations of at least 200,000 (excluding entitled cities). Q. What cities are included in the Jefferson County Urban County? A. Beginning in 1994, the cities of Wheat Ridge, Golden, Edgewater, and Mountain View have been included in the Jefferson County Urban County, as well as unincorporated Jefferson County. Q. How much funding does Jefferson County Urban County receive annually? A. The most recent CDBG allocation was $1,086,233; jurisdictional breakdown was: Wheat Ridge $319,871 Golden $123,206 Edgewater $ 61,986 Mountain View $ 5,632 Unincorporated $358,305 (General competitive allocation) Q. What is the Urban County re-qualification process? A. Every three years, the County is required to inform all participating cities that they can remain in the Urban County or "opt-out"; if they do not respond, the cities will automatically be renewed as part of the Urban County. If a city "opts out", the jurisdiction will no longer be entitled to CDBG funds through the Urban County and will have to apply for State funds. 100 Jefferson County Parkway, Suite 3520 Golden, Colorado 80419 303-271-8373 Fax: 303-271-8375 Additionally, the County must notify all cities not participating in the Urban County of their eligibility to do so; those cities wishing to participate must contact the County in writing, which must be provided to HUD. HUD reviews all cities interested and, upon final review, approves the inclusion of additional cities. The populations of all cities determine the funding levels and one jurisdiction will not affect anther's funding level. Cities and towns notified every three years include Wheat Ridge, Golden, Edgewater, Mountain View, Lakeside, Bow Mar, and Morrison. The PY 2009 renewal resulted in Lakeside expressing a desire to be part of the Urban County; this was the first addition since 1994. After review, HUD requested resolutions of acknowledgment/approval from all participating cities. The inclusion of Lakeside will not affect jurisdictional allocations, although the town will be eligible to apply for the competitive allocation and will have a voting seat on the Community Development Advisory Board (CDAB), as do all other participating cities. Q. How will the inclusion of Lakeside impact other jurisdictions? A. The addition of Lakeside will not affect operations or activities in other participating jurisdictions; the town will work directly with the Community Development Division in the same manner and with the same responsibilities as other participating cities and towns. The County prepares all annual and program-related documents, plans, and reports and works with each jurisdiction individually to reflect the unique needs of each city or town. 100 Jefferson County Parkway, Suite 3520 Golden, Colorado 80419 303-271-8373 Fax: 303-271-8375 MEMORANDUM TO: Honorable Chairman and Members oft Board of County Commissioners FROM: Jim Moore, County Administrator DATE: July 29, 2008 vv RE: Inclusion of Lakeside in Urban County Staff Recommendation: Staff recommends that the Board of County Commissioners approves and authorizes: • The inclusion of the Town of Lakeside in the Jefferson County Urban County designation; • The Director of Development and Transportation to sign the Intergovernmental Agreement with the Town of Lakeside; • The Chairman to sign the Intergovernmental Agreement with the Town of Lakeside. Contract Duration: June 01, 2009 through May 31, 2012, with automatic renewal Resolution No. r~~ Background: In 199 geffer rZ nt came eligible as an "urban county" to qualify for a formula allocation of Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). In order to meet the population threshold, the cities of Edgewater, Golden, Mountain View and Wheat Ridge elected to participate with the County. During the current three-year renewal process, Lakeside noted the County that it would like to participate in the "urban county" and become a party to an [GA. Jefferson County must formally approve the inclusion of Lakeside into the "urban county" designation. As with other partner cities and towns, the IGA will automatically renew every three years unless it is renegotiated at the request and agreement of all partner jurisdictions. Fiscal Impact: The County's allocation of funds from the Department of Housing and Urban Development (HUD) relies heavily on "urban county" status. Revising the IGA does not alter the amount allocated to the County. However, inclusion of Lakeside could increase future CDBG monies to help facilitate needed resources to low to moderate income population as well as economic development opportunities. BCC Briefing: Tim Carl on July 22, 2008. Originator: Tim Carl, Director Development & Transportation (8510) Jacqui Pickett, Director Community Development (8372) Distribution: Originals return to: Community Development Division Commissioner McCasky moved that the following Resolution be adopted: BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON STATE OF COLORADO RESOLUTION NO. 0008-346 RE: Development and Transportation - Community Development - Inclusion of Lakeside in Urban County Resolved that the Board of County Commissioners hereby approves and authorizes • The inclusion of the Town of Lakeside in the Jefferson County Urban County designation; • The Director of Development and Transportation to sign the Intergovernmental Agreement with the Town of Lakeside; • The Chairman to sign the Intergovernmental Agreement with the Town of Lakeside. Contract Duration: June 01, 2009 through May 31, 2012, with automatic renewal Commissioner Congrove seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows: Commissioner J. Kevin McCasky Aye Commissioner Jim Congrove Aye Commissioner Kathy Hartman, Chairman Aye The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado. Dated: July 29, 2008 ITEM 3. e- City of Wheat~clge COMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager FROM: Ken Johnstone, Director of Community Development DATE: October 20, 2008 SUBJECT: Community Benefit Districts Wheat Ridge 2020 has been charged to advise the City of Wheat Ridge on developing strategies that can be embraced by the citizens to expedite the revitalization of Wheat Ridge. As part of this process, Wheat Ridge 2020 has looked at various financing mechanisms that would fund "special benefit services", or those services that create a better physical, commercial or aesthetic environment for business districts and neighborhoods alike. With this in mind, Wheat Ridge 2020's Executive Director Rob Osborn and their consultant, New City America, Inc., have developed a proposal to adopt and implement a new Wheat Ridge Community Benefit District Ordinance. The proposed ordinance blends many forms of legislation currently on the books, but will put the responsibility for formation of benefit districts in the hands of the benefiting businesses and property owners. The City Council will still have a role in approving these districts through a public hearing process, however the City Council will in essence "sanction" the decision of the affected property owners and vote to levy the assessments on the benefiting parcels in order to fund the special benefit services desired. Rob Osborn and Marco Li Mandri, President of New City America were present at the August 18 Study Session and briefed City Council on the proposed legislation. City Council directed staff to bring the proposal back for an additional study session meeting to review a draft ordinance as well as a final version of the CBD Proposal from WR 2020 and New City America. The revised Proposal has addressed the final staff comments that were included in the memos forwarded in the previous study session packets. In reviewing the draft ordinance, staff would note that there are a few blanks that still need to be filled in regards to dates and minimum and maximum time periods that apply to different steps in the process of forming and managing future CBDs. Attachments: 1. "The Adoption and Implementation of a New Wheat Ridge Community Benefit District Ordinance - dated September 26, 2008 2. Draft Ordinance PROPOSAL TO WHEAT RIDGE CITY COUNCIL THE ADOPTION AND IMPLEMENTATION OF A NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT ORDINANCE CREATED TO BRING ABOUT MORE VIBRANT BUSINESS DISTRICTS AND BEAUTIFUL NEIGHBORHOODS IN THE CITY OF WHEAT RIDGE COLORADO DOCUMENT PACKAGE FOR C.B.D. PROGRAM IMPLEMENTATION IN THE CITY OF WHEAT RIDGE PRESENTED BY WHEAT RIDGE 2020 AND NEW CITY AMERICA, INC. August 26, 2008 PART I - OVERVIEW PART If - QUESTIONS AND ANSWERS ON THE CBD DISTRICT PAGE 3 PAGE 4 Part III/ Features of the new Wheat Ridge Community Benefit District Ordinance Page 9 Part IV/ The Path to get started, First Steps in the Investigation of the Wheat Ridge C.B.D. Page 17 Part V/Small Business Commission Determination of Eligibility For CBD Investigative and Formation Grants Page 19 Part VI/Stakeholder Formation Process Page 20 Part VII/Management of the District Page 21 Part VIII/Sample Documents Page 22 2 PART 1 - OVERVIEW Wheat Ridge 2020 has been charged to advise the City of Wheat Ridge on developing strategies that can be embraced by the citizens to expedite the revitalization of Wheat Ridge. As Wheat Ridge enters the 215+ century, it must take specific and concrete steps to ensure continual economic development, promote home ownership, facilitate the halting of sales leakage and most importantly, make Wheat Ridge a more "livable" and desirable place to live, work and visit. A part of this process, Wheat Ridge 2020 has looked at various financing mechanisms that would fund "special benefit services", or those services that create a better physical, commercial or aesthetic environment for business districts and neighborhoods alike. Since Wheat Ridge has no "mixed-used" districts, per se, these financing mechanisms must also anticipate the creation of these new types of land uses. Therefore, the old financing tools that had been used and created in the 20th century, may not be applicable here. We must look at where this city is going in the next 15 years and build the governmental systems and legislative tools to promote new development. With this in mind, Wheat Ridge 2020's Executive Director Rob Osborn and their consultant, New City America, Inc., are presenting this "kit" or overview of how Wheat Ridge can adopt new legislative tools to facilitate revitalization as well as propose how these tools might be strategically used. We will concentrate this discussion on the creation of a new Wheat Ridge Community Benefit District ordinance, which will blend many forms of legislation currently on the books, but will put the responsibility for formation in the hands of the benefiting business and property owners. The City Council will still have a role in approving these districts through a public hearing process, however the City Council will in essence "sanction" the decision of the affected property owners and vote to levy the assessments on the benefiting parcels in order to fund the special benefit services desired. 3 PART 11 - GENERAL QUESTIONS AND ANSWERS REGARDING THE NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT (CBD) ORDINANCE AND FORMATION PROCEDURE The following represents general questions and answers that potential applicant groups may have regarding the formation of a new CBD district in the City of Wheat Ridge..... What is a Wheat Ridge CBD? In brief, the proposed CBD district is a locally established special benefits district. The district functions to create a stable revenue source that is established by a vote of the affected property owners and the adoption of an ordinance by the Wheat Ridge City Council.. In order to establish the district, the Wheat Ridge City Council must hold a public hearing to gauge the level of support of the weighted property owners in the district. Similar districts are sometimes called Property Business Improvement Districts, Business Improvement Districts, Maintenance Districts or Special Assessment Districts. In Wheat Ridge, the new enabling ordinance known as the Community Benefit District, (CBD), ordinance of 2008 has been adopted to provide local enabling legislation for motivated business district property owners or neighborhood stakeholders. Why would anyone want to pay more money, isn't the City sua,oosed to be providing these services? Cities in the U.S. tax their citizens through a number of means, (property taxes, sales taxes, hotel taxes, enterprise taxes, special revenues), and allocate them to deliver general benefit services. These services are evolving historically but normally include police, fire, transportation, sewer, water, planning and zoning, streets, lighting, social and cultural affairs, environmental issues, trash and refuse, housing, etc. These services do not and cannot respond to the special needs of a given neighborhood or business district. To respond to those special needs, including sidewalk sweeping, sidewalk snow removal, steam cleaning, rapid removal of bulky items and graffiti, responding to illegal encampments, additional security, maintenance of public order, states and localities have adopted special enabling legislation which allows motivated property owners to pay assessments to fund special benefit services. These special benefit assessments are probably the most efficient and effective funds to be paid since they must stay in the district, by 4 law, and are managed by a locally based non-profit corporation made up of those being assessed. These assessments can provide the special benefit services desired in each and every business district and neighborhood, but those funds will not be funded or controlled by the City. What "special benefits" can the assessment district fund? The special services to be funded are spelled out in the local enabling ordinance or legislation. They can only legally include those services over and above what a City will normally provide through the general fund. Such special benefit services may include: • Enhanced cleaning of the public rights of way, sidewalks and gutter; ■ Sidewalk snow removal; ■ Steam cleaning of the sidewalks of the district; • Capital improvements in the business district or neighborhood; • Removal of trash and bulky material; • Security services over and above the services of the local police force; ■ Parking services or transportation related services; • Economic development; ■ Special lighting; ■ Business attraction and retention and structuring a proper commercial mix; ■ Graffiti removal; • Advocacy; • Instituting policies that deal constructively with vagrancy, illegal encampments and panhandling; • Administration and advocacy on behalf of business districts or neighborhoods ■ Beautification and decorations; ■ Tree maintenance, planting, watering, etc; ■ Marketing and promotion (in business districts only); ■ Special community or neighborhood fairs, festivals or events; • Public space development and maintenance; Can the City replace its general benefit services in that district once the special benefits district is formed? In nearly all cases, property assessment districts only fund special, not general benefits. General benefits are those allocated to all parcels in the City and funded out of public or general fund revenues. These general benefits will not be replaced or discontinued by the City. 5 However, Experience has shown that once the assessment district has been formed, the private property owners in the district leverage the existing general benefits provided by the City and promote the special benefits as an enhancement to these general benefits. This is due to the fact that the property owners are now organized and can implement things such as trees and new trash cans and the CBD assessment revenues can maintain additional trash cans, with the understanding that these improvements would be accessories to or in addition to the general benefits or capital improvements which are funded by the City. What allows the district to be formed and how is it done? The district is normally initiated by a group of motivated property owners within a given neighborhood or business district. Experience tells us that a core of property owners representing at least 15 - 25% of the potential assessment weight of the district, is necessary to initiate the investigation. This group will then approach Wheat Ridge 2020 to get information related to formation and the function of the special benefit services district. If the group determines that there is support for the establishment of a district it must file a petition with the City to seek establishment. The petition must be filed with the City Clerk's office and signed by owners of at least 35% of the assessed weighted properties within the proposed district. The petitions shall be weighted based upon the dollar amount to be paid by the property owner who submits the petition, within the proposed District. The petition shall include at a minimum, a summary of the following items: 1. Proposed scope of services of the district, and identification of how the services meet a broader goal of the City's Strategic Plan, Comprehensive Plan, Neighborhood Revitalization Strategy, Park and Recreation Plan, Sub Area Study, or any other plan or policy adopted by the City which promotes Community and Economic Development prosperity. 2. Proposed assessment area map, specifying the boundaries of the proposed CBD. 3. Proposed term of the district in years, if any; 4. Special benefits to be funded within the district. 5. Assessment methodology. 6. Policy for any assessment exemptions in the proposed district. 7. Outline of proposed capital projects that the assessments shall fund. 8. Proposed management structure of the district by an existing or the establishment of a new 501(c) 3 organization. 6 9. Proposed Management plan identifying how the district shall administer projects and programs outlined in the petition. I O.Any other criteria that City Manager deems relevant and appropriate with respect to the purpose of the proposed district and City's Strategic Plans. The petition would trigger a mail balloting procedure that would demonstrate support among the affected property owners. The mail ballots, , are due at the public hearing and would advise the City Council on the level of support for creation of the district. The ballots shall be weighted based upon the dollar amount to be paid by the property owner who submits the ballot, within the proposed District. Once the mail ballots have been tabulated and they demonstrate that the weighted majority of return ballots support establishment of the District, the Council may vote to consider to adopt an ordinance for the creation of a district and to levy the assessments on the benefiting parcels through the public hearing ordinance adoption process. This process will ensure a fully disclosed, participatory approval process. How Iona does this process take? The process can take as little as 8 months and as long as 2 - 3 years. What is most important is that the affected community understands the proposal and the boundaries are set around a weighted majority who desire the services to be funded by the district. Can the district be formed any time during the year? Yes, however it is best to coordinate the formation process so the public hearing is completed to coincide with the annual property tax cycle. This is suggested so there is not such a long delay in approving the district and receiving the revenues from the first property tax bills. How are the CBD assessments collected? As provided by local ordinance, the CBD assessments will appear as a separate line item on the annual property tax bills prepared by the County tax collector. Property tax bills are distributed twice per year. The County of shall distribute the assessments collected from the CBD district, to the City of Wheat Ridge - who will in turn then forward them to the designated Management Corporation, pursuant to the authorization of the plan. Existing laws for enforcement and appeal of property taxes apply to the CBD District assessments. 7 Is there a minimum amount that should be aenerated by the district? Though there is no legal requirement for assessment revenue generation, practice tells us that a minimum of $ 150,000 in a business district and $50,000 in a neighborhood should be generated in order to make a difference. The idea of the district is to have the special services put a dent in the problem that the district or neighborhood may face. A rule of thumb is that the CBD should generate enough revenues to make a positive impact in the community, however should not be an unreasonable burden to the majority of benefiting property owners in the district. Once established, must every parcel in the district pay? Unless specifically mentioned in the plan, every single parcel owner must pay into the district. In addition, parcels owned by tax-exempt designated organizations may be exempt from paying property taxes but may not necessarily be exempted from the assessment district. Usually, the only way to be exempted is to demonstrate that no benefit will be received from the special benefit services funded by the district. How long can the district last once established? In Wheat Ridge, the CBD ordinance will have no set term. This is to allow property owners to determine if they wish to fund long term capital improvement projects that will provide special benefit to their district. The district can be formed for any amount of time,. How could a district be disestablished if it is not functioning as envisioned? Local ordinance shall provide for the process for disestablishment of the CBD pursuant to an annual review process. Each year that the district is in existence, there will be a 30-day period during which the property owners will have the opportunity to request disestablishment of the district. Within that 30 day period, if the owners of real property who pay 35% or more of the assessments levied submit a written petition, the CBD district disestablishment procedure may be initiated. The Wheat Ridge City Council will hold a public hearing on disestablishing the CBD prior to actually doing so. At the public hearing, City Council shall consider the district's request for disestablishment and determine if the district has any long term liabilities, or responsibilities created pursuant to the original purpose of the district, that may prohibit disestablishment. If Council finds that such liabilities or responsibilities exist, it may vote to not allow disestablishment, or take action to commit to work with the district to devise a disestablishment plan that outlines the time period for continued assessments based on the existing and identified future 8 liabilities and responsibilities of the district. The plan shall clearly identify obligations of the district to extinguish its liabilities, and verify that the City will not be required to provide continued services of special benefits to the district. Thus the disestablishment procedure is no more difficult than the provisions of the establishment procedure. Due to its long term nature, this new ordinance allows for the growth of landscaping, its maintenance as well as creation of new public spaces and economic development strategies related to revitalization that create a more permanent improvement to the area. If there is debt against the district, the district cannot be disestablished. All financial obligations in the form of bonds or loans for capital improvements, must be paid off before the district can be disestablished. Who controls the funds once the district is established? A non-profit corporation is usually established once the district has been created. The non-profit corporation is normally comprised of board members representing the property owners paying into the district. Alternatively, a district can create an Advisory Board that focuses on the goals of the district, but places management and day to day oversight with a separate organization. The Advisory Board could form a management agreement with an existing corporation such as Wheat Ridge 2020. The management agreement shall identify the annual service fee and terms of the district's management. The independent non-profit CBD management corporation, or Wheat Ridge 2020 would then enter into a contract with the City, through the City Manager's office, to administer the district on behalf of the stakeholders. This annual contract will outline the programs and projects the CBD desires to implement and provide project analysis data to identify how the use of the assessed funds are meeting the district's purposes. Can the City withhold the assessments from the District? By law, the assessments generated within the district must be allocated to fund special services within the district. However, the district can not use the generated assessments for purposes outside the scope of the district's defined mission as presented in its original establishment petition. On an annual basis the District must present a work plan to the City as outlined above, to verify the plan meets the district's purpose. It the plan is contrary to the district's purpose the City may withhold a portion the generate assessments that do not meet the district's goals. The withheld assessment must be placed in an interest bearing escrow account and made available to the district upon presentation and approval of an amended annual plan 9 approved by the City. Additionally, the City cannot withdraw its current baseline level of services with the assessments since the district can only fund "special benefits". Once established, can the City increase the assessments? By ordinance, the only changes in the annual assessment methodology must be pre-determined and placed in the CBD plan for the district. The City cannot arbitrarily increase the assessments because they are not funds created by or controlled by the City. Normally, only land use changes or a pre-determined CPI amount as included in the plan will allow for higher assessments in the district. Will the establishment of Community Benefit Districts create additional staffing burdens and resource allocations to the City? Currently, the City is working with neighborhood leaders and citizens on an individual basis. The City is currently handling citizen's needs or inquiries in a reactionary process. This process does not help implement the city's long term plans and goals in a strategic method, and often requires the involvement of many levels of City administration and Council. Often, putting out fires takes greater priority over implementation of long term plans. City officials are expending considerable time implementing enforcement activities in the community related to code infractions on private property, infrastructure development and maintenance in public rights of way, and crime prevention in many areas of the community. The need for services and costs to provide them will increase as time continues. The need to provide these services will not get resolved unless the city has partnerships with stakeholders in our neighborhoods. The CBD model provides that partnership. It engages citizens to promote self help activities for the betterment of the community, consistent with the city's goals for Community Development as outlined in the Neighborhood Revitalization Strategy. The CBD format provides a revenue source that can be used to provide the special benefits desired by engaged citizens within a district. The City Staff will have the ability to work with vested stakeholders in the community who can assist in maintaining public rights of way, working with the district members to alleviate code infractions, and maintain communication to promote safer and better organized neighborhoods. The work of the City Staff will not decrease, but it will change. It will transition form enforcement and reaction to strategy and implementation. The CBD process will enable the city to work with the stakeholders to implement the 10 plans it has adopted and also invite citizens who desire special services to organize and assist in the provision of such services. Written by: Marco Li Mandri New City America, Inc. Rob Osborn, Esq. Wheat Ridge 2020 Part III/ Features of the new Wheat Ridge Community Benefit District Ordinance The following represents an overview and summation of the key elements that should be included in the new Wheat Ridge Community Benefit District ordinance. The features include steps for formation and are consistent with the Colorado State Constitution. We have included some existing Denver ordinances as a model as to what a "home rule" city can do. 11 Business Local Local New Wheat Improvement Improvement Maintenance Ridge District District District Community Benefit District Legislative CRS 31-25-1201 Denver Charter Denver Charter City Council Authority to 1228 7.6.1 - 7.6.20 7.7.1 - 7.7.19 adoption Purpose To expedite Constructing or Care, operation, To expedite commercial installing any security, repair, neighborhood, revitalization public maintenance mixed-use, or programs improvement and commercial through funding replacement of revitalization special benefits pedestrian and programs including transit malls through funding improvements special benefits and activities: including Marketing and improvements promotions, and activities: special events, Marketing and security, snow promotions, removal, fund special events, public security, snow improvements removal, fund and their development of maintenance, public space, etc. public improvements and their maintenance, paying for administration and non-profit management expenses, etc. Powers -To have Constructing or Care, operation, To have perpetual installing any security, repair, perpetual existence; public maintenance existence; -have and use a improvement and -have and use a corporate seal; replacement of corporate seal; -sue and be pedestrian and -sue and be sued; transit malls sued; -enter into -enter into contracts, contracts, -borrow money -borrow money and issue and issue negotiable negotiable bonds; bonds; -provide special -provide special benefit services benefit services listed above; listed above; -acquire, -acquire, construct, construct, finance and finance and 12 install install improvements; improvements; -dispose or real -dispose or real and personal and personal property; property; -have -have management management control and control and supervision of supervision of affairs of the affairs of the district; district; -to fix and -to fix and increase or increase or decrease rates; decrease rates; power to levy ad power to levy ad valorem taxes; valorem taxes; -special -special assessment assessment power power 13 Business Improvement District Local Improvement District Local Maintenance District New Wheat Ridge Community Benefit District Creation and 1. Initiated by a 1. Initiated by a 1. Initiated by a Initiated by a establishment petition filed petition filed with petition filed with petition filed with with the clerk of the manager of the manager of the City Clerk's the governing Public Works, Public Works, office signed by body signed by signed by not less signed by not less owners of at owners of at than 35% than 35% least 35% of the least 50% of the property owners property owners assessments to assessed of the of the be paid into the valuation and at municipality who municipality who district. least 50% of the own real own real districts land property in the property in the The petition shall area; district district include a 2. Petition shall 2. Hearing by 2. Hearing by summary of the set the name, the Manager of the Manager of management description of, Public Works Public Works plan which boundaries and 3. Ordinance 3. Ordinance specifies the service area, establishing establishing boundaries of description of district district the proposed types of services CBD; term (if and/or any); special improvements benefits to be funded; benefit zones if any; assessment methodology; any exemptions; capital projects, management of the district. The petition would trigger a mail balloting procedure that would demonstrate support among the affected property owners. The mail ballots, which are advisory, are due at the public hearing and would advise the City Council on the level of weighted support for 14 creation of the district. Once the weighted mail ballots have been tabulated and they demonstrate support for the establishment of the CBD, the Council may vote to consider an ordinance creating a district and to levy the assessments on the benefiting parcels. This process will ensure a fully disclosed, participatory approval process. 15 Business Local Local New Wheat Improvement Improvement Maintenance Ridge District District District Community Benefit District Governing Body -City Council, None Board of Proposed that -Board of Directors (5) either Wheat Directors by appointed by Ridge 2020 or a Council, Five the Mayor new non-profit members from organization of the electors of the property the district; owners paying -Council may into the district provide by enter into a ordinance that contract with the the governing City Manager to body of a URA, administer the DDA or GID serve district on a day as the acting to day basis board Duration Perpetual Perpetual Perpetual Pe Bond Authority Interest bearing Interest bearing None Not determined bonds derived bonds derived yet from general ad from general ad valorem taxes of valorem taxes of the district, first the district, first approved at an approved at an election election Taxing Power Levy and collect None None None, on ad valorem taxes property tax bills Pees Fix rates, tolls, Assess costs of Assess costs of Not determined charges for any improvements improvements as of yet services or against property against property improvements specially specially furnished by the benefited. Use benefited. district of revolving fund. assessments 16 COMPARISON OF ASSESSMENT DISTRICTS THROUGHOUT THE STATE AND COUNTRY Area District Year Petition Sunset Legislative Adopted Services Allowable Required? Provision Name Arizona Property 1990 Landscaping, Security, No None Business Imp. Economic District Development, Advocacy, Marketing and Promotions, Parking, Cleanu , etc. New Jersey District 1984 Landscaping, Security, No None Management Economic Act Development, Advocacy, Marketing and Promotions, Parking, Cleanu , etc. New York Business 1980 Landscaping, Security, Not None City Improvement Economic specified, District Act Development, petition Advocacy, Marketing based and Promotions, upon Parking, Cleanup, etc. assessed valuation, consensus reqd. California Landscaping 1972 Landscaping, No None (Streets and and Lighting Lighting, Highway Act Minor Capital Code Im rovements California Property 1994 Landscaping, Security, 50% of 5 years (Streets and Business Economic weighted Highway Improvement Development, property Code) District Act Advocacy, Marketing owners and Promotions, Parking, Cleanu , etc. San Diego, Maintenance 1998, Landscaping, Security, No None CA Assessment Amended Economic District in 2003 Development, Advocacy, Marketing and Promotions, Parking, Cleanu , etc. 17 Area District Year Petition Sunset Legislative Adopted Services Allowable Required? Provision Name Los Alpha PBID April 2000 Landscaping, Security, 30% 10 years Angeles, Economic weighted CA Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanup, etc. Oakland, Business Imp. November Landscaping, Security, 30% 10 years CA Maintenance 1999 Economic weighted District Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanu , etc. San San Francisco February Landscaping, 30% 15 years Francisco CBD 2003 Landscaping, weighted Ordinance Economic property Development, owners Security, Advocacy, Marketing and Promotions, Parking, Cleanup, etc. Wheat Community Pending Landscaping, Security, 35% of None Ridge Benefit District Economic weighted (Proposed) Ordinance Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanup, etc. (also possibility of funding minor capital improvement ) 18 PART IV - THE PATH TO GET STARTED FIRST STEPS IN THE INVESTIGATION OF THE WHEAT RIDGE C.B.D. The following represents the steps a stakeholder group or interested party of property owners must take to implement the creation of the special benefit services under the CBD ordinance: - A. Community orstakeholder group steps in investigating a CBD district: 1. Identify a key group of property owners, large and small, including business tenants in the targeted district. If it is a residential oriented district, identify larger and smaller property owners to give the lead group the proper mix; 2. Designate an existing local organization or create a new group to serve in the capacity of the CBD Steering Committee. The Committee would be open to all interested parties; 3. Request a Wheat Ridge CBD Kit from Wheat Ridge 2020 or the City, review the kit and discuss the feasibility of formation of a special benefits assessment district among Steering Committee members; 4. Review the sample budget of district and plan, (attachment B); 5. Send a letter of support to the Wheat Ridge 2020 staff expressing interest in investigating establishment of a CBD. List Steering Committee members by name, property owned and have them sign the letter to the Wheat Ridge 2020 Board. Send copy of letter to the City Manager. (List should have at least 8 - 10 significant property owners name attached). See attachment A at end of packet for sample letter. 6. Wheat Ridge 2020 staff will then determine the designation of the applicant group as eligible to receive an investigative grant from Wheat Ridge 2020 based upon pre-determined criteria. A letter is sent from Wheat Ridge 2020 staff to applicant group explaining the decision and availability of funds. B. Investigation of CBD District by Steering Committee: 1. Use in-house Wheat Ridge 2020 CBD consultant or staff to work with the client group to conduct investigation with elements of plan, (boundaries, budget, priorities), set by Steering Committee; 2. Requirements of investigation shall include: a. Develop property database including property variables and property owner information in full database. Identify largest, weighted, property owners and contact them, if at all possible; 19 b. Conduct one written survey mailed or hand delivered to each affected property owner in the proposed district. Focus groups among significant portions of the community may also suffice for this outreach process; C. Tally the results of survey responses or focus groups and plot them on a parcel map; d. Set boundaries based upon level of conceptual support for establishment of CBD district based upon Steering Committee decisions; e. Expand Steering Committee based upon survey results and expressed desire to be involved in the CBD formation process; 3. Deliverables to the Wheat Ridge 2020 to conclude investigative phase of CBD district: ■ Present parcel map with preliminary boundaries • Present database of all property owners in the proposed district including all property variables that have been collected; ■ Present tally of survey results demonstrating support and opposition of the CBD district investigation; ■ Present preliminary budget; • Present preliminary assessment methodology to fund special benefit services; 20 PART V - WHEAT RIDGE 2020 DETERMINATION OF ELIGIBILITY FOR C.B.D. FORMATION GRANTS: The following represents the steps the Wheat Ridge 2020 will take in determining the eligibility for formation grants and allocation of staff time to implement the CBD district in the applicant community. The applicant group: • is acknowledged through a City Council member's office as legitimate with a community base; or ■ is acknowledged through the City Manager's office as a legitimate group with a community base; or ■ is new, however has an established base of property owners in the district; or • is part of the Wheat Ridge Business District or another acknowledge city group; or • is acknowledged as a member of the visitor related industry; or ■ has been designated by the Wheat Ridge 2020 staff as an acceptable applicant for the CBD district formation grant program; 21 PART VI. STAKEHOLDER RESPONSIBILITIES IN C.B.D. DISTRICT FORMATION PROCESS: Once the Phase I Investigation has been completed based upon the conditions listed above, the Steering Committee may request further assistance from Wheat Ridge 2020 staff to complete the CBD formation process. This formation effort will include everything including the development of the management plan, petition and mail balloting/public hearing phase. The tasks entailed in this phase of the formation process shall include: ■ Expansion of the CBD Steering Committee; • Finalize boundaries based upon input from the CBD Steering Committee; • Submit database to appropriate City office to verify property variables; ■ Finalize benefit zones if any; • Finalize services plan; • Finalize assessment methodology; • Determine if any parcels would be exempt or have their assessments reduced due to tax-exempt status; ■ Demonstrate good faith outreach efforts to affected stakeholders; ■ Complete CBD management district plan, include term of district (if any)within plan. Also determine whether any CPI factors will be included to allow for growth of the district; • Adopt final plan; • Submit plan for verification, review and approval by the City Attorney's office. ■ Initiate 35% weighted petition drive based upon Steering Committee and City Attorney endorsement of the plan; • Complete petition drive once minimum of 35% weighted threshold has been reached, submit petitions to the City Manager. Strive to get up to more petitions of support prior to the mail balloting process; ■ Work through City Manager and staff to bring CBD to a public hearing for district to Wheat Ridge City Council; • Work with City Clerk's office to conduct the mail ballot proceeding and encourage voting turnout by affected property owners. • Coordinate public testimony at public hearing; Once votes are tallied and weighted returned ballots demonstrate support for district formation, the City Council will then adopt an ordinance levying assessments on the benefiting parcels as per the adopted management plan. The CBD Steering Committee will then work with Wheat Ridge 2020 and the City Attorneys office on designation of Wheat Ridge 2020 as non-profit management group. If not Wheat Ridge 2020, the stakeholder group must demonstrate approved bylaws as tax exempt corporation by State of Colorado, proof of insurance and selection of interim Board of Directors. 22 PART VII. MANAGEMENT OF DISTRICT Based upon its existing contract with the City, the first preference of a management corporation should be through Wheat Ridge 2020. If this is not acceptable to the stakeholders, than the following should determine the requirements for administration of the CBD district. It is suggested that the management corporation either is, or be established to fit the following conditions: a. Is formed as a 5010(3) public benefit, charitable non- profit corporation in order to maximize its ability to receive private and public grants; b. Has large, small and varied land us property owners on the Board of Directors; C. Adheres to provisions for open Board meetings; d. Identifies legitimate service providers through open bidding process. e. Provides an annual audit conducted by third party CPA firm and submits to City and members; f. Submits quarterly reports to the City Manager; g. Establishes functional e-mail and web site to facilitate communication to members and public; h. Encouraged to meet regularly with other CBD or similar organizations; 23 PART VIII - SAMPLE DOCUMENTS ATTACHMENT A SAMPLE LETTER FROM WHEAT RIDGE 2020 ON THE REASONS TO CONSIDER FORMING A NEW A WHEAT RIDGE COMMUNITY BENEFIT DISTRICT Date To: Property and Business Owners Interested in Establishing New C.B.D. District in Their Community Fr: Wheat Ridge 2020 Staff Dear Property or Business Owner: For many years, residents, businesses property owners and visitors to Wheat Ridge have become increasingly concerned about the image of our City. For that reason, the City Council adopted a new visionary plan called Wheat Ridge 2020, to bring citizens into the process of determining the future direction of our City. This problem of the "image" of Wheat Ridge, both among its residents, business owners and to its visitors, is increasingly seen in the problematic conditions of Wheat Ridge's public rights of way. With governmental revenues becoming increasingly strained, it is safe to assume that City general fund services to clean and beautify the public rights of way will be reduced, not increased. This will be the situation for the foreseeable future. This problem is resolvable and has been dealt with for years in other cities in the United States. Special benefit districts, commonly known as special services districts, business improvement districts, maintenance assessment districts, community benefit districts, etc., are being supported by neighborhood and business communities throughout the United States due to their positive impact on the quality of life issues close to home. Issues including overflowing trash cans, (or even the frequent placement of trash receptacles), sidewalk snow removal, tree planting and maintenance, sidewalk sweeping, removal of graffiti and bulky items, funding of special events and community fairs, maintenance of order in the public rights of way - are all special benefits that are funded by community established assessment districts. 24 Though assessment districts add costs to your business and residential parcels, they are considered to be a solid investment in your neighborhood or business community due to the following: The assessment district model is a proven model of generating revenues to fund special benefits over and above those funded by the general fund of a City; 2. The special benefits to be funded, their costs and their frequency are determined by the benefiting property owners themselves; 3. Property owners, in the City of Wheat Ridge, must petition and vote to establish the district through a public hearing process; 4. Most people's greatest investments are in their homes or businesses and they readily invest to improve their respective properties. The public domain, however, is normally outside of the control of any one property owner; however its condition could have a very negative impact on a neighborhood or business district. The assessment district model maintains the same high standards in the public rights of way that most people maintain behind their property lines. They serve as a great mechanism to maintain cleanliness and order in the public rights of way. 5. One hundred per cent of the special benefit assessments generated, by law, must fund services within the boundaries of the district; 6. Stakeholders, the assessees themselves, determine how and who will provide the special benefit services; 7. The district can be disestablished based upon a vote of the affected property owners. It is no more difficult to take apart an assessment district, than it is to establish one. In the following pages, you will find out more on how these new Community Benefit District (CBD), will change the character of the City. As we enter the 215} century, neighborhood based special benefit assessment districts are becoming a key tool to upgrade the quality of urban life. We must raise the bar and standard for city life, we must create a culture of higher expectations. We ask that you join with your neighbors or local business and property owners to see if these innovative community controlled CBD districts are appropriate for your neighborhood or business districts. 25 Sincerely, Rob Osborn Executive Director Wheat Ridge 2020 26 ATTACHMENT B SAMPLE LETTER TO WHEAT RIDGE 2020 ON THE DESIRE TO ACCESS RESOURCES TO INVESTIGATE A NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT Mr. Rob Osborn Executive Director Address SUBJECT: Request for Determination of Eligibility in Applying for Wheat Ridge 2020 CBD Investigation and Formation Grant Dear Rob: At its (date) meeting, the (community group or business organization) voted unanimously to request aid from Wheat Ridge 2020 in determining whether a Wheat Ridge Community Benefit District would be appropriate for, and supported in our neighborhood. We have reviewed the Wheat Ridge CBD packet materials provided and understand that the CBD, if adopted, would result in an assessment levied on area parcels in order to fund special benefits in the community. The desired special benefits relevant to our community include (list beautification, sidewalk sweeping, marketing and promotions, advocacy, planning, parking, etc). We are requesting that resources and staff time be allocated to support our request investigation and possible creation of the CBD. We commit ourselves to work hard and do the extensive outreach necessary to build community consensus for this CBD. Please find our commitment as demonstrated by the signatures of the members of our organization listed below. 27 ATTACHMENT C SAMPLE PRELIMINARY WHEAT RIDGE C.B.D. BUDGET AND PLAN DOCUMENT Proposed CBD District Area: CBD Steering Committee Chair: Proposed CBD District Boundaries: Annual Assessment Revenues: CPI Factor Benefit Zones Special Benefit Services Desired: Planning activities: 38th Street Corridor List name and organization, Address Phone and E-Mail Preliminary boundaries include: A Street on the South B Street on the North C Street on the East D Street on the West Total of 18 square blocks $ 180,000.00 in assessments per year An annual CPI adjustment is allowable as per the plan, not to exceed 5% per year There is only one benefit zone in this plan Sidewalk cleaning and sidewalk snow removal Trash receptacle placement and emptying Steam cleaning of sidewalks Tree planting and maintenance Decorations Special events (2 per year) Removal of graffiti and bulky items Marketing and promotions Advocacy Facilitating mixed use development Term of District: Perpetual 28 Assessment Methodology Annual Costs per variable: Highest Annual Assessment: Lowest Annual Assessment: Management Entity Commencement Date: Assessment levied on all parcels, public and private, tax-exempt not excluded: 33% of assessment ($60,000) generated from linear frontage 33% of assessment ($60,000) generated from lot size 33% of assessment ($60,000) generated from land use or building square footage $ 5.00 per linear foot per year $ 00.015 (1 '/2 cent per square foot of lot per year) $ 00.0356 per building square foot per year $22,000, abcd 38th Street $ 180.00 per year for loft/condo owners at Defg 38th Street Wheat Ridge 2020 Fiscal year 2009-10 Other Conditions: Area is mixed use and low rise. Only retail and commercial building uses will pay into marketing and promotions budget 29 ATTACHMENT D SAMPLE MAP OF C.B.D. DISTRICT INSERT HERE 30 ATTACHMENT E CITY OF WHEAT RIDGE PETITION TO FORM THE (NAME OF DISTRICT) COMMNITY BENEFIT DISTRICT (Pursuant to the Community Benefit District Ordinance# of the City of Wheat Ridge, Adopted September 2008) Legal Owner: Pre-printed Owner: Pre-printed Parcel Number: Pre-printed Site Address: Pre-printed Proposed Annual Assessment: Weight information would be pre-printed on the ballot Yes, I approve of the proposed assessment of on the parcel(s) identified on this petition. No, I do not approve of the approved assessment on the parcel(s) Identified on this petition Please Print Name and Title Signature of Record Owner or Authorized Representative (in the case of property owned by non-individuals) Please Return Petitions as soon as possible to: (Steering Committee or Wheat Ridge 2020 address) 31 ATTACHMENT F CITY OF WHEAT RIDGE MAIL BALLOT TO ESTABLISH THE (NAME OF DISTRICT) COMMUNITY BENEFIT DISTRICT BALLOT TO FORM THE (Name of CBD inserted here) (Pursuant to the Community Benefit District Ordinance # of the City of Wheat Ridge, adopted September 2008) Legal Owner: Ballot Question: APN Situs Annual Assessment - % Information is pre-printed on ballot YES, I approve of the proposed assessment of Annual Assessment Total on the parcel(s) identified above. NO, I do not approve of the proposed assessment on the parcel(s) listed above. Signature of Record Owner or Authorized Representative Print Name and Title (in the case of property owned by non-individuals) Please Return Ballot inside Privacy Envelope inside of Self-Addressed Envelope Provided and mail to: City of Wheat Ridge Office of the City Clerk 7500 W 29th Ave. Wheat Ridge, CO 80033 (legal owners name is pre-printed on ballot) Approval of the C.B.D. 32 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2008 AN ORDINANCE AMENDING THE WHEAT RIDGE,CODE OF LAWS TO PROVIDE A PROCESS FOR THE CREATION'AND'ADMINISTRATION OF COMMUNITY BENEFIT/,DISTRICTS WHEREAS, the City of Wheat Ride (`Ci ty g ty)„acting through its City Council, has authority pursuant to Article XX of the Colorado onstitutiorrand C.R.S. § 31-1-101 et. seq. to establish a process by which property,,6Wners within the City may establish a community benefit district for the improvement of their neighborhood, mixed use or commercial district; and WHEREAS, the City Coi revitalization programs through and WHEREAS, limited to: enhance capital improvem6 beautification and'i security rocess will expedite , improvements and activities; and activities may include, but are not of ,.Way, funding and completion of i~developmerrt; advocacy, fairs, festivals or events; and to enact a process to make the ,ayailable to property owners within the City. NOW THEREFOR§E OF WHEATRIDGE, COLOF Section'1: , Chapter by the addition of aew Artic which shall read in itseotiret SEC. 10-15. INTENT. IT IS THE INTENT OF THIS ARTICLE II TO PROVIDE FOR THE PROCESS TO CREATE AND ADMINISTER COMMUNITY BENEFIT DISTRICTS ("CBDs"). SEC. 10-16. FORMATION OF CBD. E CITY COUNCIL OF THE CITY the Wheat Ridge Code of Laws is hereby amended vhich shall be titled "Community Benefit Districts" and (a) THE CITY COUNCIL MAY CONSIDER THE FORMATION OF A CBD UPON THE SUBMISSION TO THE CITY CLERK OF A PETITION FOR THE SAME, SIGNED BY PROPERTY OWNERS TO BE INCLUDED IN THE CBD WHO WILL BE RESPONSIBLE FOR PAYMENT OF AT LEAST THIRTY-FIVE PERCENT (35%) OF THE ESTIMATED FIRST ANNUAL ASSESSMENT FOR THE ENTIRE DISTRICT, AS SET FORTH IN THE PETITION (HEREINAFTER, THE "WEIGHTED MAJORITY" OF PROPERTY OWNERS). (b) AT A MINIMUM, THE PETITION MUST CONTAIN A COMPLETE SUMMARY OF THE FOLLOWING: (1) THE PROPOSED IMPROVEMENTS, CBD (COLLECTIVELY, "SERVICES (2) IDENTIFICATION OF HOW BROADER GOAL OF ONE a. THE CITY'S STRATEGIC b. THE CITY'S c. ANY APPLICABLE d. ANY SUB e. ANY OR AND ACTIVITIES OF THE OF THE MEET A 'ALIZATION STRATEGY, OR RELEVANT PTED BY THE CITY WHICH NOMIC DEVELOPMENT HOWIN THE-B,QUNDARIES'OF THE PROPOSED CBD, IN TION TO,QITY STREETS AND IDENTIFIED LOTS AND BLOCKS, ICIENT FOR PROPERTY OWNERS TO DETERMINE IF THEIR 'ERTIES AREOR ARE-,NOT INCLUDED WITHIN THE PROPOSED DI (4) (5) ASSESSMENT THE CBD IN YEARS, IF ANY. (6) POLICY FOR ANY ASSESSMENT EXEMPTIONS IN THE CBD. D (7) OUTLINE OF PROPOSED CAPITAL PROJECTS THAT THE ASSESSMENTS SHALL FUND. (8) PROPOSED MANAGEMENT STRUCTURE OF THE CBD BY AN EXISTING 26 USC § 501(c)(3) ORGANIZATION ("501(c)(3) ORGANIZATION") OR THE ESTABLISHMENT OF A NEW 501(c)(3) ORGANIZATION. (9) PROPOSED PLAN OF IMPLIMENTATION OF THE PROJECTS AND PROGRAMS OUTLINED IN THE PETITION. (10) ANY OTHER CRITERIA THAT THE CITY MANAGER DEEMS RELEVANT AND APPROPRIATE WITH RESPECT TO THE PURPOSE OF THE PROPOSED CBD AND THE CITY'S STRATEGIC PLAN. (c) UPON RECEIPT OF A COMPLETE (1) ISSUE A CERTIFICATION OF AND (2) SCHEDULE A PUBLIC H PURPOSE OF TAKING I THE HEARING SHAL'L'B PRACTICABLE TIME, BL DAYS FOLLOWING THE COMPLETENESS. (d) Wll COMPLETEN SCHEDULED TO BE DELIV,ERI IN THE CBD `TH NECESSARY TO DO YOU i CBD AND IS TO (2) DO) ACTIVITIES WILL (3) DO YOU PROPOSED? CITY CLERK SHALL: LETENESS TO THE PETITIONERS, FORE THE CITY COUNCIL FOR THE AND ACTION ON THEPETITION. EDAT,+" EEARLIEST ENT`;S'OONER THAN THIRTY (30) ERTIFICATION OF PETITION ICATE OF PETITION PRIOR TO THE SHALL/CAUSE MAIL BALLOTS PROPOSED TO BE INCLUDED FOLLOWING QUESTIONS 'PORT OF THE CBD: NOT PPORT THE FORMATION OF THE RENTS. SERVICES AND/OR ACTIVITIES IT AT THE IMPROVEMENTS, SERVICES AND/OR PROPERTY? WITH THE ASSESSMENT METHODOLOGY BEING IN ADDITION, EACH BALLOT SHALL INDICATE THE ESTIMATED DOLLAR AMOUNT TO BE ASSESSED TO THAT PROPERTY IN THE FIRST FULL YEAR OF CBD OPERATIONS. (e) THE BALLOTS SHALL BE REMITTED TO THE CITY CLERK AT LEAST _DAYS PRIOR TO THE SCHEDULED PUBLIC HEARING, AND THE CLERK SHALL SUMMARIZE THE RESULTS OF THE SAME FOR INTRODUCTION INTO THE HEARING RECORD. (fl AT THE PUBLIC HEARING, THE CITY COUNCIL SHALL TAKE TESTIMONY AND EVIDENCE FROM ANY PERSON, AND SHALL ALSO CONSIDER THE SUMMARY OF RESULTS OF THE MAIL BALLOTS SUBMITTED. (g) FOLLOWING THE HEARING, IF THE MAIL BALLOTS DEMONSTRATE THAT THE W OWNERS SUPPORT THE CREATION OF THE ORDINANCE CREATING THE CBD. IF THE CI BALLOTS DEMONSTRATE THAT THE WEIGH, OWNERS DO NOT SUPPORT THE CREATION SHALL DENY THE CBD PETITION. INCIL FINDS THAT THE MAJORITY OF PROPERTY COUNCIL MAY ADOPT AN Y',COUNCIL FINDS THAT THE MAIL 'ED MAJORITY OF PROPERTY OF THE CBD;=THE CITY COUNCIL (h) IF THE CITY COUNCIL ADOPT: THE PETITION SUBMITTED TO CITY CO AMENDED) SHALL BECOME KN(" AN FOR THE DISTRICT Sec. 10-17. COLLECTION,OF CB64SSl (a) ALL P EXPLICITLY EX ONCE CREATING HE SAME MAY HI NCTION AS THE CBD, BEEN ) PLAN UNLESS (b) Ctp ASSESSfvJENT SCHEDULESL`ISTING EACH PROPERTY IN THE DISTRICTSWALL'>BE SUBMITTTED ANNUALLYiON OR BEFORE TO THE "COUNTY TREQSURI R FOR INCLUSION AS A SEPARATE LINE ITEM ON THE;ANNUAL PROPERTY TAX BILLS. THE COUNTY TREASURER SHALL DISTRIBUTE,ANY ASSESSMENTS COLLECTED FROM THE CBD TO THE ITY TREASURER, LS ANY STATUTORILY REQUIRED ADMINISTRATIVE FEE. THE,GITY TREASURER SHALL THEN DISTRIBUTE ASSESSMENTS"TO THE CBD S,DESIGNATED MANAGEMENT ORGANIZATION (c) ENFORCEMENT OR;APPEAL OF THE ASSESSMENTS SHALL BE PURSUANT TO LAWS GOVERNING THE COLLECTION OF PROPERTY TAXES GENERALLY. Sec. 10-18. TERM. A CBD SHALL BE FORMED FOR THE TERM SPECIFIED IN THE CBD PLAN. IF NO TIME IS SPECIFIED, THE CBD SHALL EXIST IN PERPETUITY UNTIL DISESTABLISHED PURSUANT TO THE PROCEDURE SET FORTH IN SEC. 10-19. Sec. 10-19. DISESTABLISHMENT OF CBD. A CBD MAY BE DISESTABLISHED BY THE CITY COUNCIL, ACTING BY ORDINANCE, UNDER EITHER OF THE FOLLOWING PROCEDURES: (1) THE COUNCIL, ACTING ON ITS OWN MOTION, MAY DISESTABLISH A CBD FOLLOWING NOTICE AND HEARING AS PROVIDED IN THIS SECTION. (2) THE PROPERTY OWNERS WITHIN A CBD PETITION THE CITY COUNCIL FOR DISE.c PROVIDED, HOWEVER THAT ANY SUCH~;I BY THE CITY CLERK WITHIN THE THIRTY ANNUAL ANNIVERSARY OF THE I CREATING THE CBD. THE PETIT SHALL NOT BE REQUIRED TOP.R SPECIAL BENEFITS TO THE-,'d THAT THERE ARE NO OUTSTANC RESPONSIBILITIES CREATED PU. CBD PLAN. IF THE OWNERS OF I THIRTY-FIVE PER CENT S°lp) OR LEVIED FOR THE CBD INIT'll SUBMIT A VALID PETITION;FOR~[ LL HAVE THE RIGHT TO _ISHMENT OF A CBD; FION MUST BE RECEIVED DAYS PRIOR TO THE ATE OF THE ORDINANCE ON SHALL VE OVIDE CONTI UPON ITS DIS THE THAT THE CITY SERVICES OF (BLISHMENT, AND FOR THE ASSESSMENTS T CALENDAR YEAR SHMENT OF THE CBD THE a. AS500N AS PRACTICABLE,AFTER'THF- RECEIPT OF A VALID PETITION THE CITY CLERK SHALL SCHEDULE A PUBLIC HEARING BEFORE THE CITYCOUNCIL, FOLLOWING NOT LESS THAN FIFTEEN (15)%DAYS PUBLIC NOTICE. AT THE HEARING, ANY R.ERSOR MAY APPEAR,AND GIVE EVIDENCE AND TESTII(~ONY' FOLLOWING"TF(~HEARING, THE COUNCIL SHALL DETERN(INE 1NHETHER THE CBD HAS ANY OUTSTANDING LIABILITIES "OR RESPONSIBILITIES CREATED PURSUANT TO THE THEN CURRENT'CBD PLAN. b. IF'THE CITY,COUNCIL FINDS THAT NO SUCH LIABILITIES OR RESPONSIBILITIES EXIST, IT MAY ADOPT AN ORDINANCE TO DISEST'A LISH THE CBD. IF THE CITY COUNCIL FINDS THAT SUCH LIABILITIES OR RESPONSIBILITIES EXIST, IT MAY VOTE TO DISALLOW THE DISESTABLISHMENT OF THE CBD. c. IN THE EVENT THE PETITION IS DISALLOWED, THE PETITIONERS MAY RESUBMIT AN AMENDED PETITION WITHIN _MONTHS, DETAILING A REVISED DISESTABLISHMENT PLAN THAT OUTLINES THE TIME PERIOD FOR CONTINUED ASSESSMENTS BASED ON EXISTING AND IDENTIFIED LIABILITIES AND RESPONSIBILITIES OF THE CBD. THE AMENDED PETITION AND REVISED PLAN SHALL CLEARLY IDENTIFY OBLIGATION OF THE CBD TO SATISFY ITS LIABILITIES AND RESPONSIBILITIES AND SHALL VERIFY THAT THE CITY SHALL NOT BE REQUIRED TO PROVIDE CONTINUED SERVICES OF SPECIAL BENEFITS TO THE CBD UPON ITS DISESTABLISHMENT. d. IN THE EVENT THE DISESTABLISHMENT PLAN OR PETITION CONTAINS A STRATEGY TO SATISFY:AN OUTSTANDING LIABILITY OR RESPONSIBILITYpVER"A PERIOD OF TIME, THE CITY COUNCIL MAY APPROVE NSESTABLISHMENT OF THE CBD ONLY CONDITIONALLY UPON THE SATISFACTION OF ANY SUCH LIABILITY OR RESPONSIBILITY. Sec. 10-20. MANAGEMENT OF CBD. THE ORGANIZATION NAMED OR CREATEDT(} MANAGE THECBD SHALL, AS A CONDITION OF THE EFFECTIVENESS OF THE,ORDINANCE CRE' ING THE SAME, PROMPTLY ENTER INTOA-CONTRACTNTH THE CITY, THROUGH THE OFFICE OF THE CITY MANAGER;,10`ADMINISTEIRAND MANAGE THE CBD ON BEHALF OF THE PROPERTY OWNERS CONTAINE6THEREIN. THIS CONTRACT SHALL BE UPDATED ANNUALLY TO``DESCRIBEsTHERNNUAL WORK PLAN SET FORTH IN SEC 1Q=21. Sec. 10-21. ANNUAL:WORK PLAN; WITHHOLDING ASSESSMENTS. (a)`ON AN`ANNUAL;BASIS, THE CBD, THROUGH ITS MANAGEMMENT ORGANIZATION, SHALL PRESENT AINORK PLAN TO THE CITY MANAGER, (I)DE RIBE THE PROGRAMS AND PROJECTS THE CBD DESIRES TO IMPLEMENT. AND (2) PROVIDE RROJECT ANALYSIS DATA SUFFICIENT FOR THE CITY MANAGER TO IDENTIFY HOW THE USE OF THE ASSESSED FUNDS IS MEETING THE:CBDt PURPOSES AS OUTLINED IN THE CBD PLAN. (b) IF THE WORK PLAN SUBMITTED IS CONTRARY TO THE CBD'S PURPOSE, THE CITY TREASURER, UPON THE DIRECTION OF THE CITY MANAGER, MAY WITHHOLD A PORTION OF THE ASSESSMENTS THAT DO NOT MEET THE CBD'S PURPOSES. ANY ASSESSMENTS SO WITHHELD MUST BE PLACED IN AN INTEREST BEARING ESCROW ACCOUNT AND SHALL BE MADE AVAILABLE TO THE CBD ONLY UPON PRESENTATION AND APPROVAL OF AN AMENDED WORK PLAN WHICH IS ACCEPTABLE TO THE CITY MANAGER. (c) AT NO TIME SHALL THE CITY REDUCE ITS LEVEL OF PUBLIC SERVICES IN THE AREA OF THE CBD BELOW THAT OFFERED TO THE CITY GENERALLY IN RESPONSE TO AN INSUFFICIENT WORK PLAN OR IN LIEU OF WITHHOLDING ASSESSMENTS. Sec. 10-22. AMENDMENTS TO CBD ASSESSMENT OR CBD PLAN GENERALLY. ALL AMENDMENTS TO THE CBD PLAN, INCLUDING AMENDMENTS TO THE ASSESSMENT METHODOLOGY, SHALL BE PROCESSED ACCORDING TO THE PROCEDURE FOR FORMATION OF A CBD SET, FORTHJN SEC. 10-16 ABOVE. Section 2. By the creation of a 10-1 through 10-14 shall be renumberec Improvement Districts." The content of'i Section 3. Severability: Conflicting subsection or clause of this ordinance shall be otherwise invalid, the validity of the46malping not be affected thereby. All other oi'dinanaes,~ provisions of this ordinance>are here 6y;repealf final publication, as rovided by r 10, Article, 1, the existing Sections titled "Specal;or Local is not affected by this Ordinance. antes Repealed:' Tf,any section, ~d to be unconstitutiond[or is,,' subsections and clauses shall o:ordinances in conflict with the fifteen days after INTRODUCED READ'AND ADAPTED on,first reading by a vote of to ~nthe day 2008, ordered published in full in a newspaper of general, oirculati©n in the CitjfoYGU eat Ridge and Public Hearing and consideratYon on final pass„a a set for 2008, at 7:00 o'clock p.m., in th(~Gouncil ChambeFs, 7500/V est 28th Avenue, Wheat Ridge, Colorado. READ, ADOPTED a vote of i8'/111-, . SIGNED by the PUBLISHED on second and final reading by day of 2008. day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript: Effective Date: