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HomeMy WebLinkAbout02/13/2006 6:30 p.m. Pre-Meeting ;\ ~ :'~J~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 13, 2006 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF January 23, 2005 PROCLAMATIONS AND CEREMONIES Metro Mayors and Commissioners Youth Awards CITIZENS' RIGHT TO SPEAK 1 Citizens. who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA Item 1. CONSENT AGENDA: A. RESOLUTION 03-2006 - AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE ESTIP AGREEMENT PAYMENT TO VM RENTALS IN THE AMOUNT OF $6,761 00 B RESOLUTION 04-2006 - AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE ANNUAL SALES TAX INCENTIVE PAYMENT TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY IN THE AMOUNT OF $40,000 00 CITY COUNCIL AGENDA. FEBRUARY 13, 2006 Page -2- C RESOLUTION 05-2006 - AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE REAPPROPRIATION AND REENCUMBERANCE OF 2005 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $2,716,61645 D RESOLUTION 06-2006 - ACCEPTING THE MEMORANDUM OF UNDERSTANDING FOR THE DENVER METRO AUTO THEFT TEAM. E. ALLOCATION OF $40,000 FROM THE 2006 CAPITAL IMPROVEMENT PROGRAM BUDGET TO THE WHEAT RIDGE BUSINESS DISTRICT F Motion to adopt Revised City Council Rules of Order and Procedure (Revised January 2006) ORDINANCES ON FIRST READING Item 2. Item 3. COUNCIL BILL 01-2006 - AN ORDINANCE ENACTING CHAPTER 20 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED STORMWATER QUALITY AND CONTROL. COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED AT 6690 W 44TH AVENUE. (Case No WZ-05-14) (Kasay Abraham) DECISIONS. RESOLUTIONS. AND MOTIONS Item 4. Item 5. Item 6. Wheat Ridge Foundation Vacancy Appointments RESOLUTION 07-2006 - FOR REFERENDUM C ACCOUNTABILITY AND TRANSPORTATION FUNDING Motion approving formation of Budget Oversight Committee CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT (QJni ~ IIm&S CITY OF WHEAT RIDGE, COLORADO January 23. 2006 Mayor DiTullio called the Regular City Council Meeting to order at 7'00 p m Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl, Director of Community Development, Alan White, Police Chief, Dan Brennan, staff; and interested citizens APPROVAL OF MINUTES OF January 9, 2006 Motion by Mrs Sang for approval of the Minutes of January 9, 2006, seconded by Adams, carried 7-0, with Mr Schulz abstaining PROCLAMATIONS AND CEREMONIES Mayor DiTullio congratulated the 6th Grade Essay Contest Winners, sponsored by ADP and the Jefferson Foundation. The winners were the following Guage Rivera, Kullerstrand Alexandra Silvester, Wilmore-Davis Taylor Cole, Prospect Valley Nicole Williams, Vivian Brandon Cary, Pennington Amy Anderson, Stober and Claire Livingston, Maple Grove; tied for First Place. Recess was called at 7 09 P m for a short reception The meeting resumed at 7.25 P m APPROVAL OF AGENDA as printed EXECUTIVE SESSION Motion by Mr Stites to hold an Executive Session for a conference with the City Attorney under Charter Section 5 7 (b) (1) and C R S 24-6-402 (4) (B) specifically concerning threatening litigation regarding the Olinger Property at 7495 W. 29th Avenue He further moved to return to the open meeting at the close of the executive session, seconded by Mr Womble, carried 8-0 CITY COUNCIL MINUTES January 23, 2006 Page -2- Recess called for executive session at 7.25 P m EXECUTIVE SESSION WAS HELD. The open meeting was resumed at 7 58 p m Item 1. CONSENT AGENDA: A. RESOLUTION 01-2006 - APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) AMONG THE CITY OF WHEAT RIDGE, WHEAT RIDGE FIRE DISTRICT AND PRIDEMARK PARAMEDIC SERVICES, LLC FOR EMERGENCY MEDICAL SERVICES FOR THE CITY OF WHEAT RIDGE RESIDENTS B RESOLUTION 02-2006 - DESIGNATING THE OFFICIAL PUBLIC NOTICE LOCATION AND THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY OF WHEAT RIDGE, COLORADO C PAYMENT TO COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY (CIRSA) FOR 2006 WORKERS' COMPENSATION PREMIUM IN THE AMOUNT OF $396,793 AND 2006 PROPERTY/CASUALTY PREMIUM IN THE AMOUNT OF $160,727 Consent Agenda was introduced and read by Mr Schulz. Motion by Mr Schulz to approve the Consent Agenda, seconded by Mrs Sang, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 03-2006 - AN ORDINANCE AMENDING CHAPTERS 22 AND 11 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING TAXATION AND BUSINESS LICENSING Council Bill 03-2006 was introduced on second reading by Councilmember Gokey City Clerk Pam Anderson assigned Ordinance No 1354 Mayor DiTullio opened the public hearing City Sales Tax Auditor, Kathy Franklin, presented the staff report. Mayor DiTullio closed the public hearing Motion by Mr Gokey to amend Section 3 of Council Bill 03-2006 to provide that the amendment to Code Section 22-40 (c) shall become effective January 1, 2007, and as amended I move to approve Council Bill 03-2006 (Ordinance No. 1354) on second reading and that it take effect 15 days after final publication, seconded by Mrs Sang carried 8-0 CITY COUNCIL MINUTES January 23, 2006 Page -3- Item 3. PUBLIC HEARING ON 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION (CDBG) Mayor DiTullio opened the public hearing Item 3 was introduced by Mrs Rotola Ms Anderson read the executive summary Barbara Delgadillo, Assistant to the City Manager, presented the staff report. She updated Council that the County has brought jurisdictional allocation to $336,059 00 Mayor closed the public hearing Motion by Mrs Rotola to award the City's final 2006-2007 Community Development Block Grant (CDBG) jurisdictional allocation for Phase III of the street and pedestrian improvements of an area bounded by 46th Avenue and 1-70, Estes through Carr Streets, seconded by Mr. Schulz; carried 8-0 Item 4. A REQUEST FOR HISTORICAL LANDMARK DESIGNATION FOR PROPERTY ZONED RESIDENTIAL-TWO (R-2) LOCATED AT 7495 W 29TH AVENUE (CASE NO WHL-05-01) PUBLIC HEARING CONTINUED FROM JANUARY 9, 2006 Mayor DiTullio asked that every person intending to speak on this item, including staff, stand up and swear to tell the truth in this matter Alan White, Community Development Director, presented the staff report. He entered into the record an e-mail that was sent to some members of Council Charlotte Whetsel, 8770 W 38th Avenue, updated Council on behalf of the applicant, the Wheat Ridge Historical Society Michael Sheldon, 5290 DTC Parkway, attorney for the property owner, testified in opposition to the application The following people spoke in support of the application Ed Eastman, 2900 Vance Street Marty Cahill, 2600 Quay Street Rolly Sorrentino, 4175 Teller Street Ruth Schultz, 3830 Garrison Street Annette Temorio, 3050 Webster Street CITY COUNCIL MINUTES January 23, 2006 Page -4- Barbara St. John, 3480 Everitt Street, submitted petitions of support. Mary Mills, 2945 Upham Street (also spoke at the previous meeting) Marty Green, 7385 W 28th Avenue Jill Blasco, 3045 Vance, submitted petitions to City Council of mostly people outside of Wheat Ridge Janelle Shaver, 8890 W 35th Avenue, submitted petitions of approximately 145 signatures It was easy to get the petitions and people were eager to sign Their comments included fond memories from many years ago regarding their associations with the property; they asked that Council should preserve the area's landmarks whether or not they are historical landmarks, consider the public good, not just what is in the interest of private enterprise and revenue to the City; a speaker asked all those that supported the application stand, a number of people stood, he also asked that those in opposition stand and there were no individuals that stood, they would like the area to remain the same, the property balances the cemetery beautifully; it would be great to keep 26th Avenue to 32nd Avenue as it is because of traffic; feel that there is an underlying bias for the property owner Council questions and comments followed Claudia Worth, 4650 Oak Street, representing the applicant, was present to answer Councilmembers' questions Mayor DiTullio closed the public hearing Motion by Mr Womble to continue Case No WHL-05-01 for action only at the City Council meeting on February 27, 2006, to enable staff, the applicant and the property owner to discuss options for preservation or re-use of portions of the property, with the consent of the property owner; seconded by Mr Schulz. Mr Gokey made a Substitute Motion to approve Case No WHL-05-01, a nomination for historic landmark designation for the entire property located at 7495 W 29th Avenue, for the following reasons 1 The site is associated with a person prominent in the community in the past. 2 The farmhouse and barn exemplify the broad cultural and social history of the community 3 The farmhouse and barn embody characteristics of an architectural style of the late 19th Century 4 The pergola is a rare example of an architectural type in the community 5 The Historical Society recommends the site be designated as an historical landmark Seconded by Mr Womble, tied 4-4 with Councilmembers Adams, Rotola, Berry and Schulz voting no, failed 5-4 with Mayor DiTullio voting no to break the tie Original motion to continue carried 8-0 CITY COUNCIL MINUTES January 23, 2006 Page -5- Recess called at 9 20 p m The open meeting resumed at 9 33 P m DECISIONS, RESOLUTIONS. AND MOTIONS Item 5. Ratification of Mayoral Appointments. Motion by Mrs Sang to ratify the At Large mayoral appointment of Dean Gokey to the Urban Renewal Authority, term to expire November 2006, seconded by Mr Womble, carried 8-0 ELECTED OFFICIALS' MATTERS Mr Stites referred to the Council Rules of Order and Procedure that had been distributed, the item will be on the Agenda on February 13, 2006 Meeting adjourned at 9 43 P m 1\ -( I Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON February 13, 2006 BY A VOTE OF _ to _ Mike Stites, Council President The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions ITEM NO' l. A, REQUEST FOR CITY COUNCIL ACTION I t~'$~ I [OJ COUNCIL MEETING DATE February 13,2006 TITLE: RESOLUTION 03-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIA nON FOR THE ESTIP AGREEMENT PAYMENT TO VM RENTALS IN THE AMOUNT OF $6,761.00. D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR I ST READING (Date. _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes ~ No , .- __ r .....:J /....'-., > ljV~ j Deputy City Manager City~~?U~ EXECUTIVE SUMMARY: The City entered mto a 50 percent Enhanced Sales Tax Incentive Program (ESTIP) Agreement With VM Rentals on Apn115, 1997 The Agreement includes the properties ofVem's Restaurant, Vem's Liquor and Walgreens located at the comer of 38th Avenue and Wadsworth Boulevard. The Agreement expires after ten years or after $390,000 in enhanced sales taxes have been shared back to VM Rentals, whichever comes tlrst. The 2005 General Fund Budget included $50,000 for the VM Rentals ESTIP Agreement based on the City's 2 percent sales tax rate. The 2005 Budget was proposed before the outcome of the sales tax rate increase initiative was known. Due to the fact that the City's sales tax rate increased to 3 percent, effective January 1,2005, the total share back due to VM Rentals for the 2005 fiscal year was shghtly more than budgeted. Therefore, a supplemental budget appropriatlOn in the amount of$6,761 is required to balance the 2005 Budget. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None AL TERNA TIVES CONSIDERED: None FINANCIAL IMPACT: A supplemental budget appropriatlon IS requested in the amount of$6, 761 There are adequate funds in the General Fund unreserved fund balance to meet this request. Because this is a 50 percent ESTIP Agreement, the City has also received an additional $6,761 In revenues whIch wIll offset this Increase in expendItures. RECOMMENDED MOTION: "1 move to approve ResolutIon 03-2006 A Resolution Amending the Fiscal Year 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget AppropnatlOn for the ESTIP Agreement Payment to VM Rentals in the Amount of $6,761 00 " or, "1 move to postpone llldefinitely Resolution No 03-2006 - A ResolutIOn Amending the Fiscal Year 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget AppropnatIon for the ESTIP Agreement Payment to VM Rentals in the Amount of $6,761.00 for the following reason(s) Report Prepared by' RevIewed by: Patnck Goff, Deputy City Manager Randy Young, CIty Manager Attachments: 1 Resolution 03-2006. 01>0213 YM Rentals Supplemental CAF.doe RESOLUTION 03 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE ESTIP AGREEMENT PAYMENT TO VM RENTALS IN THE AMOUNT OF $6,761.00 WHEREAS, $50,000.00 was Included In the adopted 2005 Budget for the ESTIP Agreement with VM Rentals based on the City's 2 percent sales and use tax rate; and WHEREAS, the City of Wheat Ridge sales and use tax rate increased from 2 percent to 3 percent effectlve January 1, 2005; and WHEREAS, enhanced sales tax for the VM Rental Agreement exceeded the budgeted amount by $6,761.00; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2005 General Fund Budget be amended accordingly, specifically transfernng a total of $6,761.00 from General Fund unreserved fund balance into account #01-105-700-719. DONE AND RESOLVED THIS _ day of February 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 ITEM NO' ~ I REQUEST FOR CITY COUNCIL ACTION {':":''-$~ ~ IU COUNCIL MEETING DATE. February 13,2006 TITLE: RESOLUTION 04-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE ANNUAL SALES TAX INCREMENT PAYMENT TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY IN THE AMOUNT OF $40,000.00 o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi -1 udlcial. o Yes ~ No .1 .- I /i i '} /.1.,...../' -.:./ . - Deputy City Manager ~U9 City Manag , EXECUTIVE SUMMARY: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981 which proVided for the utilization of sales tax increment in the commercial area east of Wadsworth Boulevard, between West 38th Avenue and West 44th Avenue. The City adopted Resolution No 1559 on October 15,1996 to approve the Intergovernmental Agreement (IGA) between the City of Wheat Ridge and the Wheat Ridge Economic Development and Revitalization Commission (ED ARC), now the Wheat Ridge Urban Renewal Authority (WRURA), for the allocation of sales tax Incremental revenue for the Wheat Ridge Town Center The IGA amended the Wheat Ridge Town Center Urban Renewal Plan to: 1) include the new Safeway which moved into the Town Center urban renewal area; 2) set the allocatIOn of sales tax Increment revenue at 50 percent to WRURA and 50 percent to the City; and 3) set the maximum sales tax increment to be utilized by WRURA at $100,000.00 per fiscal year The 2005 General Fund Budget Included $60,00000 for the Wheat Ridge Town Center sales tax increment agreement based on the City's 2 percent sales tax rate. The 2005 Budget was proposed before the outcome of the sales tax rate increase illltiative was known. Due to the fact that the City's sales tax rate mcreased to 3 percent, effectIve January 1, 2005, and because of the success of the Safeway remodel, the total share back due to the WRURA for the 2005 fiscal year reached the $100,000.00 annual cap Therefore, a supplemental budget appropriation in the amount of$40,OOO 00 IS reqUIred to balance the 2005 Budget. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: There have been a confusmg and internally inconsistent pattern of IGA' s between the City and the WRURA on the subject of sales tax Increment shanng from the Town Center urban renewal area. In order to close the financial books for the 2005 fiscal year, the current sales tax increment sharing practice, which has been followed SInce 1995, will be continued. A permanent solution to address the confuslOn and Inconsistencies wIll likely reqUIre a new IGA between the City and the WRURA. Staff will bnng this subject forward m greater detail at a future City CounCIl study session. AL TERNA TIVES CONSIDERED: None FINANCIAL IMPACT: The 2005 General Fund Budget included a proJectlOn of$60,000 00 in sales tax increment revenues from the Town Center urban renewal area. However, because of the sales tax rate increase and the success of the Safeway remodel, the City actually collected approximately $231,184.00 in sales tax Increment revenues. Because this is a 50 percent sales tax increment agreement and there is a $100,000 00 cap on the amount to be utIlized by WRURA, the City WIll still realize an additional $131,184.00 in revenues which will more than offset this Increase in expendItures. A supplemental budget appropnation is requested in the amount of $40,000 00 There are adequate funds In the General Fund unreserved fund balance to meet this request. RECOMMENDED MOTION: "I move to approve Resolution 04-2006 - A ResolutlOn Amending the Fiscal Year 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget AppropriatlOn for the Annual Sales Tax Increment Payment to the Wheat RIdge Urban Renewal Authority In the Amount of $40,000.00 " or, "1 move to postpone indefinitely Resolution 04-2006 - A Resolution Amending the fiscal Year 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget AppropriatlOn for the Annual Sales Tax Increment Payment to the Wheat Ridge Urban Renewal Authority in the Amount of $40,000 00 for the follOWIng reason( s) " Report Prepared by' Reviewed by: PatrIck Goff, Deputy City Manager Alan White, Community Development Director Jerry Dahl, City Attorney Randy Young, City Manager Attachments: I Resolution 04-2006 060213 Town Center Supplemental CAr (2).doc RESOLUTION 04 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE ANNUAL SALES TAX INCENTIVE PAYMENT TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY (WRURA) IN THE AMOUNT OF $40,000.00 WHEREAS, $60,000 was mcluded in the adopted 2005 Budget for the sales tax incentive payment to WRURA based on the City's 2 percent sales and use tax rate; and WHEREAS, the City of Wheat Ridge sales and use tax rate mcreased from 2 percent to 3 percent effective January 1,2005, and WHEREAS, Resolution No. 1559-1996 set the maximum sales tax increment to be utilized by WRURA at $100,000.00; and WHEREAS, sales tax increment revenue exceeded the budgeted amount by $40,000.00 up to the cap of $1 00,000 00; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2005 General Fund Budget be amended accordingly, specifically transferring a total of $40,000.00 from General Fund unreserved fund balance into account #01-105-700-720 DONE AND RESOLVED THIS _ day of February 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 ITEM NO. \. C I REQUEST FOR CITY COUNCIL ACTION t","C$~' nn un ~ COUNCIL MEETING DATE' February 13,2006 TITLE: RESOLUTION 05-2006 - A RESOLUTION AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE REAPPROPRIA nON AND REENCUMBRANCE OF 2005 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $2,716,616.45 o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ~ No ~'-J.a City Man r es- EXECUTIVE SUMMARY: The CIty currently utilizes encumbrance accounting. Encumbrances are financial commitments related to unperformed contracts for good or services. Encumbrance accounting allows encumbered funds to be carried over from year to year, in reserve accounts, until the project is completed Without the reappropriatIon of the funds into the next year's budget. The city's independent audItor has recommended that the city utihze generally accepted accounting principles (GAAP) for its budgetmg baSIS and reappropnate encumbered funds into the next year's budget. To reappropriate encumbered funds into the 2006 Budget, a supplemental budget appropriatIon, adopted by resolution, IS required. There were 35 open purchase orders from 2005 and 11 purchase orders in reserves from previous years that were closed on December 31, 2005. Each purchase order is associated with a speCific project that was not fully completed in the 2005 fiscal year. The funds which wen: encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue these projects in 2006, a supplemental budget appropriation is necessary to transfer these funds mto specific budget line items in the 2006 Budget as detailed in the attached spreadsheets. COMMISSION/BOARD RECOMMENDATION: Swanhorst & Company LLC, the cIty's independent auditor, Illcluded the following note and recommendatIon in their 2004 Audit Management Letter dated March 25, 2005 The City currently utilizes encumbrance accounting. State budget law reqmres the re- appropriatlon of purchase orders and projects for each new budget year While the City is a home-rule city and is not required to follow the State law, current practice throughout Colorado does not include the use of encumbrances. We recommend that the City consider utilizing generally accepted accounting pnnciples (GAAP) for its budgeting basis. This will allow the City to use a single basis of accounting and simplify the budgeting and accounting processes. City Council accepted the 2004 ComprehenSive Annual Financial Report on August 8, 2005 and approved a motion to dIrect staff to implement this recommendatlOn. STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: A supplemental budget appropnation IS requested in the amount of$2,716,616.45. When the purchase orders were closed on December 31, 2005 the funds encumbered for those purchase orders were transferred to the unreserved fund balance in each of the following funds. Therefore, there are adequate funds III the vanous unreserved fund balances to meet this request and there will not be a net negative effect to the unreserved fund balances. The funds will be distributed as follows. A detailed ltst of open purchase orders for 2005 and reserves from previous years IS attached. General Fund Police InvestIgation Fund Capital Investment Fund Open Space Fund Conservation Trust Fund Total $767,11618 $14,149.50 $1,698,605.59 $177,92548 $58,819,70 $2,716,61645 RECOMMENDED MOTION: "I move to approve Resolution 05-2006 - A Resolution Amendmg the Fiscal Year 2006 Budget to Reflect the Approval of a Supplemental Budget AppropriatlOn for the Reappropriation and Reencumbrance 0[2005 Fiscal Year Encumbered Funds III the Amount of$2,716,616.45." or, "1 move to postpone mdefinitely Resolution 05-2006 - A Resolution Amending the Fiscal Year 2006 Budget to Ret1ect the Approval of a Supplemental Budget Appropriation for the Reappropriation and Reencumbrance of 2005 Fiscal Year Encumbered Funds in the Amount of $2,716,616 45 for the following reason(s) Report Prepared by' Reviewed by' Patrick Goff, Deputy City Manager Randy Young, City Manager Attachments: 1 Open Purchase Orders for 2005 2. 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W ,0 1<( :2 (f) I- Z ill :2 >- <( 0- m W o ::) --' u z ATTACHMENT 2 RESOLUTION 05 Series of 2006 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2006 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE REAPPROPRIATION AND REENCUMBRANCE OF 2005 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $2,716,616.45 WHEREAS, the City currently utilizes encumbrance accountmg which allows encumbrances to be carrIed over from year to year; and WHEREAS, the City's independent auditor has recommended that the City utIlize generally accepted accounting principles (GAAP) for Its budgetmg basis which requires all encumbrances to expire at year end, and WHEREAS, 35 open purchase orders from 2005 and 11 purchase orders in reserve accounts from previous years were closed on December 31,2005; and WHEREAS, to continue these projects m 2006 a supplemental budget appropriatlOn is necessary to transfer the funds from unreserved fund balances to specific 2006 Budget line Items, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2006 Budget be amended accordingly, specifically transferring a total of$2,716,616 45 from the following unreserved fund balances to specific 2006 Budget line items as detailed in the attached spreadsheets. General Fund Police Investigation Fund Capital Investment Fund Open Space Fund Conservation Trust Fund Total $767,116 18 $14,149.50 $1,698,605.59 $177,92548 $58,819.70 $2,716,616.45 DONE AND RESOLVED THIS _ day of February 2006. Jerry DiTullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 3 ITEM NO: 1'.])1 REQUEST FOR CITY COUNCIL ACTION '~$~' ccc ~~ ~[un COUNCIL MEETING DATE: February 13,2006 TITLE: RESOLUTION 06-2006 - A RESOLUTION ACCEPTING THE MEMORANDUM OF UNDERSTANDING FOR THE DENVER METRO AUTO THEFT TEAM (DMA TT) o PUBLIC HEARING o BIDS/MOTIONS [g] RESOLUTIONS o ORDINANCES FOR 1ST READING (Date._) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes [g] No City~~~ EXECUTIVE SUMMARY: In 2004, several Denver metro-area law enforcement agencies met to discuss the possibihty of pooling resources to combat the mcreasing problem of auto theft, vehicle insurance fraud and the CrImes relating to automobiles, l.C crimmal trespass. As a result of these discussions, a concept was developed to formalize relatlOnshlps between participating agencies to maximize mter-agency cooperation in the mvestigation ofthese crimes. The Denver Metro Auto Theft Team (DMA TT) was created to assist m the pooling of resources to address these crimes. Operationally DMATT is coordinated through Colorado State Patrol. Money for equipment, services and overtime for the operation of the team has been donated by several area insurance companies. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The CrImes of auto theft, vehicle insurance fraud and CrIminal trespass to automobiles is mcreasing at an alarmmg rate. The sophistication of these criminals is mcreasing as well. The financial and personnel resources of every metropohtan law enforcement agency has been taxed beyond their abihty to combat these problems alone The criminals steahng automobiles and committing criminal trespasses to automobiles in Wheat Ridge are also committing these CrImes in other jurisdictIons in the metro-arca. DMA TT offers the Wheat Ridge Police Department the opportunity to call upon other resources to thoroughly investlgate organized groups, repeat offenders and those mdividuals, groups or orgamzations that benefit from or support this type of cnminal activIty By establishmg a team of inveshgators we can be more effective and proactive in addressing these cnmes. The Wheat Ridge Police Department is only obliged to provide manpower when the opportunity allows us to do so The department would be responsible for the cost of any investigator(s) salary mcurred dunng the inveshgation. By partIcipating in the DMA TT, the department could request assistance from several agencies for experienced mvestigators, allowing manpower Intensive operahons such as surveillances or extensIve searches to be accomplished. AL TERNA TIVES CONSIDERED: 1 Contmue to respond to these criminal activities using our hmited personnel and finanCIal resources. 2. Become a partIcipating member of the Denver Metro Auto Theft Team. FINANCIAL IMPACT: The finanCIal impacts to the Wheat Ridge Pohce department are mlmmal. We would be reqUIred to pay the salary or overtIme costs for our personnel. Overtime is approved by a supervIsor m advance RECOMMENDED MOTION: "I move to Approve Resolution 06-2006 - A Resolution Accepting the Memorandum of Understanding for the Denver Metro Auto Theft Team (DMATT)" or, "I move to postpone indefimtely Resolution 06-2006 - A Resolution Accepting the Memorandum of Understanding for the Denver Metro Auto Theft Team (DMA TT) for the following reason(s) Initiated by' Report Prepared by' ChIef Damel G Brennan Sergeant Kevin Armstrong Attachments: 1 Denver Metro Auto Theft Team Memorandum of Understanding 2. Resoluhon 06-2006 060213 OMAn Council Action form (2).doc MEMORANDUM of UNDERSTANDING Denver Metro Auto Theft Team (Revised. 1/19/05) This Memorandum of Understandmg (MOU) is entered mto by the Sheriffs, Chiefs or Law Enforcement Agency Director (or then designees) of the agencies who subsequently agree to the terms of this MOU. Purpose: The purpose of this Memorandum of Understanding is to outlllle the overall mission of the Denver Metro Auto Theft Team (DMATT) and delineate the responsibihties between the participating member agencies listed above and any additional agencies that have agreed to this MOU This MOU will formalize relationshIp between partlclpatmg agencies for pohcy gUidance, planning, training, public relations and media relatlons in order to maximize mter-agency cooperation. This will also create a coheSive unit capable of addressing the emerging organized auto theft problem facing Colorado Law Enforcement agencies statewide. Each participatmg agency agrees that ItS law enforcement personnel and/or its equipment may be used m conductmg overt and covert mvestigations lllvolving organized- or multiple-motor vehicle thefts, chop shops and fencing of stolen motor vehicles and/or motor vehicles parts. This Memorandum of Understandmg provides functlOns or services, including the sharing of services or functions by political subdivisions of the State of Colorado, specifically authorized by CRS 29-1-203 (2004). In addition this MOU sets forth the intent of the signatories to participate hereto in this orgamzation (DMA TT) This MOU is not a legally binding document and is not intended to confer remedies on any party in the event of its breach. Mission: The mission of the Denver Metro Auto Theft Team is to combat auto thefts and vehicle msurance fraud. ThIS will be accomplished by thoroughly mvestlgating organized groups, repeat offenders and those individuals, groups and or organizations that benefit from or support this type of cnmmal actiVity . DMA TT will work closely with prosecutors in preparing cases m which the Colorado Organized Crime Control Act (COCCA), If appropnate, can be implemented. . DMA TT will be proactive in the use of "stmg" operations, bait vehicles and mformants to penetrate orgamzed groups of auto thieves. ATTACHMENT 1 · DMATT will also be proactive by enforcing the "Dally Business Record" statute for tow compames, auto salvage yards and auto repair busmesses. . DMATT, upon request, will assist member agencies with large, and/or organized multi-Junsdlctional auto theft related investigations. . DMATT will participate with other Federal, State or Local Law Enforcement Task Forces that request our assistance on auto theft related Issues. . DMA TT will work closely with the Colorado Auto Theft Investigators (CA TI) organization to educate the public and provide introductory and advanced auto theft trainmg to other Law Enforcement agenCies. Participation: Initially, It is anticipated that for at least the first year the DMA TT wIll be a part-tIme organizatIon designed to faclhtate complex vehicle Crime investIgatIOns. It is not mtended to be a full-time task force, requiring assignment of personnel at this time. DMATT will be actIvated when a member agency has a multi-junsdlctlOnal auto theft mvestigation and reqUires additIOnal manpower to properly investigate the case. Agencies requesting activatIon of DMA TT must be able to assign a minimum of one Investigator or Detective to participatc in Team operatlOns and that member agency's personnel will serve as case agent and may makc available a co-supervisor for the Team for the purpose of operational plan review and field supervIsion during search and arrest warrant executIOn WIthin that JunsdictlOn. Agency heads or designees are mVlted to quarterly briefings from the Project Director Such briefings wIll also scrve as a forum to address any issues of mutual concern to the participating agencies. Composition: DMA TT will consist of a combmed law enforcement body from the agreeing agenCIes with the Colorado State Patrol as the lead agency In additlOn, any addItional particlpatmg agency that subsequently agrees to the terms of thiS MOU will support DMATT Each partlcipatmg agency agrees to provide manpower to allow DMATT to accomphsh ItS mIssion. Speclfic control of Team members shall be retained by the respectIve partiClpatlllg agency heads or designee, who will be kept lllformed of all investIgative developments by their respective subordinates. The primary DMA TT supervisor WIll be the CSP Sergeant or other designated ofticer as aSSigned by the Colorado State Patrol to supervise the Team. Liability: Each particlpatmg agency acknowledges that applicable Colorado State laws govern hability for negligent or wrongful acts or omiSSIOns committed by its employees while they are partiCipating as a member of DMA TT. Liability for negligent acts or omissions 2 are the sole responsiblhty of each of the particlpatmg agencies or employees and none of the agencies or employees waive the benefits or obhgations of the Colorado Governmental Immumty Act; C.R.S. 24-10-101. Participating agencies and individual team members agree they will not be responsible or liable for acts performed by personnel of other member agencies while performing DMA IT activitIes. Each participatmg agency will be provided with a copy of the Operational Guidelmes for the Team. Each Team member will be required to follow the rules and regulations of their parent agencies unless Team guidelmes arc more strict. Each participating member remains an employee of their parent agency and each agency is responsible for salary, worker's compensation, and other benefits atforded their agency members. Salary/Overtime: The Colorado State Patrol wIll issue purchase orders that authorize the reimbursement of overtime incurred in furtherance ofteam objectives as outlined in the Denver Metro Auto Theft Team OperatIOnal Guidelines. Assignment of Cases: All cases assigned or developed by the Team will be jointly mvestlgated by the DMA TT Thc development of teams wIthin the DMA TT may be necessary to effectively accomplish the miSSIOn. Such teams will consist of a Team member from the requestmg agency and a Colorado State Patrol Investigator and any additional detectives as needed. It is agreed that umlatcral actIOns on the part of one agency will not be under-taken, as such actlOns run contrary to the multi-jurisdictional spint if the Colorado Auto Theft Prevention Authonty (CATPA) legislatlOn. All law enforcement actions will be coordinated and cooperatively carried out. Use of Rocky Mountain High Intensity Drug Tratlickmg Area (RMHIDT A) Watch Center is mandatory for DMA TT operatIOns to aVOId conflicts with another agency or task force operation. Records: All Team investigative records will be maintained in a secure 10catlOn by the imtiatmg agency. Copies of all documents generated by the Team With respect to a Team investigation shall be provided to DMA TT unless prohibited by that agency's regulations, and/or applicable State or Federal law. Classified informatIOn and/or documents contaimng mformation that Identities or tends to Identify a DMA TT informant shall be maintained by the initiating agency in accordance with that agency's policies regarding intelligence and contidentiallllformant handling. 3 Prosecutions: The detective. supervisor, appropriate dIstrict attorney and the Colorado Attorney General Office will make a determinatIOn, on a case-by-case basIs, whether the filing of a speCific Team investigatlOn should be filed with the District Attorney or the State Attorney General's Office The determmation wIll be made at the earl1est possible time based on the eVidence obtained and a consideration of whIch level of prosecution would be of the greatest benefit to the overall objectives of the Team. Incidents involving Team Members: Should a Team member be mvolved m a "critical inCident" (deadly force encounter) relatmg to and m the scope of Team duties, estabhshed cntical mCldent teams wIll be utIlized. InvestIgation of critIcal mcidents that occur in areas without a critIcal inCIdent tcam will be investlgatcd by the agency having Junsdlction. Investigative assistance may be requested from the Colorado Bureau of InvestIgations as needed. The agency of the member mvolved m the incident will be responsible for conductmg their own internal mvestigation. Should Team members from more than one agency bccome mvolved in an mcident, partIcipatmg agencies in this MOU agree to conduct independent investigations unless It is determined by the appropnate supervisor that a jomt mvcstIgatIon would be m the bcst mterest of the agencies involved. Any critIcal inCident mvolvmg the use of deadly force occurring in the City & County of Denver will be investigated under the directIOn of the Crimes Against Persons Bureau undcr the most recent verSlOn of the guidelmes set forth in the Denver Pohce Department's OperatlOns Manual. However, If It is agreed that the agencies involved m an incident Will conduct their own mvestIgation, It is agreed that each agency will conduct their respective investigatIOn in a manner that doesn't intcrfere with or hamper the mvestIgation(s) of other agency(s) The Denver Metro Auto Theft Team permanent supervisor w1l1 notify the parent agency supervisor many mstance of a complamt against a Team member ansing from Team duties. Thc parent agency IS solely responsible for admimstratIve investigatIOns and complaint resoluhon for their employee and any disclplmary or correctIve action will be the prerogative of the team member's agency Investigative Methods: The ma.lonty of the Team cases will be prosecuted on the State level. Therefore, the participants of the Team agree to conform to State standards concernIng the collectIOn, processmg and storage of eVidence and electronic surveillance. In addihon, the use of other mvestIgative methods (search warrant, intercepts of oral communication, etc...) and reportmg procedures in connection therewith w1l1 be conSistent with the policy and procedures of the State of Colorado and each participating agency Evidence will be maintained and processed by the mitiating agency under that agency's established guidelines. 4 Undercover Operations: All Team operations will be conducted and reviewed m accordance with Team guidelines and applicable State and Federal laws. Informants: Informant handhng and documentation wIll be conducted III accordance with the Imtiating agency's policy. Informants will need to be registered wIth DMA TT and obtain a DMA TT number for tracklllg purposes. No documents will be prepared or disseminated outside the Team that would identify or tend to identify a Team Illformant. When possible, the informant will be referred to by a code name or number so as not to reveal his/her identity. If any information on a confidential informant (CI) becomes the subject of a discovery motion or court order III any State, Federal or Local proceedmg, all participating agencies agree that they will notify each other prior to disclosure. Each agency will attempt to protect the mterest of the other participating agencies III addition to its own mterests and those of the CI. Each agency's designated supervisor will oversee all aspects of Illformant development, control and management in furtherance of the Team mvestigations. Vehicles: All participating agencies agree to supply their Team members with a vehicle for use by their employee. All vehicles assigned to a Team member, except m emergency, will be driven by that agency's personnel. Expenses related to the operation of that agency vehicle shall be the responsibility of that agency Property: Property and eqUipment of the Team WIll be properly maintained and cared for by members. Any eqUipment on loan to the Team, by a participatmg agency, that is damaged while in use dunng a Team operation will be repaued or replaced at Team expense Media Relations: The DMA TT commander or his /her designee has the responsibility to coordinate the release of information to the news media and to the pubhc through the Public Information Otlicer of the involved Jurisdiction and the Colorado State Patrol Public Affairs Section. Media inquiries made to individual participating agencies shall be referred to the DMATT commander At major crime scenes or following major mCldents, the DMATT commander or designee WIll coordmate With the Public InformatlOn Officer of the Junsdlction(s) involved to ensure appropriate and accurate news releases are made. The 5 DMA TT commander or designee will ensure that each member agency receives equal public recogmtlOn for pubhcized Team operations. Duration: The term of this MOU is for the duratlOn of the Team's operation. Any participating agency may withdraw from the Team at any time by written notification to the Team commander at least 30 days pnor to withdrawal. Upon termination of the MOU, all eqUipment provided by the DMA TT will be returned to the Team. Modification: This agreement may be modI tied at any tIme by written consent of all partiCipating agenCles through the Team Commander ModificatIOns to this MOU shall have no force and effect unless such modificatlons are reduced to wrltmg and signed by an authorized representative of each partlcipatmg agency Forfeitures: The agency tilmg the cnminal case will be responsible for processmg assets seized for forfeiture m conjunction With Team operations. Asset forfeitures Will be conductcd in accordance with rules and regulatlOn set forth by the Fedcral government or the State of Colorado and DMA TT Operational GUidelines. Participatmg agencies agree that any rccoverable forfeiture, attnbutable to a Team investigation, will be donated to the Colorado Auto Theft Prevention Authonty under thc gUidelines established m C .R.S. 42- 5-112 (4)(a). Organization: The Team Commander will assure that DMA TT has the equipment, traming and support necessary to carry out its misslOn. The Project Director WIll be the authorized signer for Issues related to the DMA TT organization and operation. The permanent Team Supervisor (CSP Sergeant) will have field supervisory responsibIlity of all team members dunng DMA TT actlvitIes and will ensure that DMATT OperatIOnal Guidelines are followed. The Colorado Attorney Gencral Office will serve as legal adVisor to DMA TT 6 Participatin~ Agency signature(s) By signing this Memorandum of Understandmg your agency agrees to conditlOns set forth m the memorandum and the Operational Guidelines for the Denver Metro Auto Theft Team. Agency- Date- I 12005 Please print Agency Name Name- Authorized Signature Colonel Mark V Trostel Chief-Colorado State Patrol 7 RESOLUTION 04 Series of 2006 TITLE: A RESOLUTION ACCEPTING THE MEMORANDUM OF UNDERST ANDING FOR THE DENVER METRO AUTO THEFT TEAM WHEREAS, the Wheat Ridge Police Department will work III partnership with other metropolitan area law enforcement agencies to combat auto theft and criminal trespasses by signing the Memorandum of Understanding; WHEREAS, the mission of the Denver Metro Auto Theft Team is to reduce the incidents of auto theft, vehicle msurance fraud and criminal trespasses in the metro-area, benefitmg the citizens of Wheat Ridge; WHEREAS, the Wheat Ridge Police Department will engage in proactive enforcement with other law enforcement agencies to reduce the number of auto thefts, vehIcle insurance fraud and CrIminal trespasses, and WHEREAS, the only financial impact to the City of Wheat Ridge is the salary and overtime costs for our employees. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The Wheat Ridge Police Department will become an active member of the Denver Metro Auto Theft Team. DONE AND RESOLVED THIS 13lH DAY OF FEBRUARY 2006 Jerry Ditullio, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 2 ITEM NO' ~, REQUEST FOR CITY COUNCIL ACTION ~~~~ ~$~' ru COUNCIL MEETING DATE. February 13, 2006 TITLE: ALLOCATION OF $40,000 FROM THE 2005 CAPITAL IMPROVEMENT PROGRAM BUDGET TO THE WHEAT RIDGE BUSINESS DISTRICT o PUBLIC HEARING IZl BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi -J udicial o Yes IZl No City~~ EXECUTIVE SUMMARY: The 38th Avenue Business District Board of Directors was appomted at the August 12,2002 City CouncIl meetmg. At that same meeting, the allocahon of $93,500 from the Capital Investment Program (CIP) unallocated fund balance to the 38th Avenue Busmess District was approved. 2003, 2004 and 2005 funding in the amount of$40,000 each year was allocated from the CIP budget to the 38th Avenue Busllless Dlstnct. In 2005 the 38th Avenue Business District changed Its name to the Wheat Ridge Business District. The CIP budget approved dunng the 2006 budget process allocates $40,000 from the CIP budget account 30-610-700-721 to the Wheat Ridge Business Distnct. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMPACT: The $40,000 was approved during the 2006 budget process m the CIP budget, account 30-610-700- 721 RECOMMENDED MOTION: "! move to allocatc $40,000 from CIP account 30-610-700-721 to the Wheat Rldgc Business District. or, "I move to deny the allocatton of $40,000 from CIP account 30-61 0-700-72! to thc Whcat Rldgc Busmess Dlstnct for the followmg reason( s) Rcport Prepared by' Debbic Mcixncr, Executive Assistant Attachments: 1 Capital Investment Program Descnptton On0213 council action WR bus district.doc ~ Capitallnve.stment Program PARKS AND RECREATION CAPITAL PROJECTS 1. Parking Lots and Drives Improvements 2006 Budget. $80,000 Description: The Anderson Park parkmg lots will be repaired. Justification: The parking lots are deteriorated and require mamtenance. 1. ECONOMIC DEVELOPMENT Wheat Ridge Business District 2006 Budgct: $40,000 Description: Financial assIstance for the operation of the Wheat Ridge BUSllless District. Justification: Assist in the revltahzation ofthe commercial sections ofthe City 1. MUNICIPAL CAPITAL PROJECTS City Hall Improvements 2006 Budgct: $395,000 Dcscription: The HVAC hot water system is scheduled for replacement in the last phase of the HV AC replacement project. AdditIOnal Pohce Communications Bureau improvements to the radiO system and independentAC UllltS are programmed. Approximately one halfofthe City Hall dnveway and parking lots will be reconstructed. Security upgrades to the bUlldmg will also be mstalled. AdditIOnal undctcnmncd maintcnancc projects will be addressed as determined. Justification: The heatlllg and air condltlOnmg system at City Hall is essentially the origmal equipment installed when the buildlllg was constructed. The controls for the equipment were replaced as a 2004 CIP project as phase I of a HVAC replacement plan. In 2005, Phase 2 consisted ofreplacing the chilled water system. The final phase of the project will replace the hot water heatmg equipment. An evaluatlon of the mechalllcal and electncal systems associated WIth the Police CommUlllcatlOns Bureau was conducted m 2003. The priority Improvements were constructed m 2005 The remaining items are scheduled for completion in 2006 The dnveway and parkmg lots were evaluated III 2004 and found to have substantial damage and inadequate dram age and subgrades. Replacement ofthe pavement and addition of storm drams IS proposed m phases over two years. 2. GIS Updates 2006 Budget: $200,000 Description: A GIS base map WIll be developed. The street nghts-or-way layer will also be created in phase I Justification: There IS great need to develop a GIS for use by all departmcnts m thc City The GIS will be a valuable aid m advancing work and responding to requests for informatIOn from thc public. ATTACHMENT 1 201 ITEM NO. J, F. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 13, 2006 ~14 TITLE: MOTION TO ADOPT REVISED CITY COUNCIL RULES OF ORDER AND PROCEDURE (Revised January 2006) D PUBUC HEARING [8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date' _) D ORDINANCES FOR 2ND READING Quasi-Judicial D Yes [gJ No ~,~, ~~ Ity CIeri( C"y~1- EXECUTIVE SUMMARY: At the December 19, 2005 Study Session, the CITY COUNCIL RULES OF ORDER AND PROCEDURE were discussed, and City Council proposed several amendments for revision. A draft copy ofthe CITY COUNCIL RULES OF ORDER AND PROCEDURE (Revised, January 2006) is attached. The draft Rules were submitted by CouncIl President Stites at the January 23,2006 Regular CIty Council Meeting. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: According to current City CouncIl Rules, the Rules "wIll be reviewed by Council within three months of an election or filhng ofa vacancy ofMember(s) of Council The rules may also be reviewed upon request of any member of Council." The Rules may be amended, or newly revised Rules adopted, by a majority vote of City Council Members provided that the proposed draft has been submitted in writing at a preceding meetmg. ALTERNATIVES CONSIDERED: Amend the document or deny the adoption of the current draft. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to adopt the CITY COUNCIL RULES OF ORDER AND PROCEDURE, Revised January 2006 ,- or, "I move to deny the adoption of the CITY COUNCIL RULES OF ORDER AND PROCEDURE for the followmg reasons " Attachments: I. CITY COUNCIL RULES OF ORDER AND PROCEDURE, Revised January 2006. Report Prepared by. Reviewed by. Pam Anderson, City Clerk Randy Young, City Manager RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO Revised January 2006 AUTHORITY: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner provided by these rules GENERAL RULES A. ABSENCE FROM MEETINGS: In the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting why said Council Member is absent. B. RIGHT OF THE FLOOR: 1 The presiding officer must first recognize each Council Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question 2 Speakers shall confine themselves to the question under discussion All discussion must be germane to the agenda item 3 Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote 4 Each Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item Answers to questions will be included in the time and the time will not be cumulative Before a vote, each Council Member shall have an additional three (3) minute period to make a summation 5 No Council Member shall be allowed to speak more than once upon any one agenda item until every other member choosing to speak thereon shall have spoken 6 Once a vote has been taken, there shall be no further discussion on that motion or Agenda Item unless a motion to reconsider is adopted ATTACHMENT 1 7 In the event of an amendment, the maker of the amendment shall have one (1)- three (3) minute period to make the amendment and speak to the amendment. All other members of Council shall have one (1)- two (2)- minute period to speak to the amendment. C. ELECTED OFFICIALS' MATTERS: This is the time that elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law E. CITY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes F. PARLIAMENTARIAN: 1 The City Council President shall also function as the Council Parliamentarian 2 The Parliamentarian shall advise the Chair and members of Council on parliamentary rules TYPES OF MEETINGS A. BUSINESS MEETINGS: 1 The Council meets in the Municipal Building for Business, Study, Adjourned, and Special Meetings, unless otherwise specified 2 Council Business Meetings are held the second and fourth Mondays of each month at 7.00 PM unless otherwise specified 3 Study Sessions are the first (1st) and third (3rd) Monday of each month at 630 pm., unless otherwise specified 4 Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted Consensus votes during all Study Sessions are non-binding, and unless the issue is 2 disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session B. SPECIAL MEETINGS AND EMERGENCY MEETINGS: Special meetings are called by the City Clerk on written request (Charter-Sec. 5.2) C. ADJOURNED MEETINGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business Meeting D. EXECUTIVE SESSIONS: 1 The Council may meet in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter-Sec 5 7) 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney 3 If at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated Upon consensus vote of Council Members present, the session shall be terminated E. INFORMAL MEETINGS: 1 Five (5) or more members of Council may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk, at least 72 hours before the meeting b) The City Clerk is responsible for the posting of the Meeting 2. Any THREE or FOUR Council Members may attend informal meetings held for the purpose of acquiring information and discussing topics. SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE TAKEN 3 3 Meetings involving no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule F 4 In no event, shall any vote or other action or decision be taken This Rule (E) (4) shall not apply to standing Council Committees 5 All Meetings shall be open to members of the public and the press F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1 The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitations, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with whom the City has a relationship 2 Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq , C R.S 3 Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule F CHAIRMAN. MAYOR PRO-TEM, COUNCIL PRESIDENT AND THEIR DUTIES A. CHAIRMAN: 1 The Mayor shall preside over the meetings of the Council. 2. In the absence of the Mayor, the Mayor Pro-Tem shall preside In the absence of both the Mayor and the Mayor pro-Tem, the Council President shall preside B. MAYOR PRO-TEM 1 At the first or second business meeting in November of each year, the Council shall nominate, by paper ballot, and elect, by motion upon a majority vote, a Council President and a Mayor Pro Tem, who shall serve until their successor is elected 4 2. If presiding, the Mayor Pro-Tem shall have the voting privileges of a regular Council Member C. COUNCIL PRESIDENT: 1 The Council President shall be elected at the same meeting as the Mayor Pro-Tem and in the same manner as the Mayor Pro- Tem 2. The Council President's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings The Council president shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council Members 3 In the absence of the Council President, the Mayor Pro-Tem shall review the Agenda 4 The Council President shall arrange for, and coordinate the orientation of all newly elected officials within two months after the election D. PRESERVATION OF ORDER: The Chairman shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the majority opinion may be expressed and that the majority be allowed to rule E. POINT OF ORDER: The Chairman shall determine all Points of Order, subject to the rights of any Council Member to appeal to the Council ORDER OF BUSINESS AND THE AGENDA A. ORDER OF BUSINESS The general rule as to the Order of Business in regular Council Business Meetings is stated thus CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 5 PROCLAMATIONS AND CEREMONIES CITIZENS RIGHT TO SPEAK APPROVAL OF AGENDA CONSENT AGENDA PUBLIC HEARINGS, ORDINANCES ON 2ND READING, FINAL SITE PLANS ORDINANCES ON 1ST READING DECISIONS, RESOLUTIONS, AND MOTIONS COMMITTEE REPORTS CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS EXECUTIVE SESSION (AS NEEDED) ADJOURNMENT B. AGENDA 1 The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2 For good cause shown, and by majority vote of the City Council during any City Council meeting, the order of business for that meeting may be changed The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda" 3 Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5.00 P m on the THURSDAY prior to the Monday of Council Meetings In the event of a holiday, the material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting 4 The City Clerk's Office shall be notified of the sequence of the Agenda items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5.00 P m on that day in order to be included in the Council packet. 5 ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE INCLUDED IN THE AGENDA. 6 If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to the subject or arrange for that 6 backup material to be prepared No item may be included in the Agenda without proper backup 7 A majority vote of City Council Members present may also add or delete an item from the agenda at the beginning of the Council Meeting In Business Meetings, this must be done before Public Hearings and Second Readings 8 The first option of introducing Agenda items at a Council Meeting shall go to a representative of the Council District to which the Agenda item pertains. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting C. AGENDA ITEMS Each Council Member shall be allowed to originate only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 1 Standing Council committees may place items on council Agendas for further action or discussion 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes 3 City Council Meeting (either by Council Members or City Manager) These items can be requested for scheduling under the elected officials portion of the agenda. 4 City Manager - administrative and operational items D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or in opposition to a particular Agenda Item The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time 7 E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/2nd Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing Therefore, public comment and staff presentations will occur only during the Public Hearing/2nd Reading First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/2nd Reading Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and Proceed F. TIME OF ADJOURNMENT At 11.00 PM., the City Council shall complete action on the Agenda item then under discussion and shall adjourn the meeting Prior to such adjournment, the Council may take any or all of the following actions 1. Acting by % majority vote, complete all or portions of the remaining Agenda 2 Acting by a majority vote, schedule any unfinished items for future regular Council Business Meeting 3 Acting by majority vote, continue the meeting to a later date and time certain ORDINANCES. RESOLUTIONS. AND MOTIONS A. RECONSIDERATON: 1 A motion to reconsider can be made only by a Council Member originally voting with the prevailing side 2 Such motions shall be made only at that or the next regularly scheduled Council Business Meeting A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration 3 If not reconsidered at that time, the issue cannot be placed on any agenda for six (6) months 4 A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 5 A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR RECONSIDERATION 8 B. CITY ATTORNEY TO APPROVE: All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney CITIZENS' RIGHTS A. CITIZENS' RIGHT TO SPEAK: 1. Any person may speak for a maximum of three (3) minutes on any item other than Agenda items 2. Speakers must sign the Public Comment Roster 3 Citizens Right to Speak shall always precede all other official business except Call to Order, Pledge of Allegiance, Roll Call, Approval of Minutes and proclamations or Ceremonies 4 There shall be no restriction on the number of citizens who wish to speak. 5 The content of any speaker's comments cannot be censored 6 Persons in attendance shall be allowed to donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has 7 The Chair will entertain no written comments unless a member of the public is present to read them into the record A Council Member may read written comments into the record with the approval of the majority of the Council present. B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS: Any person desiring to speak on an agenda item must sign the appropriate roster in Council Chambers and confine their remarks to the relative item. There shall be no time limit applied. C WRITTEN COMMUNICATIONS: All written communications to Council must be signed. If not signed, the written communications may not be accepted SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION OF RULES: Any provision of these Rules not governed by City Charter or Code of Laws may be temporarily suspended by a three- quarters (3/4) majority vote of Council Members present. 9 B. AMENDMENT OF RULES: These Rules may be amended, or new Rules adopted by a majority vote of Council Members, provided that the proposed amendments or new Rules shall have been submitted in writing to Council at a preceding meeting C. REVIEW: These Rules will be reviewed by Council within three months of an election or filling of a vacancy of Member(s) of Council. Council may review these Rules at any time upon request of any member of Council APPROPRIATIONS Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or Elected Officials' Matters. 10 ITEM NO: Q,l REQUEST FOR CITY COUNCIL ACTION ~ L\.; II\, ccc "ii>- ~-u:;.. COUNCIL MEETING DATE. Febuary 13,2006 TITLE: COUNCIL BILL 01-2006 - AN ORDINANCE ENACTING CHAPTER 20 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED STORMW A TER QUALITY AND CONTROL D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS l:8J ORDINANCES FOR 1ST READING (Date January 9. 2006) D ORDINANCES FOR 2ND READING QuasI-Judicial D c,~~ EXECUTIVE SUMMARY: StafThas developed a stormwater quality and control ordinance III compliance with the City's Colorado Stormwater Discharge Permit. The ordinance enables the City to effectively manage vanous stormwater discharges, as required by the State permit. The ordinance has been developed from a model ordinance and ordinances in place III adjacent mumcipalities. The Mayor and City Council provided input and direction concerning the ordinance at Study Sessions on December 19,2005 and January 17, 2006 The current draft of the ordinance Incorporates changes requested at the study sessions. The ordinance has also been reviewed, amended and approved by the City Attorney COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The Environmental Protection Agency cstablished the NatlOnal Pollutant Discharge Elimination System in 1987 to Implement the Clean Water Act. The City of Wheat Ridge was required to obtain a State of Colorado Stormwater Discharge Permit from the Colorado Department of Health in compliance with the Federal law The permit required the City to establish a Stormwater Management Program to. I. Implement a storm water quality mangement program and means of enforcement. 2. Track progress toward goals. 3. Report on program progress. The penmt requires the City to address SIX areas as follow: I Public Education. 2. Public lnvolement. 3 Illicit Discharge Detection and Elimmation. 4 Construction Site Runoff Management. 5 Post- Construction Storm Water Mangement. 6. Good Housekeeping and PolutlOn Prevention. Specifically, the City must establish a means to enforce mmlmum control measures in areas 3, 4 and 5. Thc proposed ordinance will implement the Federal reqUirements as outhned in the City's State permit. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: No additional budgetary Impact is anticipated from the estabhshment of the proposed ordinance, as the activIties reqUired m the ordmance were anticipated as the City's Stormwater Management Program was developed. The management ofthe Program and enforcement of the proposed ordinance will be performed by current staff There should be no additional financial Impact to reSidents by adoption of the proposed stormwater enforcement ordinance. The ordinance provides for local enforcement of State and Federal regulations currently admmistered by the Colorado Department of Health. RECOMMENDED MOTION: "1 move to approve Council Bill 01-2006, An Ordinance Enactmg Chapter 20 of the Wheat Ridge Code of Laws, Entitled Stormwater Quality and Control on first reading, order it pubhshed, pubhc hearing set for Monday, August) 3,2006 at 7:00 p.m. m CIty Council Chambers, and that it take effect 15 days after final pubhcatIon." \ ~ or, ;-...... """"":'~'"""'> "I move to table indefinitely Council Bill 0 1-2006, An Ordinance Enacting Chapter 20 of the Wheat Ridge Code of Laws, Entitled Storm water Quality and Control on first readmg, for the following reason(s) ,. Report Imtiated by. Report Prepared by. Steve Nguyen, Engineering Manager Tim Paranto, Director ofPubhc Works Attachments: I Outreach Report 2. Council Bill 01-2006 060213 FINAL CAF Stormwatcr Enforcement Ordinance 2.13-6.doc City of Wheat Ridge Municipal Separate Storm Sewer System (MS4) Outreach Program- First half of 2006 .:t ~4 ~.~( , \ \ _;:., '0 i-'," I , ""N, , City of Wheat Ridge "" Stormwater Management Program City of Wheat Ridge Stormwater Phase II State Permit Cert. No. COR-090015 ATTACHMENT 1 ': ': I ~ It;' I;; j 1 c ~ '. iiii -~......... City of Wheat Ridge Stormwater Management Program Section Page TABLE OF CONTENTS 2 1- PUBLIC DISPLAYS AND INFORMATION 3 2- PUBLIC PRESENTATIONS 4 3- PUBLIC OUTREACH 5 4- PUBLIC DISCUSSION 7 , " , 2 ~ iiii ----~ - City of Wheat Ridge Stormwater Management Program L Public Displays and Information MEASURABLE GOAL ACTIONS STATUS 1 Stormwater Posters - Print stormwater education posters Posters printed and post at the following locations and laminated. Kiosks along Clear Creek Trail at. Complete - Johnson Park - Anderson Park - Miller Trailhead - Prospect Park - Youngfield Trailhead \--- 2 Stormwater Display in Develop and Post ordinance Permission Wheat Ridge Library informative display on Stormwater gained from ordinance- Rotate Locations- this Library Post location in Mav May 1-31 3 Stormwater Display in Develop and Post ordinance Permission Wheat Ridge Senior informative display on Stormwater gained from Center ordinance - Rotate Locations- this Senior Center location in April Post April 1-30 4 Stormwater Display in Develop and Post ordinance Permission Wheat Ridge Recreation informative display on Stormwater gained from Center ordinance - Rotate Locations- this Rec Center location in March Post Mar 1-31 5 Stormwater Sanner Design, print, and hang a simple Discussed with Displayed over 44th banner message (rotating message) WR Avenue over a 3 month period. Operations. Post 3/1-5/31 6 Stormwater Display in Develop and post separate Spoke with Wheat Ridge Parks and stormwater ordinance informative Parks Open Space office display to supplement existing regarding a displays display Post 3/1-5/31 7 Web Site- Stormwater Update Public Worksl Stormwater Target Date for Page Updated web page to include discussions on completion proposed ordinance. Feb 28th 8 Newsletter Article Stormwaterl Stormwater Ordinance Article to be related article in Wheat Ridge submitted Feb Connection in MarchI April & Mayl 3rd for MarchI Julv Editions April Edition "i., '. I> ! 1 I " 3 ~ ~~~~ -~........ City of Wheat Ridge Stormwater Management Program II. Public Presentations MEASURABLE GOAL ACTIONS STATUS 1 Presentation to Wheat Ridge Rotary Club 2. Presentation to Wilmore-Davis Middle School 3 Wheat Ridge Senior Advisory Committee 4. Enterprise Wheat Ridge 5 Visit WR Businesses Present to a group of approx. 25 members - A general discussion on stormwater management and the proposed stormwater program & Ordinance including FAQ Present to 150 sixth grade students. Topics include. 1 Non point Source Pollution 2. The city's storm sewer system 3 "After the Storm" video 4 Enviroscape" display Handouts include 1 "Handling Household Waste" 2. Stormwater - "solution to pollution" 3 "10 things you can do" bookmark 4 H20 Joe Lunch sack Present to a group of about 25 members - A general discussion on stormwater management and the proposed stormwater program & Ordinance including FAQ Present to this professional organization- A general discussion on stormwater management and the proposed stormwater program & Ordinance including FAQ Visit WR Businesses as time permits to discuss Stormwater Program & Ordinance Distribute Informational brochures and FAQ sheets Scheduled 2/6/2006 12pm-4pm Scheduled 2/2/2006 7 30am-3pm Scheduled 3/13/2006 Scheduled 4/11/2006 Ongoing 'I I! Ii 4 ~ iiii -~ City of Wheat Ridge Stormwater Management Program III. Public Outreach MEASURABLE GOAL ACTIONS STATUS 1 Stormwater Hotline February,2006 2. Direct Informational Mailings 3 Car Wash Coupons 4 Form Wheat Ridge "Team Storm" Concept 5 Automotive related industry "Stormwater Certificate Program" June, 2006 - Tentative Develop a stormwater telephone hotline, including feedback forum, links to all non-emergency contacts. Design and print informative and FAQ flyers for mail delivery for the following target groups. 1 Wheat Ridge Business owners 2. Wheat Ridge automotive related businesses Arrange with local businesses to include a "X dollars off' coupon for local car washes in the May issue of the Wheat Ridge Connection Develop Art competition with prizes for local students to develop "Team Storm" logo Use logo for future outreach programs to have residents! schools! businesses support "the team" Develop, but not implement until 2na half of 2006, a results based "stormwater compliant certificate" program for the automotive related industry in Wheat RidQe Scheduled to go online Feb 24th Begin Mailings April Begin program in May Begin development February Orange items- still under development and based on available staff time. May not be fully realized during this outreach term ; 1';' " ,; 5 c "~'I -~........ City of Wheat Ridge Stormwater Management Program IV. Public Discussion MEASURABLE GOAL ACTIONS STATUS Open House and feedback forum to 1 Open house to discuss discuss proposed Stormwater March nnd, Stormwater Ordinance Ordinance- hosted at WR Senior Center (WR Connection Article in 5pm-7pm March 1st edition) Open House and feedback forum to 2. Open house to discuss discuss proposed Stormwater May 1ih, 6pm- Ordinance- Hosted at WR Stormwater Ordinance Recreation Center (WR Connection 8pm article in May 1 st edition) 3 Stormwater compliance Host a compliance workshop for City residents and business owners assistance workshop Located at WR Rec Center, Time, May, TBD Date, and Agenda TBD Oranf',l' items- still under development and based on available staff time. May not be fully realized during this outreach term. I. i i I 6 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No Q1 Ordinance No Series of 2006 TITLE: AN ORDINANCE ENACTING CHAPTER 20 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED STORMWATER QUALITY AND CONTROL WHEREAS, the City of Wheat Ridge is a Colorado municipal home rule corporation vested with powers under the Colorado constitution and statutes, and WHEREAS, as of March 10, 2003, the City is required to have a State of Colorado General Permit for Stormwater Discharges associated with Municipal Separate Storm Sewer Systems, and WHEREAS, on March 5, 2003, the City of Wheat Ridge applied for a State of Colorado General Permit for Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems, and successfully obtained Permit Number COR 090015, and WHEREAS, as a condition of this permit the City is required to adopt an ordinance addressing illicit discharge detection and elimination, construction site stormwater runoff control and post-construction stormwater management; and WHEREAS, it is deemed to be in the best interest of the public health and welfare of the residents of the City for the City to be in compliance with the State of Colorado General Permit for Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems, and WHEREAS, in order to accomplish this end, the City Council has caused to be prepared a new Chapter 20 of the Wheat Ridge Code of Laws, entitled "Stormwater Quality and Control" NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. A new Chapter 20 of the Wheat Ridge Code of Laws, entitled Stormwater Quality and Control, is hereby enacted, to read as follows CHAPTER 20 STORMWATER QUALITY AND CONTROL Article I In General Sec 20-1 Purpose and objectives WRPW0111 ATTACHMENT 2 WRPwon Sec. 20-2 Definitions Sec 20-3 Applicability Sec. 20-4 Responsibility for administration Sec 20-5 - 20 10 Reserved Article 1/ Illicit Discharges Sec 20-11 Illicit discharges prohibited Sec 20-12 Illicit discharges exempted Sec 20-13 Illicit connections prohibited Sec 20-14 Requirements applicable to potential discharges Sec 20-15 Best management practices Sec 20-16 Access and inspections of properties and facilities Sec. 20-17 Notification of spills Sec. 20-18 - 20-30 Reserved Article III Permits Sec 20-31 Applicability Sec. 20-32 Technical standards and specifications Sec 20-33 Construction stormwater management plan Sec. 20-34 Post-construction requirement of permanent BMPs Sec 20-35 Guarantee and Financial security Sec. 20-36 - 20-40 Reserved Article IV Enforcement Sec 20-41 Enforcement Sec 20-42 Appeal of Notice of Violation Sec 20-43 Abatement Sec 20-44 Stop Work Order 2 Sec. 20-45 Penalties Sec. 20-1 Purpose and objectives The purpose of this Chapter is to regulate non-stormwater discharges to the storm drainage system, as required by federal and state law and to protect and enhance the water quality of watercourses, water bodies and wetlands in a manner consistent with the Federal Clean Water Act. The objectives of this Chapter are (1) To regulate the introduction of pollutants to the municipal separate storm sewer system (MS4), (2) To prohibit illicit connections and discharges to the MS4, (3) To provide for inspection and monitoring procedures necessary to ensure compliance with this Chapter; (4) To reduce pollutants in stormwater discharges from construction activity by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land, (5) To require permanent stormwater runoff controls to be constructed along with development to prevent the deterioration of water quality; and (6) To promote public awareness of the hazards involved in the improper discharge of Pollutants into the storm drainage system Sec. 20-2 Definitions For the purposes of this Chapter, the following words and phrases shall have the meaning set forth in this section Agricultural Activities Activities directly related to a. land preparation for farming such as plowing and disking, for the purpose of crop production, b. the housing and pasturing of livestock. Best management practices, aka BMPs Schedules of activities, prohibitions of practices, general good housekeeping, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of Pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include permanent or non-permanent treatment practices, structures, ponds or basins, landscaping, operating procedures, and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage CDPHE The Colorado Department of Public Health and Environment. WRPW013 3 COPS The Colorado Discharge Permit System Clean Water Act The federal Water Pollution Control Act (33 US C ~ 1251 et seq ), and any subsequent amendments thereto Director The City of Wheat Ridge Public Works Director or designee Disturbed Area That area of the land's surface disturbed by any work or activity upon the property by means including but not limited to grading, excavating, stockpiling soil, fill, or other materials, clearing, vegetation removal, removal or deposit of any rock, soil, or other materials, or other activities which expose soil Disturbed area does not include disturbance caused by normal agricultural activities Facility Any building, including a private home, structure, installation, process or activity from which there is or may be a discharge of a Pollutant. Finally Stabilized Area All disturbed areas that have been either built on, paved, or a uniform perennial vegetative cover has been established, or equivalent permanent physical erosion reduction methods and best management practices have been employed If perennial vegetation is applied, 'final stabilization' shall be established as defined in the City Standard Seeding and Mulching Installation Notes (as referenced on WR engineering detail E-A03) Hazardous Materials Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or to the environment when improperly treated, stored, transported, disposed of, or otherwise manage Illicit Connections Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system, including, but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drainage system, and any connections to the storm drainage system from indoor drains, sump pumps, floor drains or sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved Illicit Discharge Any direct or indirect release of pollutants to the storm drainage system, except as exempted in this Chapter Industrial Activity Activities subject to NPDES Industrial Permits, as defined in 40 CFR, Section 122.26(b)(14), or successor regulations thereto Mobile Washing Operation A commercial activity involving power washing, steam cleaning, and any other method of mobile cosmetic cleaning of, by way of example, the following vehicles, fabric, pets and/or exterior surfaces WRPW 013 4 Municipal Separate Storm Sewer System (MS4) Publicly-owned facilities by which storm water is collected and conveyed, including, but not limited to any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, and natural and human-made or altered drainage ditches/channels/lakes/reservoirs, and other drainage structures. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit of NPDES Permit A permit issued pursuant to Section 402 of the Clean Water Act, including permits issued by the State of Colorado in compliance with the Act. Non-Stormwater Discharge Any discharge to the storm drain system that is not composed entirely of stormwater Operator The individual who has day-to-day supervision and control of activities occurring at the construction site, includes the owner, the developer, the general contractor or the agent of one of these parties Owner The person who owns a facility, development, part of a facility, or land Pollutant Any sewage, sewage biosolids, garbage, chemical waste, biological material, solid waste, incinerator residue, ash, munitions, radioactive material, heat, rock, sand, cellar dirt and industrial and agricultural wastes discharged in the water Pollution The presence in waters of the state of any substances, contaminants, or manmade or man-induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law Premises Any building, lot, parcel of land, or portion of land whether improved or unimproved, and including adjacent sidewalks and parking strips Storm Drainage System Also defined as Municipal Separate Storm Sewer System (MS4) Receiving Water Any water of the State of Colorado that receives a stormwater discharge from MS4, including all watercourses, even if they are usually dry, and irrigation ditches that receive municipal stormwater It also includes storm sewer systems owned by other entities Spill any intentional or unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the State Stormwater Any surface flow, runoff, and drainage consisting entirely of water from any form or natural precipitation, and resulting from such precipitation WRPW 013 5 Stormwater Management Plan (SWMP) A plan describing the BMP and activities to be implemented to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, MS4, and/or receiving waters to the maximum extent practicable Threatened Discharge A condition creating a substantial probability of harm, which make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Wastewater Any water or other liquid, other than uncontaminated stormwater, discharged from a facility Watercourse A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake, including major drainageways, in which runoff and floodwater flows, either regularly or infrequently Waters of the State of Colorado (Waters of the State) Any and all surface and subsurface waters that are contained in or flow in or through the State of Colorado The definition includes all watercourses, even if they are usually dry Sec. 20-3 Applicability This Chapter shall apply to all water and other discharges entering the storm drainage system generated on any developed and undeveloped real property with in the City unless explicitly exempted by a provision hereof Sec. 20-4 Responsibility for administration The Director shall administer, implement, and enforce the provision of this Chapter Article II Illicit Discharges Sec. 20-11 Illicit discharges prohibited No person shall discharge or fail to implement adequate best management practices to prevent an illicit discharge into the MS4 or watercourses, including, but not limited to, the following (1 ) and other materials, Chemicals, petroleum products, paint, varnishes, solvents, oil and grease automotive fluids, pesticides, herbicides, and fertilizers, or other toxic (2) Non-hazardous liquid and solid wastes, (3) Hazardous materials, sewage, fecal coliform and pathogens, dissolved and particulate metals, WRPW013 6 (4) Trash, refuse, rubbish, garbage, food wastes, animal wastes, litter, other discarded or abandoned objects, f10atables and cleaning products, (5) Landscaping materials, sediment, lawn clippings, leaves, branches or other landscaping and yard debris, (6) Construction activities wastes and residues including but not limited to, painting, paving, concrete placement, saw cutting, material storage and earthwork; (7) Wastes and residues that result from mobile washing operations, discharges from toilets, sinks, industrial processes, cooling systems, boilers, fabric cleaning, equipment cleaning, commercial vehicle cleaning (8) Any other material that is considered harmful to humans, animals, or aquatic life and its habitat. Sec. 20-12 Illicit discharges exempted The following discharges when properly managed, are exempt from the discharge prohibitions established by this Chapter Meeting exemptions identified in this section does not imply or determine that a COPS permit is not required (1) Water line flushing or other potable water sources, landscape irrigation or lawn watering, irrigation return flows, diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, roof drains, foundation or footing drains, air conditioning condensation, springs, individual residential car washing, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - less than 005 PPM chlorine), fire fighting activities, incidental discharges from street sweeping operations, and any other water source not containing pollutants (2) Discharges approved by the authorized enforcement agency necessary to protect public health and safety, such as flows from firefighting and street sweeping (3) Dye testing, provided the person undertaking such testing provides verbal notification to the authorized enforcement agency 24 hours prior to the time of the test. (4) Runoff of roadway and sidewalk anti-icing and deicing agents, provided that they are applied according to Best Management Practices, (S) Runoff associated with normal agricultural activities (6) Any non-storm water discharge permitted under a CDPS or NPDES permit, waiver or waste discharge order issued and administered under the authority of the Federal Environmental Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the City for any discharge to the storm drain system WRPW013 7 (7) Discharges as a result of activities of the City, where needed for emergency purposes or to protect public safety, if approved by the Director Sec. 20-13 Illicit connections prohibited The construction, use, maintenance or contained existence of illicit connections to the MS4 is prohibited This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Sec. 20-14 Best management practices The owner or operator of a commercial or industrial establishment or a disturbed area shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourse through the use of structural and non-structural BMPs Further, any person responsible for premises, which are, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4 Sec. 20-15 Notification of spills Notwithstanding any other requirement of law, as soon as any person responsible for any premises, facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system, the MS4, or waters of the state, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release In the event of a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services In the event of a release of non-hazardous materials, said person shall notify the Director in person or by telephone no later than 24 hours after the release Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the Director within 5 calendar days of the phone notice If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence Such records shall be retained for at least 3 years Article III Permits Sec. 20-31 Applicability (1) Permit required It shall be unlawful for any person to conduct any activity resulting in any of the following total disturbed areas without first obtaining a grading permit; pursuant to this section and Section 26-623 of this Code The requirements of this section shall be in addition to those contained within Section 26-623 In the event WRPW 013 8 of conflict between this Chapter and Section 26-623, the more restrictive requirement shall apply. A grading permit shall be required for disturbed areas of" (a) One acre or more (b) Less than one acre if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules (c) The City may also require a grading permit regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan, or if the construction activities are adjacent to a watercourse or wetlands (2) The following activities are exempt from this section (a) Agricultural land management activities, not including construction activities (CDPHE) (b) Maintenance and repair of any stormwater facility, irrigation ditch, watercourse, or related practice deemed necessary by the Director (c) Emergency repairs to streets, water, sanitary sewer or other facilities deemed necessary by the Director (3) Permit application Applications for grading permits shall be filed on a form prescribed by the City (a) In support of the application, the applicant shall submit all information required on the City's form and any additional information requested by the City (b) The application shall be signed by all persons responsible for compliance with the permit throughout the permit's validity (c) The application shall include documentation of an application for a CDPHE stormwater general permit for construction activities and a completed SWMP which must include an erosion and sediment control plan (4) Land disturbance activities may not proceed until grading permit approval is received from the City (S) Permit issuance or denial. The grading permit may be denied if the applicant fails to provide the information required by this Chapter and section 26-623 If a permit is denied, the applicant shall be notified in writing of the grounds for denial and of the corrective actions that must be taken to obtain a permit. An applicant may appeal the WRPW013 9 denial in writing to the Director no later than thirty calendar days from the date of issuance of denial The appeal must set forth the grounds for the appeal and include any documents in support of the applicant's appeal. The Director shall issue a ruling on the matter within thirty calendar days of receipt of an appeal based solely upon review of the application, denial, appeal, and all documents related thereto The applicant shall receive written notice of the Director's ruling (6) Performance standards and fees. Performance standards and fees for any permit required by this Chapter shall be met and paid per the schedules on the permit form No permit shall be issued until and unless the performance standards have been met and fees paid in full Sec. 20-32 Technical standards and specifications All BMPs designed to meet the requirements of this Chapter shall comply with the following technical standards (1) Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manual - Volume 3 or its successor (2) Current City issued erosion control construction details (3) City of Wheat Ridge site drainage requirements (4) Any other alternative methodology approved by the City, which IS demonstrated to be effective Sec. 20-33 Construction stormwater management plan (1) The Stormwater Management Plan (SWMP) shall be prepared in accordance with the requirements of the most recent SWMP guidance document prepared by the CDPHE, and the engineering and hydrologic practices outlined in the current City site drainage requirements document. (2) The owner or its representative will be required to have the CDPHE approved SWMP on site at all times and shall be prepared to respond to maintenance of specific BMPs (3) The owner or its representative shall inspect all BMPs at least every 14 days and within 24 hours after any precipitation or snow melt event that causes surface runoff, and when specifically requested by the City Inspections of BMPs shall be conducted by an individual who has successfully completed formal training in erosion and sediment control by a recognized organization acceptable to the Director A certification of successful completion of such training shall be provided upon request. (4) Based on inspections performed by the owner or by the City, modifications to the SWMP will be necessary if at any time the specified BMP's do not meet the objectives of this Chapter In this case, the owner shall meet with City personnel to WRPW013 10 determine the appropriate modifications. All modifications shall be completed within 7 days of the referenced inspection, and shall be recorded on the owner's copy of SWMP (5) SWMP review changes. The operator shall amend the plan whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activities (6) Records of inspection shall be maintained on site with the SWMP and shall be made available to the City inspector upon request. (7) Certification of permanent BMPs Upon completion of a project, prior to Final Acceptance and/or a Certificate of Occupancy or Completion being granted, the City shall be provided a written certification stating that the completed project is in compliance with the approved SWMP All applicants are required to submit "as built" or "record" plans for any permanent BMPs after final construction is completed per requirements of the City land development ordinance, if applicable A final inspection by the City is required before the release of any performance securities can occur Sec. 20-34 Post-construction requirement of permanent BMPs (1) Land development that is subject to the requirements of this Chapter must address stormwater runoff quality through the use of permanent BMPs which shall be maintained in perpetuity (a) All permanent BMPs of any site including, without limitation, detention basins, retention basins, ponds, inlets, outlets, outfall ditches, and structures for which the owner thereof or his or her predecessor-in- interest obtained approval from the City for the construction or establishment, shall be maintained in good repair and in substantially the form, condition and nature which was represented at the time they were constructed It is the intention of this section that such permanent BMPs, having once been approved for construction or development, shall not be allowed to deteriorate to a condition which is in any respect inferior to the condition or state upon which the original approval for construction or development was based For purposes of this section, either or both the owner or tenant of the structure or real property shall be considered the responsible party (b) Maintenance of all permanent BMPs shall be ensured through the creation of a formal maintenance covenant that must be approved by the City and recorded against the title of the subject property prior to final development plan or grading permit approval The covenant shall be binding on all subsequent owners of land served by the permanent BMP As part of the covenant, a schedule shall be developed, detailing when and how often maintenance will occur to ensure proper WRPW 013 11 function of the permanent BMPs. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled c1eanouts The covenant shall provide for access to the facility at reasonable times for periodic inspection or any required maintenance by the City, or its contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this Chapter The covenant shall be memorialized on the subdivision plat, annexation plat, development agreement or other instrument, or in a separate form acceptable to the City and shall be recorded in the office of the county clerk and recorder (2) Inspections of permanent BMPs (a) All permanent BMPs must undergo, at the minimum, periodic inspections by the City, as deemed appropriate by the Director, to document maintenance and repair needs and ensure compliance with the requirements of this Chapter and accomplishment of its purposes These needs may include removal of silt, litter and other debris from all catch basins, inlets, ponds and detentionl retention basins, outlet structures and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found by City inspection or otherwise must be addressed in a timely manner, as determined in writing by the Director The inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the permanent BMPs (b) Inspection programs may be established by the City on any reasonable basis, including but not limited to routine inspections, random inspections, inspections based upon complaints or other notice of possible violations, inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants, inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the COPS stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws Inspections may include, but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities, and evaluating the condition of drainage control facilities and other stormwater treatment practices (c) When any permanent BMP is installed on private property, or when any new connection is made between private property and a public WRPW 013 12 drainage control system, the property owner shall grant to the City the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection This includes the right to enter a property when the City has a reasonable basis to believe that a violation of this Chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Chapter (d) Parties responsible for the operation and maintenance of a permanent BMP shall make records of its installation and of all maintenance and repairs, and shall retain the records for at least 2 years These records shall be made available to the City during inspection of the facility and at other reasonable times upon request. Sec. 20-35 Financial security (1) Construction of the BMPs and other stormwater facilities required by this Chapter shall be a condition of issuance of any grading permit required pursuant to Section 20-31 or Section 26-623 (2) A further condition of the grading permit required by Section 20-31 and/or Section 26-623 shall be the posting of a performance bond to guarantee the construction of the BMPs or stormwater facilities required by this Chapter, as fully set forth herein (3) The amount of the performance bond shall be based upon an itemized cost estimate prepared by the permittee and approved by the City (4) Form of performance bond (a) The performance bond shall be for one hundred twenty-five (125) percent of the estimated costs of the required grading and BMP improvements as computed by the permittee and approved by the Director The requirement for a performance bond under Chapter 26, section 623 may be satisfied by inclusion in the performance bond required in this section Submittal of more than one bond is not required (b) No form of performance bond drawn upon a bank or financial institution having any relationship to the applicant or any principal, Director, officer or shareholder of the applicant (other than the relationship of depositor or checking account holder), shall be acceptable The City may reject any tendered performance bond for any reason (c) The performance bond shall be in a form satisfactory to the City attorney The performance bond guarantees the City that the financial backing is available and the improvements will in fact be completed and paid for WRPW 013 13 (i) The performance bond may be from any financially responsible lender that is not directly or indirectly owned or controlled by the permittee (ii) The performance bond shall be in effect for a minimum period of one (1) year and shall be renewable for subsequent one-year periods at the City's sole discretion (iii) The performance bond shall be such that the City is assured that the permittee has funds committed to the amount and that in the event of a default by the permittee the City shall have available to it, upon demand or, funds necessary to construct any/or all of the grading and BMP improvements (iv) The City may release percent portions of the performance bond in increments of no less than twenty-five (25) at the discretion of the Director of public works upon written request of the applicant. In such case, an amended performance bond shall be required In no case shall the full amount of the performance bond be released until final acceptance has been granted and all BMP improvements have been constructed and approved (v) After all repairs are made at the end of the warranty period and final acceptance is issued, the performance bond will be released (S) If the permittee does not successfully complete all required work or violates any requirement of the permit or this Chapter, the City may take corrective measures and charge the cost of such to the permittee Such costs shall include the actual cost of any work deemed necessary by the City plus reasonable administrative and inspection costs and penalties pursuant to this Code If the total of such costs exceeds the performance bond, the permittee shall be responsible for payment of the remaining balance within thirty calendar days of receipt of an accounting of such from the City Such costs, if unpaid, may be certified to the county treasurer for collection in the same manner as real property taxes ARTICLE IV ENFORCEMENT Sec. 20-41 Enforcement, generally (1) All authorized personnel under the supervision of the Director have the power to conduct inspections, issues notices of violations and implement other enforcement actions under this section WRPW013 14 (2) Whenever the Director has cause to believe that there exists, or potentially exists, in or upon any premises, any condition which constitutes a violation of this Chapter, the Director shall have the right to enter the premises at any reasonable time to determine if there exists an actual or potential violation of the requirements of this Chapter In the event that the owner or occupant refuses entry after a request to enter has been made, the City is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry (3) The Director shall have the right to install on the property of any discharger to the MS4 any devices deemed necessary to conduct an investigation of such discharges The investigation may include, but is not limited to the following sampling of any discharge or process waters, the taking of photographs, interviewing staff or citizens in reference to alleged violations, and access to any and all facilities or areas within the premises that may have any effect on the discharge (4) Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the Director may order compliance by written notice of violation to the responsible person (5) In the event the violation constitutes an immediate danger to public health or public safety, the Director or designee is authorized to enter upon the subject property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property Sec. 20-42 Appeal of notice of violation. Any person receiving a notice of violation may appeal the determination of the Director The notice of appeal must be received by the Director within five (5) days from the date the notice of violation was given Hearing on the appeal before the Director or his/her designee shall take place within ten (10) working days after the date of receipt of the notice of appeal. The decision of the Director or his/her designee shall be final Sec. 20-43 Abatement (1) If the City abates a violation of this Chapter, within 10 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs, by personal delivery or by mail to the last known address of the owner as shown in the records of the county assessor The notice shall be effective upon the date of mailing or personal delivery The property owner may file a written protest to the Director objecting to the amount of the abatement within 15 days of the effective date of the notice (2) If no protest is filed, then the charges shall be come due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal WRPW 013 15 (3) In the event a protest is filed, a meeting considering such protest shall be held before the Director or designee within 15 days from the date of receipt of the written protest. The property owner shall be given notice of the hearing in the manner set forth in subsection (1) of this section If any charges are upheld upon completion of such hearing, then such charges shall become due and payable 10 days after the issuance of the decision of the Director (4) If the amount due is not paid within 10 days after the decision of the Director or the expiration of the time in which to file an appeal under this Chapter, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The assessment shall be certified by the City treasurer to the office of the county treasurer for collection in the same manner as the collection of general property taxes Sec. 20-44 Stop work order Whenever the Director determines that any activity is occurring which is not in compliance with the requirements of this Chapter, the Director may order the activity stopped upon service of written notice upon the responsible owner and/or operator The owner and/or operator shall immediately stop all activity until authorized in writing by the City to proceed If the owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring and shall state the nature of the violation It shall be unlawful for any owner and/or operator to fail to comply with a stop work order Sec. 20-45 Penalties (1) It is unlawful and an offense for any person to violate or permit or cause violation of this Chapter or of the provisions of any permit issued under this Chapter Violators shall be punishable as provided in Chapter 1, section 1-5 of this code Each day or part of a day any violation occurs or continues shall constitute a separate offense (2) Any condition caused or permitted to exist in violation of any of the provisions of this Chapter is a threat to public health, safety, and welfare and is declared and deemed a public nuisance Any court of competent jurisdiction may enjoin violations of this Chapter upon proof of such violations (3) The remedies in this Chapter are cumulative and the exercise of anyone or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this Chapter The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. Section 2. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter WRPW 013 16 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2006, 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 , 2006, at 7 00 o'clock pm, 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 , 2006 SIGNED by the Mayor on this day of ,2006 Jerry DiTullio, Mayor ATTEST Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication Second Publication Wheat Ridge Transcript Effective Date WRPW 013 17 ITEM NO: 3 , REQUEST FOR CITY COUNCIL ACTION ~ ~ COUNCIL MEETING DATE: February 13,2006 TITLE: COUNCIL BILL NO. 04-2006 , AN ORDINANCE PROVIDING FOR A REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY LOCATED AT 6690 W. 44TH A VENUE (CASE NO. WZ-05-14/ABRAHAM) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS [gJ ORDINANCES FOR I ST READING (Date Feb. 13.2006) D ORDINANCES FOR 2ND READING Quasi-Judicial. [gJ ~~ D No Ran~~~ager Alan White, Commumty Development Director EXF:CUTIVE SUMMARY: Kahsay Abraham is requesting a rezonIng from Restricted Commercial to Planned Commercial Development for the property located at 6690 W. 44th Avenue. The subject parcel is 11,900 square feet m size (.27 acres). The current zomng designation allows a limited range of commercial uses. The site currently contams an eXlstmg vacant bUilding, which has previously been used in conjunctIOn with auto-related uses. An Outline Development Plan and Final Development Plan will be submitted for review at second reading. The Outline Development Plan will establish allowable uses and development standards, while the Final Development Plan will set a site specific development pattem for the property. The applicant would like to locate a liquor store in the eXisting buildmg, one of the proposed allowed uses listed on the Outline Development Plan. The proposed list of allowed uses includes most of the allowed uses in the R-C zone district, along With a few allowed uses m the Commercial One zone district. Plannmg CommiSSIOn heard the request on January 19,2006, and recommended denial. COMMISSION/BOARD RECOMMENDATION: Planmng Commission reviewed this request on January 19, 2006, and recommended denial of the rezoning (and Outline Development Plan) for the following reasons: 1. It is detrimental to publIc health, welfare and safety. 2. It is not compatible with the Comprehensive Plan. 3. It would create spot zoning. ST A TEMENT OF THE ISSUES: The subject property is currently zoned Restricted Commercial. A liquor store is not an allowed use in the R-C zone district. The applIcant wishes to rezone the property to Planned Commercial Development, with one of the allowed uses being a liquor store. The applicant has proposed to include most of the allowed uses in the R-C zone district as allowed uses on the ODP All uses listed as specials uses in the R-C zone district have not been mcluded in the list of allowed uses on the ODP The Comprehensive Plan Future Land Use designation for this property is Neighborhood Serving Retail, which should consist of small scale retail and professional service uses, such as coffee shops, bicycle repair shops, flower shops and professional offices. The applicant wishes to utilize the eXlstmg building, and simply add parking stalls and landscape areas to the site. As a result, a few of the development standards have been altered on the ODP, and are not representative of the standards listed in the Code of Laws. The applicant is proposing 13% landscape coverage. Commercial zone districts are required to have minImum landscape coverage of20%. Additionally, the drive aisle does not meet minimum width as defined in the Code of Laws. During the review process, the applicant proposed to use the existmg freestanding sign on the property. The sign exceeds the maximum size as defined m the Code. The applicant has since stated that the sign will be reduced to comply with the maximums established in the Code. Because the applIcant is requestmg a reZOnIng to Planned Commercial Development, these standards can be altered. To complicate matters, the applicant claims he was told that a lIquor store was an allowed use in the R-C zone district; however, he cannot remember which staff member gave him the informatIOn. It should be noted that none of the staff members recall acknowledging a liquor store as an allowed use on the subject property (with respect to current R-C zoning). The applicant subsequently purchased the property and obtained a liquor license from the Liquor Authority. One of the reasons for denial by Planning Commission was that the rezoning created an isolated or "spot-zoning" zone distnct. The rezoning would result in a Planned Commercial Distnct, which differs from surrounding zonmg. The City Attorney has opmed that If allowed uses in different zone districts are similar, regardless of zone classificatIOn, there is not a "spot-zoning" Situation. The properties to the north of the subject parcel are zoned C-l All of the proposed uses in this Planned Commercial Development are allowed uses in the C-l zone district. Even though these districts differ by name, they are similar in nature. However, the properties to the east, west and south are zoned Restricted Commercial. The applicant proposes to include about a dozen uses which are not allowed in the R-C zone district as allowed uses in the Planned Commercial Development. ALTERNATIVES CONSIDERED: Table the Bill indefinitely, denying the request. This alternative should only be considered at the pubhc heanng, as tabling the Bill on first reading would deny the applicant due process. FINANCIAL IMPACT: The City has recelVed a one-time application fee for the land use applicatIOn. The City would receive any sales tax generated from retail sales. RECOMMENDED MOTIONS: "I move to approve Council B1I1 No. 04-2006 case number WZ-05-14. a request for a rezoning from Restricted Commercial to Planned Commercial Development on first reading, order It published. public hearing set for March 13.2006 at 7:00 in the City Council Chambers." OR "I move to table indefinitely Council Bill No. 04-2006 case number WZ-05-14, a request for a rezomng from Restricted CommerCial to Planned Commercial Development on first reading for property located at 6690 W 44th A venue with the following findings I " Report Prepared by. TraVIS Crane 303.235.2849 Reviewed by. Alan White 303.235.2844 Attachments: 1 Planmng CommissIOn Staff Report (without exhibits) 2. Council B1I1 No. 04-2006 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO. Planning Commission CASE MANAGER. Travis Crane CASE NO. & NAME. WZ-05-] 4/ Abraham DATE OF MEETING January ]9,2006 ACTION REQUESTED. A request for a rezoning from Restricted Commercial to Planned Commercial Development, including an Outline Development Plan and Final Development Plan. LOCATION OF REQUEST 6690 W 44th Avenue APPLICANT (S): Kahsay Abraham OWNER (S): Same APPROXIMATE AREA. 11,900 sq ft. (0.27 ac.) PRESENT ZONING Restricted Commercial (RC) COMPREHENSIVE PLAN DESIGNATION Neighborhood Serving Retail (NR) ENTER INTO RECORD: (X) (X) ( ) COMPREHENSIVE PLAN ZONING ORDINANCE SUBDIVISION REGULA nONS (X) (X) CASE FILE & PACKET MATERIALS DIGITAL PRESENTATION LocatIOn Map All notIfication and posting reqUIrements have been met; therefore, there is jurisdiction to hear this case. ATTACHMENT 1 Planning Commission WZ-05-14/ Abraham I. REQUEST The applicant is requesting a rezoning from Restricted Commercial to Planned Commercial Development. An associated Outline Development Plan and Final Development Plan are mc\uded with the request. The current Restricted Commercial zoning deSignation allows a hmited range of allowed uses. The existing building on the property will remain. An Outline Development Plan will rezone the property and set development standards, while a Final Development Plan Will set a specific development plan for the property (Exhibit I, Letter of Request). The property owner wishes to utilize the eXisting building as a retail liquor store The property is 11,900 square feet in size. II. OUTLINE DEVELOPMENT PLAN The Outline Development Plan (ODP) will set all allowed uses and development standards for the property (Exhibit 2, ODP). The ODP also contains a general concept plan which labels areas of landscapmg, parking, building footprint, and access points. It should be noted that many of the development standards are tailored for the eXisting property; that is, the phYSical appearance of the property will change very little until a redevelopment of the property is to occur. Allowed Uses The subject property is currently zoned Restricted Commercial (Re). The RC zone distnct allows a hmlted range of commercial uses. When developing a list of allowed uses for thiS Planned Commercial Development, the apphcant started with the allowed uses in the RC zone district. Some of the allowed uses have been omitted (such as ambulance service, residential uses or temporary Chnstmas tree lots), as they were impractical for thiS locatIOn, or Simply were not deSired uses. Any use listed as a special use m the RC zone district has not been mc\uded as an allowed use. The applicant then added some uses listed as allowed uses in the Commercial One (C-l) zone district as allowed uses for thiS property These uses are as follows. Appliance stores and incidental service and repair Automotive parts supplies and sales Auto service, repair and maintenance shops (minor) Caterers Clinic or office for the counseling and treatment of psychological, social, marital. developmental or similar conditions, excluding substance abuse Day care or preschool, small Drug store or pharmacy Electronic and computer sales, supplies and service Home improvement store Leather goods and luggage store Linen supply Liquor store Upholster store (non-automotive) These above-hsted uses are allowed uses m the C-I zone district. Simply, the applicant wishes to maintam the uses already allowed in the RC zone district, and add the above 13 uses. Staff Planning Commission WZ-05-14/ Abraham 2 feels that auto service, repair and maintenance shops (minor) should be excluded from the list of allowable uses, as it conflicts wIth desired attributes listed in the Comprehensive Plan. Additionally, the words "non-resIdential" should be added to Clinic or office/or the counseling and treatment of psychological, social, marital, developmental or similar conditions, excluding substance abuse " The Comprehensive Plan Future Land Use Map designation for this property is Neighborhood Serving Retail (NR). The ComprehensIve Plan states that the NR areas are to consist of small scale retail and professional services uses, such as coffee shops, bicycle repair shops, flower shops and profeSSIOnal offices. These uses are mtended to provide a buffer between the busy street and the neighborhood. The ComprehenSive Plan lists the desired attributes of the NR areas as . Small independently owned retall and service establishments that are not dependant on high traffic volumes. . Well landscaped - no outdoor storage, trash areas must be screened. . No dnve through facilities or auto-oriented commercial uses. . Inclusion of bike racks, benches, picnic tables, public art and pedestrian connections. . No expanSIOn into residential neighborhoods. . Height and bulk of the building relate to the adjacent neighborhood. . Hours of operation are restricted. Most of these attributes are bemg achieved. The applicant wishes to open a neighborhood servmg liquor store. The eXisting building would be utilized. The property currently does not contain any landscaped area, so the inclusion of landscaping WIll be a benefit. The trash area will be screened. There are no drive through uses proposed m the list of allowed uses. Whlle the property does not contain bike racks, picnic tables or public art, sidewalk connections are being provIded where they do not eXIst. The existing building relates to the scale of the surroundmg neighborhood. Landscaping The ODP sets standards for minimum landscapmg. The property currently has no landscapmg. The applicant is intendmg to increase the amount of landscaping. The Code of Laws specifies that a commercially zoned property should have a mimmum of20% landscaping. The ODP speCIfies that for redevelopment of the property (in excess of 50% expanSIOn) a mimmum of 15% landscaping is reqmred. The ODP also speCifies that landscaping for the existing bmldmg IS dictated by the quantIties and area proVided on the Final Development Plan. Very Simply, the landscaping area and quantities of trees and shrubs shown on the Final Development Plan IS what is allowed. All other landscape reqmrements shall refer to Section 26-502 of the Wheat Ridge Code of Laws. Building Coverage A maximum bmlding coverage of 50% is proposed on the ODP Building coverage IS defined as all areas of the lot covered by building. The Code of Laws specifies that for Commercial zone distncts, the maXImum lot coverage (all areas ofbmldmg and paving) is 80% of the lot. The maximum lot coverage for this property w1l1 be dictated by the mimmum amount of landscaping reqmred. For example, if 15% landscapmg IS required, the maximum lot coverage will then be 85% of the lot. Planning Commission WZ-05-14/ Abraham 3 Parking The ODP specifies that parkmg shall be in conformance with Section 26-501 of the Code of Laws. The Code states that minimum parkmg shall be required based upon a specific use. The Final Development Plan will detail the amount of parking required and supplied. Building Height/Setbacks The maximum bUIlding height is being established at 35 feet, which is consistent with the commercial zone district. The setback standards for the commercial zone districts have been used as a guide, but the required setbacks have been modified on the ODP to conform to meet the setbacks of the existmg building. The commercial zone districts require a 50 foot front yard setback for properties adjacent to W 44th A venue, a 5 foot per story side yard setback, and a 10 foot rear yard setback. A 30 foot setback IS required when adjacent to a public street. The minimum setbacks established on the ODP are as follows: 30 feet for the front yard (adjacent to W 44th A venue), 5 feet for the side yard (eastern property line), 30 feet for the western side yard adjacent to OtIs Street, and 8 feet for the rear yard. Architecture The ODP includes a note which requires any new structures to be compliant with the Streetscape and Architectural Design Manual Access/Circulation The property currently has three access points. two on West 44th Avenue and one on Otis Street. The western-most eXisting access point on West 44th Avenue will be closed. Each access point will allow full movement. Building Signage An existing sign on the West 44th Avenue frontage wIll remain and will be reused for the mtended business. The existmg sign does not conform to today's standards III respect to sIze. The Code allows a maximum sign size of 35 square feet for a 1,400 square foot building. The existing sign is 64 square feet m size. The sIgn is 15 feet tall, setback from the property Ime II feet. Both the height and setback conform to the Code requirements. The ODP does contain a note which refers to the Code for additional reqUIrements, and any new signage must meet these Code requirements. Lighting The ODP refers to Section 26-503 of the Code of Laws for lighting regulations. Fencing The ODP refers to SectIOn 26-603 of the Code of Laws for perimeter fence regulatIOns. There IS an existmg fencmg which wIll remain. The existing fencmg does conform to Section 26-603 III. CRITERIA Staff has the followmg comments regarding the criteria used to evaluate a change in zone. 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is an error. Planning Commission WZ-05-14/ Abraham 4 The existing zone classification on the official zoning map is not m error The property currently has Restricted Commercial zoning. 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the finding of the following. There has been no recent change m character to the area. Many of the surroundmg properties have had the same zoning designation smce the incorporatIOn of the City The proposed rezoning will be in character with the surrounding neighborhood. 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and other related policies or plans for the area. The Future Land Use map in the Comprehensive Plan designates this property as Neighborhood Servmg Retail. The proposed zone designation of Planned Commercial Development does fall within this clasSification. The Future Land Use Map is one component of the Comprehensive Plan. The Plan also contains goals and policies that need to be considered in findmg consistency with the Comprehensive Plan. The rezoning meets the following desired attributes of the Neighborhood Retail classificatIOn: The property will be an independently owned retail establishment which is landscaped, all trash areas Will be screened, there are no auto-onented or drive through uses, pedestrian connectIOns will be provIded and the height and bulk of the buildmg wIll relate to the eXisting neighborhood. 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived. The request is for a reZOnIng to PCD. A majonty of the properties in the area have some sort of commercial zomng designation. This Will be the only property in the neighborhood wIth PCD zonmg. While the PCD deSignation differs from the RC or C-I designations, the mtent of these zone dlstncts IS sImilar - neighborhood serving commercial development. 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone. This proposed zone change should create a benefit to the community. The proposed zone change wIll allow a wider range of commercial uses. The zone change will facilItate the reinvestment into thIS property; the applicant will be improving a dIlapIdated and vacant property 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. All respondmg agencies are able to serve the property, and the developer Will Incur the cost and mamtenance of any improvements. 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. Planning Commission WZ-05-14/Abraham 5 The change in zone will not affect public health, safety or welfare in the area. Traffic will increase from existmg conditions, mainly because the building IS currently vacant. The amount of traffic generated by the intended use wIll not overburden the roadway system. ThIS proposed development should not reduce air or light to adjacent properties. 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. This change of zone WIll create an Isolated zone district. There are no properties in the immediate area zoned Planned Commercial Development. The property will, however, function in a simIlar fashion as the surroundmg commercIal propertIes. IV. FINAL DEVELOPMENT PLAN The goal of the Final Development Plan is to meet the standards set on the Outline Development Plan. The FDP is a much more site-specIfic document whIch addresses buIldmg locatIOn, parking, landscaping distribution and architecture (Exhibit 3, FDP). The development regulations written on the ODP have been written to accommodate the eXIsting buildIng. The applicant is not proposing to construct a new building. Parking lot improvements and addItional landscaping will be the only major changes to the property. The ODP set the maximum building coverage at 50% of the lot. Based upon a lot sIze of 11,900 square feet, the building may be a maxImum size of 5,950 square feet. The existing buildmg is only 1,400 square feet in sIze The ODP specIfies that the building shall have a 30 foot front yard setback requlfement, a five foot side yard setback requirement for the eastern property line, a 30 foot side yard setback for the western property line and an 8 foot rear yard setback reqUIrement. The existing buildIng meets and exceeds these minImum setback standards. The buildmg IS currently 15 feet tall, which does not exceed the maxImum building height of35 feet as established on the ODP A trash enclosure is bemg shown on the east side of the building. The ODP requires all dumpster areas to be screened from the right-of-way. A screen wall has been provIded, fulfilling this requirement. The applicant wishes to use the property as a retail liquor store, an allowed use on the ODP Architecture Because the existing buildmg wIll not be renovated, this sectIOn does not apply. If any new bUIlding were to be constructed, the Architectural standards would apply The existing buIlding is constructed of block. The building entrance IS located on the north elevatIOn. An existmg overhead door will be removed. Landscaping The ODP stated that the minimum required landscapmg shall be dictated by the Final Development Plan. The FDP detaIls a total landscape area of 1,560 square feet, all to be added by the applicant. Based upon a lot Slze of 11,900 square feet, the appl1cant lS proposing 13 1 % landscapmg. Typically, the commercIal zone distncts require a mmimum of20% landscape coverage. Planning Commission WZ-05-14/ Abraham 6 The applicant has provided 3 street trees and 25 shrubs. Because the ODP states reqUIred landscaping shall be as shown on the FDP, there are no mmimum requirements to be met. It should be noted the property does not meet the minimum requirement for street trees (5) as specified in the Code of Laws. The provided quantity of shrubs (25) exceeds the requirement as specified in the Code of Laws. Parking The ODP specifies that required parking shall conform to the Code requirements of SectIOn 26- 50 I. Required parking stalls are based upon use and square footage of usable area. A retail liquor store IS required to provide I parkmg stall for 200 square feet of usable area. The existing building is 1,400 square feet in size. A total of 7 parking stalls are reqUIred, with one bemg a van accessible handicap stall. The FDP details 13 parking stalls and one van accessible stall. All of the parking stalls meet the minimum required size as specified m the Code Three parking stalls are located directly adjacent to W. 44th Avenue. The Code of Laws requires a ten-foot landscape buffer for parking lots adjacent to right-of-way The FDP does not detail a landscape buffer for the 3 stalls adjacent to West 44th Avenue. The Code of Laws requires a mmimum dnve width which could not be accommodated if a ten foot landscape buffer were between the parkmg stalls and the nght of way Simply, the parking lot would not function. It should also be noted that the drive aisle does not meet the minimum width reqUIred for two-way traffic (22 feet). A portion of the drive aisle is only 16 feet Wide. This reduced width is a by-product of the landscapmg to be mstalled around the existing sign. The applicant Will construct a 3 foot fence on the north side of the parking stalls adjacent to West 44th Avenue as a screen. ThiS is a requirement in the Code of Laws. Lighting There are no freestandmg lights proposed for this property, as none currently eXIst. The only source of lightmg will be buildmg mounted downcast lighting, which must conform to SectIOn 26-503 of the Code of Laws. V. AGENCY REFERRAL All respondmg agencies have mdlcated that they can serve the property, and the applicant Will bear the cost of upgrading any service to the property. Because there will be no major site construction, a drainage report was not required. The Public Works Department IS requinng the construction of a small section of curb and gutter where the western most curb cut is bemg closed. Sidewalks currently eXist around the pen meter of the property VI. NEIGHBORHOOD MEETING The reqUIred neighborhood meeting was held prior to submittal. There were approximately seven attendees from the neighborhood. General questions ranged from the type of development which will occur to the need for another liquor store m the neighborhood. There was a diSCUSSIOn of the current condition of the building, and the presence of graffiti in the neighborhood. One letter was received after the neighborhood meetmg from a neighbor who could not attend the meeting (Exhibit 4, Neighbor Letter).Addltionally, one email was received after the meeting. This email has been included (Exhibit 5, Neighbor Email). VII. STAFF CONCLUSION & RECOMMENDED MOTION(S): Planning Commission WZ-05-14/ Abraham 7 Staff concludes that the rezoning is compatible with surrounding uses, and that the alterations to the property should be an improvement over the existing conditions. There are two requests, and each will require a separate motion: request for approval of a rezoning and outline development plan and request for approval of a final development plan. REZONING AND OUTLINE DEVELOPMENT PLAN OPTION A. "I move to recommend APPROV AL of Case No. WZ-OS-14, a request for approval of a rezoning from Restricted Commercial to Planned Commercial Development, and an Outline Development Plan for property located at 6690 W. 44th A venue, for the followmg reasons 1. The change in zone is compatible with the existing conditions in the Immediate area. 2. The change m zone will not adversely affect the public health, safety or welfare. 3. The change in zone substantially meets the desired attributes of the Neighborhood Retail classification in the Comprehensive Plan. With the following conditIOns. 1. The following use shall be removed from the list of allowed uses on the Outline Development Plan. Auto service, repair and maintenance shop (minor) 2. The words "non-residential" shall be added to the followmg use. "Clinic or office for the counseling and treatment of psychological, social, marital, developmental or similar conditions, excluding substance abuse" OPTION B: "I move to recommend DENIAL of Case No. WZ-OS-14, a request for approval of a rezoning from Restricted CommercIal to Planned Commercial Development, and an Outline Development Plan for property located at 6690 W. 44th Avenue, for the following reasons: 1. FINAL DEVELOPMENT PLAN OPTION A: "{ move to recommend APPROVAL of Case No. WZ-OS-14, a request for approval of a Final Development Plan for property located at 6690 W. 44th Avenue, for the following reasons. The Final Development Plan complies with the development standards established by the Outline Development Plan. 2. The Final Development Plan meets the technical requirements as established III Article III for Final Development Plans." OPTION B. "I move to recommend DENIAL of Case No. WZ-OS-14, a request for approval of a Final Development Plan for property located at 6690 W. 44th Avenue, for the following reasons. 1 Planning Commission WZ-05-14/ Abraham 8 INTRODUCED BY COUNCIL MEMBER Council Bill No. ..Q!L-2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE PROVIDING FOR THE APPROV AL OF REZONING FROM RESTRICTED COMMERCIAL (R-C) TO PLANNED COMMERCIAL DEVELOPMENT (PC D) FOR PROPERTY LOCATED AT 6690 WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section 1. Upon applicatIOn by Kahsay Abraham, approval of a rezonmg In Wheat Ridge, Colorado, Case No WZ-OS-14. for property located at 6690 W 44\h Avenue and based on a recommendatIOn from the Wheat Ridge Plannmg CommissIOn and pursuant to the findmgs made based on testimony and eVidence presented at a public heanng before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Restncted Commercial Dlstnct and to mc1ude m the Planned Commercial Development zone distnct the folJowmg described land. NORTH 100 FEET OF LOT 1, LIONEL SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this rezomng does not create a vested property right. Vested property nghts may only anse and accrue pursuant to the proviSIOns of SectIOn 26-121 of the Code of Laws of the City of Wheat RIdge. Section 3. Safety Clause. The City Council hereby finds, determmes, and declares that this ordmance IS promulgated under the general police power of the City of Wheat RIdge, that it is promulgated for the health, safety, and welfare of the public and that this ordmance IS necessary for the preservatIOn of health and safety and for the protectIOn of public convemence and welfare. The City Council further determmes that the ordmance bears a ratIOnal relatIOn to the proper legislative object sought to be attamed. Section 4. Severability. If any clause, sentence, paragraph, or part of thiS ZOlling Code or the applIcation thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect apphcatlOn to other persons or circumstances. Section 5. SupersessIOn Clause. If any prOVISion, reqUirement or standard established by tills Ordinance is found to conflict with similar prOViSIOns, reqUirements or standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are m ATTACHMENT 2 eXIstence as of the date of adoptIOn of this Ordmance, the provIsIOns, requirements and standards herem shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publIcatIon. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _to on this 13th day of February, 2006, ordered publIshed in full in a newspaper of general circulatIOn m the City of Wheat Ridge and PublIc Hearing and consideration on final passage set for March 13th 2006, at 7.00 o'clock p.m., m the CouncIl Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of _ to _, thiS 13th day of March, 2006 SIGNED by the Mayor on thIS _ day of ,2006 JERRY DITULLIO, MAYOR ATTEST Pamela Y. Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st PublIcation: 2nd PublIcation: Wheat Ridge Transcnpt EffectIve Date: e: Iplanninglfonnslord. fnn ITEM NO. ltl REQUEST FOR CITY COUNCIL ACTION M COUNCIL MEETING DATE February 13,2006 TITLE: WHEAT RIDGE FOUNDATION VACANCY APPOINTMENTS o PUBLIC HEARING r8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial o Yes C8J No \ . -'~.AA10Jl~ ^' CIty Clerk - ~ ~u~ City Man er EXECUTIVE SUMMARY: The Wheat Ridge Foundation is a non profit corporation formed to provide a vehicle for donation of money or property to the City for cultural or recreatIOnal purposes. General purposes include decoration, beautification, cultural enhancement and education, historic preservation and education, related prograrnmmg on or in the property and facilities owned or operated by the City of Wheat Ridge. The Wheat Ridge Foundation currently has two vacancies with terms endmg 3/2/08. The City Clerk's Office has received two applications for the positIOns: Dewey Bridge and Lorraine Wnght. COMMISSIONIBOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: If the applicants are not appointed to the Wheat Ridge Foundation, vacancies Will remain. AL TERNA TIVES CONSIDERED: Do not appoint the applicants to fill the vacancies in the Wheat Ridge FoundatIOn FINANCIAL IMP ACT: N/A RECOMMENDED MOTION: "I move to appoint March 2. 2008. and: "} move to appoint March 2. 2008. to the Wheat Ridge FoundatIOn, term to expire to the Wheat Ridge Foundation, term to expire or, "I move to Attachments: I. Dewey Bridge applIcation to the Wheat Ridge FoundatIOn 2. Lorraine Wright application to the Wheat Ridge Foundation. 3. Mayor's Memorandum dated February 7, 2005 132/131/21313& 13:37 31339827&139 STOBER ELEMENTRAY PAGE 01 ~:.el' 06 FEB - I PH I: S APPlICA TION FO';' Af. ~OINTMENT TO THE' ~aX~A/ FoU-AcI~ (BOJ:iID@MMiSsION/COMMITTEE) DATE- ;J. / / ,; 0 ~ DISTRICT 3 HOW lONG HAVE "Ol BEEN A RESIDENT OF WHEAT RIDGE f- II ~S ARE YOU A REGISTER :0 VOl'ER? '/ e S ~ ARE YOU SEE \(11' G THIS APPOINTMENT? I U-Ju S c...s k cd .5QfUe- .:r eJo,/ jeruiJ m'l ~n"'\U"c!J DO YOU HAVE EXP\;~RI ~NCE IN THIS AREA74e5 HAVE YOU EVER SLR\ ED. OR I"RE YOU CURRE"'Tl Y ON A BOARD/COMMISSlClN/t OMMIlTEE AND IF SO, WHICH ONE? HOW LONG? 5UluuJ OAJ NUA1~ ~oIJMS~ ARE THERE ANY CONF .'CTS WHICt-' WOUlO INTERFERE WITH REGULAR A ITENDjl.NC E OR DlITIES? /JL () S GNATURE ~;f ~J PLEASE PRINT OR TYF:: NAME D~. -15 B R (D 6- t.- ADDRESS .3d) / Of1K. 5T W~ lj"0033 HOME PHONE ~-=-;2 3(j- 95'8'S BUSINESS PHONE._, 3 - 9g;):: 7(:,1 0 rO"lstributed . : 'if ,dbr1dy_ ~ ewe - ~/2 C () L-CS Date: a / f / 0 fj Ma or: \ City Clerk: V l!~ WILl. BJ; 'SEPT O~ FILEfl)R ~ YEAR City Treas: t:~_ -_==-=-~_~~=- ~::.~_=~~:: ".~__.: j A TT A C H MEN T 1 PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION 06 y,~t 24 PM 3: S: APPLICATION FOR APPOINTMENT TO THE' :-II vJ ~\ u{+ PII c/ ~r/ fJ t.{ (\ /) A -i ll)tJ (BOA D/COMMISSION/COMMITTEE) DATE:--.1.l2-0( Oip 1 DISTRICT ,~. HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 5 Llu.{v~ ARE YOU A REGISTERED VOTER? Y e ~ WHY ARE YOU SEEKING THIS APPOINTMENT? Pre-Hi/'f. CCyV\{/Y\()..rLl-H.j lY1vl'.d\It't'nf'fl+ +n ~. ~~_ /AJh!a~F)ld (jL fYli~ fi~YIII/('J..~-c'c vv\11, (.it' i/(JllifX!.rlA+) D,-o I('(+s. , J DO YOU HAVE EXPERIENCE IN THIS AREA? ~ Il-t'S I HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? 0U ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? 00 SIGNATURE "/ ;" ~~~u1 t't ,Jy !f.M- LOrYL\ /I/l.L \}-/o'\ h +- 'J PLEASE PRINT OR TYPE NAME. ADDRESS- L1QL/C; VI} :3L/t} ])y,'ve.-, vvrvc{tPlIcl';I(; Cu (f(()3~ - HOME PHONE. 3o~ i-}d-~. "1yQL{ r~ t.b t ,CeLt -I rL~{) qg-S.,'66ZS , IJIS rI U. 0 I _ Date: I/x,,~___ Mayor: v , . City Clerjf L ADOOIif{JaS:- LD to _ ~ (;) ,nl. ( I, C,DtYl . City Treas: Cirl Atty: A~L1t':.t. ON WILL BE KEPT ON FILE FOR ONE YEAR ~.E.J. ~15 ATTACHMENT 2 t.:-:-_=::-~-=.'- . .~- -~-- -- " ....-.J City of Wheat Ridge Office of the Mayor Memorandum TO: Council Randy Young Joyce Manwaring FROM: Jerry DiTullio DATE: February 7, 2006 SUBJECT: Wheat Ridge Foundation I am recommending Lorraine Wright and Dewey Bndge for appointment to the Wheat Ridge Foundation. They will be filling two vacant spots on the foundation. Along with other foundation duties, Ms. Wright and Mr. Bndge will be the leads on the fund raising effort for the athletic fields for Wheat Ridge High School. Both appomtees live in Wheat Ridge and will be an asset to the Foundation and the CIty of Wheat Ridge. pc: file ATTACHMENT 3 ITEM NO: 5 \ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. February 13,2006 I -~f'~' T=: ~1/i) Il[ [~. ~';C~~,#> TITLE: RESOLUTION 07-2006: RESOLUTION FOR REFERENDUM C ACCOUNTABILITY AND TRANSPORTATION FUNDING D PUBLIC HEARING D BIDS/MOTIONS [g] RESOLUTIONS D ORDINANCES FOR I ST READING (Date _) D ORDINANCES FOR 2ND READING QuasI-JudiCial D Yes [g] No ~~\<\ 0--'~' City Clerk , ,") - \' " -\---~~ 'j ,,-, ~'->('cp City Ma er '>\ EXECUTIVE SUMMARY: The Colorado Department of Transportation has requested consideration of Resolution 07 -2006 (see attached) by the Wheat Ridge City Council. The resolution addresses the allocatIOn of revenue, and clarities the City's support of the current method of allocation of state revenues for transportatIOn needs. Local governments across the state are consIdering this resolution for presentation to the Colorado State LegIslature. COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The Resolution supports the Governor's Supplemental Budget Request for Transportation, supports and defends the funding legislation Senate Bill 01-2006 and House Bill 1310-2006, and supports additional funds from Referendum C for transportation. The enacting law for Referendum C (House Bill 05-1350) contains an allowance for spending on transportation. Results from a poll conducted shortly after the November, 2005 election stated that the defeat of Referendum D was attributable to general voter concern regarding increasmg state debt through bonding, and that sixty-four percent (64%) of voters believed that roads, bndges and other strategIC transportation projects were a part of the spending mix specified m Referendum C. The City of Wheat Ridge contams seven (7) state and Interstate highways within its boundaries. The improvement and maintenance ofthese systems are vital to the economic development, pubic safety, and quality of life in the commumty ResolutIOn 07-2006 supports the following Strategic Plan Goals: ,.. Creatmg a Sustamable City Government ,.. City Prepared for Growth and Opportumties ,.. I-70 Corridor as a Major Commercial Center 'y Strong Partnership between City and Community AL TERNA TIVES CONSIDERED: Do not approve ResolutIon 07-2006 FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Resolution 07-2006 " or. "'I move to deny the approval of Resolution 07-2006 for the following reasons ~ , Attachments: 1 Resolution 07-2006 2 Resolution Talkmg Pomts. Report Prepared by. ReViewed by: Pam Anderson, City Clerk Randy Young, City Manager RESOLUTION 07 Series of 2006 TITLE: A RESOLUTION FOR REFERENDUM C ACCOUNTABILITY AND TRANSPORTATION FUNDING WHEREAS, On November 1, 2005, the voters of Colorado passed Referendum C, Colorado's Economic Recovery Plan, which provides the State of Colorado with mcreased tinancial stability for the next 5 years, and WHEREAS, Referendum C expressly stipulates that Referendum C dollars be "USED TO PAY FOR EDUCA TlON, HEALTH ('ARE, ROADS, BRIDGES, AND OTHER STRATEGIC TRANSPORTATION PROJECTS. AND RETlREMENT PLANS FOR FIREFIGHTERS AND POLlCE OFFICERS. "(Emphasis added), and WHEREAS, Referendum D proposed to retam 10% of the Referendum C procceds to provide bondmg capacity for capital Improvements including roads & bridges, school buildings, higher education facilities and the tire/police pension plan, and WHEREAS, after 2011 and for 20 years thereafter, Refercndum D proposed to create a general fund obltgatlon of $100 M per year to fund the Referendum D bond payments, and WHEREAS, According to a poll of voters conducted on November 6 by Vitale & ASSOCiates, a slgmficant majority of voters believe that roads, bridges and other strategic transportation projects are mtegral to Referendum C fundmg; and WHEREAS, According to the Vitale & Associates poll, the defcat of Referendum D was attributable to general voter concern regardmg mcreasing state debt rather than pnontlzing the funding areas Rcferendum C speCified, and WHEREAS, Accordmg to the Vitale & Associates poll, 86% of voters believe that the funding of transportatIOn strategic projects and the repair of existmg roads and bndges IS an urgent, high or medIUm priority among all state funding priorities, and WHEREAS, it IS imperatlvc that the Governor and the Legislature be cognizant of the will of the voters and stay true to the pnnciples conveyed to the voters m secunng passage of Referendum C, and WHEREAS, Transportation needs in Colorado outpace currcnt and future funding; and WHEREAS, Colorado's transportatlOn construction budget has been reduced by over 40% during the past 4 years from over $800 Milhon per year to the current level of just over $320 million per year; and ATTACHMENT 1 WHEREAS, addltlOnal funding IS needed to maintam current 60% system ratmg of good/tiur road condition through 2011 at a rate of $300 M per year; and Whereas, addItional funding is needed to mamtain current bridge condItions through 2011 at a rate of $62 million per year; and WHEREAS, an additlOnal $1 Billion per year in funding is necessary to mamtain the operational capacIty of the highway system and to make capacity Improvements to alleviate the congestion on 30% of Colorado's urban highways; and WHEREAS, Governor Bill Owens presented his proposed FY 2005-06 supplemental budget and proposed FY 2006-07 budget before the Jomt Budget Committee which appropnated a sum of $80 Million from the General Fund and fully funded Senate Bill 97-1 (SB I) at $215.3 M, and WHEREAS, through hiS budget, the Governor intends to jumpstart transportation funding by front-end loadmg funds m the FY 2005-06 budget years as there will be no SB I dollars available m FY 2006-07, and WHEREAS, Senate BIll 97-1 allocates excess general fund revenues up to 10.35% of the proceeds of sales tax revenues attributable to the sales of vehicles and related items to the highway users tax fund and further requires at least 10% of all revenues transferred to the HUTF to be expended for transIt purposes or for transit-relatcd capital Improvements; and WHEREAS, Senate B1I1 97-1 pre-dated the passage and Implementation of Referendum C and IS a statutory obligation and commitment; and WHEREAS, The $215.3 Imlhon attributed to SB 1 m the Governor's FY 2005-06 supplemental appropriation request IS statutorily required and therefore, non-negotIable; and WHEREAS, Sole reliance upon SB 1 for transportatIOn fundmg places transportatlOn as wholly reliant upon the health of the economy to ensure state revenues surpass the 6% threshold; and WHEREAS, thc City of Wheat Ridge contams sevcn (7) separate state or Interstate highways within its boundanes, and the improvement and maintenance of these systems are vital to the pubic welfare, economy, and quality of life of the community; AND, WHEREAS, an Important precedent will be set in FY 2006-07 for the fundmg of Referendum C prionties m subsequent fiscal years; Now, THEREFORE, BE IT RESOLVED, THAT the City of Wheat Ridge strongly- 1. Supports the Governor's proposed FY 2005-06 supplemental budget which appropriated a sum of $80 Million from the General Fund and fully funded Senate BJi197-1 (SB 1) at $215.3 M, and 2. Supports the full annual appropriation of SB I proceeds to transportatIOn and opposes any effort to undermine full allocation of SB 1 proceeds to transportatIOn, and 3 Supports the allocation of at least $ 100 M per year in years m which SB 1 does not achieve this goal independently. This goal may be met by a combined appropriatIOn under the 6% Arveschoug-Blfd spendmg limit, SB 1 allocations, or HB 1310 allocation. 4. Supports the current HB 1310 formula of 1/3 for state capital projects and 2/3 for transportation projects and opposes any effort to undermme full allocatIOn of HB 1310 proceeds; and 5 Supports and mtends to Identify and build support for long-term, sustainable transportatIOn funding sources and other viable alternatives, m recognition of the larger issue of shortfalls m long-term transportation fundmg; and 6 Supports a strong coalitIon effort of advocates of transportation fundmg to work towards the accountabIlIty in the Referendum C allocatIOn process; and 7 Supports the fmthfullmplementation of Referendum C for Colorado's voters. and 8 Supports the appropnate accountability mechanisms to assure voter and statutory mtent are honored. DONE AND RESOLVED this _ day of ,2006 Jerry DiTullio, Mayor ATTEST. Pamela Y Anderson, City Clerk REFERENDUM C ACCOUNTABILITY AND TRANSPORTATION FUNDING The Ask and Talking Points THE ASK . Support the Governor's Supplemental Budget Request for Transportation Support and Defend SB 1 and HB 1310 Support additional funds from Referendum C for transportation . . TALKING POINTS · RefcrCtldum C Ballot Title Specifically Calls Out Transportation as a Beneficiary "Without raising taxe.s and in order to pay for education, health care, roads, bridges, and other strategic transportation projects; and retirement plans for firefighters and police offices, shall the state he authorized to retain and spend all state revenues in excess of the constitutional limitation on state fiscal year spending for the next five fiscal years heginning with the 2005- 2006 fiscal year " (Referendum C Ballot Title, emphasis added) · Referendum C Enacting Law Contains an Allowance for Ref C SpCtlding on Transportation ''If the voters of the state do not approve Referendum "0" moneys in the account shall he used in a manner consistent with Section 24-77103 6 (2) (H.B 051350) 24 77 .1036 (2)' "There is hereby created in the general fund a general fund exempt account, which shall consist of an amount of moneys equal to the amount of state revenues in excess of the limitation on state fiscal year spending that the state retains for a given fiscal year pursuant to this section The moneys in the account shall be appropriated or transferred by the General Assembly for the following purposes: (a) To fund health care (b ) To fund education, including any capital construction projects related thereto, (c) To fund retirement plans for firefighters and police officers, so long as the General Assembly determines that such funding is necessary; and (d)To pay for strategic transportation projects included in the Department of Transportation's strategic transportation project investment program. (H.B 051194, emphasis added) · Polling Results Show Voters Defeated Ref D Because of Concerns About Debt According to a poll of voters conducted on November 6, 2005 by Vitale &: Associates, the defeat of Referendum 0 was attributable to general voter concern regarding increasing state ckht; . Polling Results Show Voters Assumed Ref C Included Fundingfor Transportation According to the poll by Vitale &: Associates, 64% of voters believed that roads, bridges and other strategic transportation projects were a part of the spending mix of specified in Referendum C. ATTACHMENT 2 . Polling Results Show Voters Have a Strong Degree of Support for Transportation Funding According to the Vitale &: Associates poll, 86% of voters believe that the funding of transportation projects and the repair of bridges is an urgent, high, or medium priority among all state funding priorities. · Colorado's Transportation Construction Budget has been Reduced by 40% Over the past four years, COOTs construction budget has been reduced by over 400/0, totaling ahout $1.2 Billion in projects that were planned for but could not be completed. &i~ ~&Y ITEM NO: G1 REQUEST FOR CITY COUNCIL ACTION P--! ccc6~d c~J I COUNCIL MEETING DATE: February 13, 2006 TITLE: MOTION APPROVING FORMATION OF BUDGET OVERSIGHT COMMITTEE D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date._) D ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes ~ No r\ \ \___ ~"'''{\;: _t'-- ' \ City Clerk '\\9-- ..) ~ U0\~~ CIty Ma er (} EXECUTIVE SUMMARY: At the February 6, 2006 Study SessIon the formatIon of a Budget OversIght Committee was discussed. In absence of a consensus, and in accordance wIth Council Rules of Order and Procedure, the item was placed on the agenda by the request of two (2) or more City Council Members. Council Member Gokey submitted the attached items for the packet. COMMISSION/BOARD RECOMMENDATION: One of Eight (8) recommendatIOns of the 2004 Blue Ribbon Panel included the establishment of a citizen budget commIttee to perform annual budget revIew STATEMENT OF THE ISSUES: The Issues that were discussed at the Study session mcluded the necessIty for the implementation of panel recommendatIons, the nature and process of cItizen partIcIpation, Council Member accountabIlity and responsibility for budget oversIght. AL TERNA TIVES CONSIDERED: Do not form a Budget Oversight CommIttee. FINANCIAL IMP ACT: The addItIOn of a budget oversight committee may require undetermined additional expenditures m staff tIme, cost of materials, and admmlstrattve support depending on the nature of the committee (structure, frequency ofmeetmgs, etc). RECOMMENDED MOTION: "I move to approve the formation of the Budget Oversight Committee." or, "I move to deny the formation for the Budget Oversight Committee for the following reasons Attachments: 1 Councilor Gokey Budget Review Committee submission. 2. Counctlor Gokey Study Session hand-out. BUDGET OVERSIGHT COMMITTEE 1. We as a Council reviewed the recommendations of the Blue Ribbon Committee After adopting the report, we went to the voters and asked for a tax Increase because that was one of eight recommendations the panel made Also in this report was a recommendation for a Citizen Budget Committee. On page 11 of the summary of recommendations there are 8 items We are in the process of addressing all but four of them The foundation and dnving force behind the passing of the tax Increase was the fact that a citizen committee recommended the 1 % increase. A vital element like the Budget Committee would allow citizen participation in the completion of one more of the eight items 2. In The Voice of Wheat Ridge there were many references to what IS working In the community The theme of government and the public working in unison came up several times. 3 Public input into the budget and services are fiber to the government. Working In unison as a team would forge a stronger alliance between citizens and government. 4 Many of the challenges staff faces need to be understood by the public and having this budget group involved would allow for a better understanding between these two groups. 5 Our community consists of many talented individuals that could help and guide this budget process I would not know why at thiS time we would not take advantage of their talents The perspective of the public would enter into the process so when council makes ItS final decisions the public's voice can be heard In a comprehensive process 6 There are many elements of government. Looking at these elements, I for one would welcome input from individuals who have a better working knowledge in areas such as Human Resources, Public Safety, Public Works and long term comprehensive plan goals Staff, while having qualified personnel, would have the ability to interface in a helping hand ATTACHMENT 1 3ubmitted by. 80uncilor Gokey manner with the public to develop a stronger, in-depth budget process 7 In times of volatile economic conditions a citizens committee would be able to lend the perspective of the public in what they perceive as being of priority to the public sector 8 The Joint Committee can evaluate the budget in respect to the Comprehensive Plan, Neighborhood Revitalization Strategy and other visionary concepts the City has adopted such as the strategic plan, Urban Renewal Plan and Parks and Recreation Plan 9. In February of 2005 the Strategic Plan for the City was developed ThIS was the residue of many hours of hard work from City Council, Staff and Lyle Sumek. Several of the highest priorities focused around seeking community participation. On page 18 of the Strategic Plan developed by City Council under Action for 2005, item three states "development of a Citizen Oversight Committee" I want to restate in the Voice of Wheat Ridge under Items that are working, the theme of citizen involvement comes up more than once. Under items that are not working, the theme "councilor government needs to listen to the citizens" was sighted more than once 1 0 The City fathers may at sometime have to go back in front of the voters and ask for items like a bond issue to assist in the redevelopment of the Wadsworth Corridor or any other large Investment opportunity that might come up in the feature. I for one would feel more comfortable coming back to the public and asking for there support having completed as many of the eight items on the Blue Ribbons Panel recommendation list as possible STUDY SESSION February 6, 2006 Item 7. Budget Review Committee Council, As the Blue Ribbon Panel completed there facts of finding peace to the citizen of Wheat Ridge one of the recommendations was to develop a Budget Review Committee (BRC) When talking about budgets there will be as many differing view about a budget as there are people Over the last 4 years escalating health care, general operation and health safety and welfare concerns have been raising general citizen concerns The Blue Ribbon Panel recognized this and that's way they made this recommendation Budget Review processes have many different functions, but none of those functions relieve City Council from there elected responsibility of amending or passing the budget. On this panel could be people with expertise in a wide cross section of fields These fields could be health care, public safety, construction, accounting, senior resource, education and on and on These people working with staff could bring together the Government and general population With a better under standing of the challenge of staff and the perception of the public I am going to enclose a couple of different profiles to give us a base of discussion There are many ways of forming the BRC Budget Review Board The Budget Review Board was established by resolution to ensure the appointed Budget Committee members are conversant with matters pertaining to the City budget. The Board is charged with annually reviewing the budget of selected departments and/or City functions, making recommendations on service levels, and forwarding its recommendations to Council for consideration by the full Budget Committee. Overview Budget Review Board members are the "electors" of the budget committee and their terms of office are the same on both advisory bodies. This Board was established to enhance to roles of the appointed Budget Committee members and to keep them involved throughout the year rather than just at budget time. Please refer to the Budget Committee for applicant information. All board members or commissioners shall serve without compensation. For a detailed description of the City's boards, commission and committees, please refer to the city's municipal code ATTACHMENT 2 Submitted by: ::;ouncilor Gokey Overview Board or commission vacancies are filled by appointment of the mayor with the consent of council. Appointments are made for terms not to exceed three years and will expire the last day of March unless mandated otherwise by state statute. All board members or commissioners shall serve without compensation. For a detailed description of the City's boards, commission and committees, please refer to the city municipal code, Title 2, Administration and Personnel. The Budget review board is the portion of this committee, which does not include council members and meets year round. BudQet Committee The budget committee is established in accordance with the provisions of (ordnance) to review the city budget document as prepared by the city budget officer and to recommend an approved budget to the city council for adoption. Basic time frame Sep - Proposed budget presented by management. Copies provided for all members Committee members and homeowner input, common area budget requests/discussion Sep - Committee budget requests/discussions (Activities, Communications. Security, Transportation. Amenities, Covenants, Modifications, New Development, Swim Team) Oct - Neighborhood Committee requests/discussions Oct Finalize budget for approval at the October City Council Meeting Milwaukee used this method of setting there committee up Town of Salem, NH Municipal Budget (ommitlcc Bylaws SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION Vlll ';;ECTION L\ Municipal Budget Committee By Laws Adopted. June 11, 1997 Table of Contents Purpose Orgamzation Membershtp Officers \' acancles DutIes of Officers ChaIrman VIce ChaIrman Secretary 1-2 .., .., ResponsibIlitIes and DutIes of the CommIttee 2-3 ForfeIture or Removal from Office 3 Conduct of MeetIngs General ProvIsIons Quorum Order of BUSIncSS Role of the Chatnnan Role of the RecordIng Secretary/Clerk Rules of Order AdoptIon and Amendmcnt 3-4 4 4 4-5 5 5-7 7 Se\ crance 7 Town ofSalcm, NH Municipal Budgct Committcc B\'la", Section I A Section II A B Section I II ~ection IV Purpose: The purpose of the By-Laws of the Budget CommIttee IS to define the CompositIOn, terms of office, vacanCies, functIOns and dulies of the ( ommltlee Organization: MembershIp - The Committee shall compnse of such number of members and other representatIOn as determmed by Town Meetmg adoptIOn of RSA 32. and who shall serve staggered terms of three years. Officers NommatlOns of, and electIons for, al1 Officers shall be by a maJonty vote of those present. A Chalmlan, Vice Chairman and Secretary shall be elected at the first regularly scheduled meetmg followmg Annual Town Meetmg:, hut not later than Apnl 30 -, In the case of a vacancy m the pOSitIOn of Chairman atter such electIOn, the Vice ChaIrman shall ImmedIately succeed to the poslllon of Chairman. The Secretary shall thereupon succeed to the pOSitIon of v Ice Chairman A nev. Secretary shall be elected at the first regularly scheduled meetmg after the Secrctary=s pOSitIOn becomes vacant. 3 In the case of a vacancy m the pOSItion of Vice ChaIrman after such electIOn, the Secretary shalllInmedlately succeed to the pOSitIOn of Vice Chairman. A nev~ Secretary shall be elected at the first regularly scheduled meetmg after the Secretary'=s pOSitIOn becomes vacant. Vacancies A \ acancles shall be filled wilhln thirty (30) days by a maJonty vote of the remammg members of the Commlllee present and pursuant to RSA 32. Duties of Officers A ChaIrman The Chairman shall preSide at all meetings of the CommIttee and perform such dutIes as reqUired by Statute -, The Chairman shall schedule atl meetmgs, assemble the agenda and related matenals for all regular and speCial meetmgs of the committee, schedule meeting rooms and notIfy all members of said schedule. Town of Salem, NH Municlral Budget Committee Hvlaws 3 The ChaIrman shall exccute all documcnts requlflng signature on bchalf of the CommIttee, except as otherwise proVided by Statute. 4 The Chairman may, with the approval ofa maJonty of the Committee present, and/or at the request of the Selectmen or School Board, delegate certaIn Members of the Committee to mvestJgate budgetary mattcrs or to serve on cltlzens= committees or sub-commIttees. B Vice Chairman (' Seeretar\ Section V A B c D In the absence of the ChaIrman, the Vice ChaIrman shall presldc over and assume all duties and responsibilities of the Chairman In addrcssmg the bUSiness of any regularly scheduled or speCIal meetIng. .., ASSist the Chairman m schedulmg and coordmatmg matenals for all regularly scheduled and speCial meetmgs of the CommIttee The Secretary IS the custodian of the offiCial mmutes ofmeetmgs and shall sign same as revised and approved. .., The Secretary IS the custodian of all correspondence and other documents as may be forwarded to thc Committee for review and, or action. 3 In the absence of thc Chairman and the V Ice Chairman, the Secretary shall preSide over and assume all dutIes and responsihlhtles of the Chairman In addrcssIng the bUSIness of any regularly scheduled or special meetmg. Responsibilities and Duties of the Committee The Budget Committee shall carefully rev Ie\\, all requests for hudgets and all rcvenue csllmates and shall gl\ e consideratIOn to allla\\ ful requests for the ensuIng fiscal year and to re\ IC\\ npendlture reports penodlcally pursuant to R~A 32 as may be amendcd from tnnc to tIme The Budget Committee shall revle\\, any audit reports submitted on behalf of any audItor for the Town or School Dlstnct as such report(s) become available A.udlt rcports shall be forwarded to the Chairman by the Selectmen and School Board upon their receipt Attend Annual and SpcClal Town and School Dlstnct meetmgs Committee Members may scrve on cltIzens= or other sub-commIttees at the request of the Selectmen or School Board and as appomted by the Chairman. ~ Town of5alcm. Nil Municipal Budgct CommJltcc Bvl,,,, , E. Members shall act collectIvely as a body unless authonzatlOn IS !!,,;en a member to act as rcpresentatlve and WIth specific mstructlOn of that body to do so Section VI Forfeiture or Removal from Office A. Pursuant to RSA 32, any Membcr shall cease to hold office Immediately uron mIssmg four consecutive scheduled or announced meetmgs, of whIch that Mcmber received reasonable notIce, WIthout bemg excused by the ChaImlan B ConsIderatIOn shall be gIven appomtcd and elected members for absences under the CIrcumstance of prolonged Illness Section VII Conduct of Meetings A General ProvIsIOns All mectmgs are open to thc rubltc unlcss a maJonty of Mcmbers present vote otherwIse, pursuant to RSA 9]-A .., OrganizatIOnal Meetmg - The date for an OrgamzatlOnal Meetmg to clect officers, whIch shall be the Committee=s first regularly scheduled meetmg. shall be voted by the Commlttec at Its last sessIOn before Annual Town Meetmg. SaId meetmg shall be held no later than Apnl 30 3 Regular Meetmgs - A schedule of regular meetmgs through Apnl 30 of the followmg year shall be agreed upon by the last mectmg m May SaId schedule shall be set by maJonty vote of the Members present and shall be effectIve through the conclusIon of the next Annual Town Mcetmg. SaId schedule may be amended by a maJonty vote of the Members present. 4 SpeCIal MeetIng~ - SpeCial MeetIngs may be called by the Chamnan or by three (3) Members of the CommIttee The Member(s) calltng the mectmg shall notify all other Members forty eIght (48) hours In advance of the SpeCIal Meetmg. Said notICl~ shall state the purpose of the SpecIal Meetmg. 5 Public Hearmgs - The recommended budgets shall be set by a maJonty vote of the CommIttee and shall be subject to publtc heanng rules set forth m RSA 32 and as amcndcd from tIme to tIme. Publtc Hearings shall be on separate datcs for the Town budget and the School Dlstnct Budget (, Annual and SpcClal Town and School Dlstnct Meetmgs - The ChaIrman shall announce each budget request and the Commlttee=s recommendatIon, explam the baSIS for such recommendatIOn, and the results ofthc vote taken for such recommendatIOn. The Chamnan may, If requesIed, read an explanatIon of the mlnonty posttIon If so requested. J Town ofSalcm. NH 1\lunlclpal BudgcI ( omrnlllcc B\ laws 7 Sub-CommIttees - Meetmgs shall be called as requITed by the Chairman of the Sub-CommIttee. Wntten reports from Sub-CommIttees shall be entered mto the mInutes of the Budget CommIttee=s meetmg at whIch they are presented. B Quorum - A quorum shall consist offive members of the Budget Commlttec C Order of Busmess or Agenda IS recommended as follows a. Call to order and Pledge of AllegIance b Roll Call c ReceIpt of Correspondence d. Approval of MInutes e. Old Busmess f Review of Budgets and Expenditures g. InformatIOn and Proposals ]. From Sub-CommIttee(s) .., From Members 3 From Members of the School Board. Selectmen. Department Heads and CIl1zens h. Adjournment D Role of the Chairman Open the meetmg at the presenbed tUlle by a Call to Order .., Announce the business before the Comllllttee 111 the order m \\ llll:h It IS to be acted upon andJor entertain motions to change such order :1 Recogl1lze Members and-or meeting attendees, entitlIng said Members and or attendees to the lloor ..\ State and put to \ ote all questions \\ hleh are regularly called. or necessanly anse In the course of the proceedmgs and to announce the result of the \ ote :; Protect the Comllllttee from annoyance () ASSist m expedItIng all bus mess m every way compatible wIth the rights of the Members by allOWing bnefremarks when undebatable Motions are pendmg or by callmg a bnefreccss to permIt restoration of order or for clanficatlOn of an obscure pomt If the Chairman deems It adVisable 7 To restramthe Members when engaged 111 publIc debate through use of the Rules of Order 8 To enforce, on all occaSIOns, the observance of order and decorum among 4 Town of Salem. NH Municipal Budget (ommlttcc By I,,,, , the Members, decldmg all questIOns of Order (subject to appeal by any two Members) unless the Chairman prefers to submit the qucstlOn for decIsion of the Committee. 9 To mform the ( ommlllee on a romt of Order or practice pertment to pendmg bus mess 10 To authenticate by thc Chalrman=s signature, when necessaf). all acts. orders and proceedmgs of the Committee I I The Chairman shall be the last Member to cast a vote on every Issue E Role of the Recordmg Secretary/Clerk The Recordmg Secretary/Clerk shall be the recordmg offiCIal of the CommIttee and shall attend all meetmgs as scheduled. ., Transcribe and type mmutes of the meetmg and forward copies to each Member pursuant to RSA 9 I-A 3 AudiO tapes and wntten notes shall be forwarded to the Selcctmen=s Office upon final approval of the mmutes of a meetmg 4 Research such Items as requested by the Chairman or any Member of the CommIttee 5 Assemble a notebook of approved mmutes and other related matenals, along \\ Ith a computer diskette If available. for permanent record and forward same to the Town Clerk annually r Rules of Order Obtammg the r loor a. "'.ddress the Chairman by hiS title and Wait for recognitIOn. When recognl7ed. a Mcmber may speak and. With fev. exceptions. no Membcr or meeting attendee may mterrupt. b Unllllllted debate will be allowed so long as the matter discussed IS germane to the questIOn bemg debated. ") MotIons - All proposals seekmg actIOn by the Committee shall be presented by a formal Motion. a. Motions v. III be recognIzed by the ChaIrman and called for a Second and Vote. 5 Town of Salem, NH !\1unll'lpal Bud!,cI ( ommlllcc Ihla\" b A Second to a MotIOn must be receIved before the ChaIrman may entertam discussIOn and Vote. Should no Second be recel\ed, the MotIOn WIll be conSIdered to have Diedfor Lack of Second and so recorded. c Motions to Table reqUIre a second. and will recel\ e no discussion d. Amendments to a Motion may be made by any Memher at an~ time after a Second to a MotIon has been received. A second and a Vote upon the Amendment must be taken before proceedmg With the ongmal MotIon. No more than one ( I ) Amendment to a MotIon may be entertamed by the CommIttee at any time e. MotIOn to Continue shall be entertamed on any Item a Member shall deem not completely addressed and discussed at a meellng A MotIOn to Contmue requires a Second. I' Motion to Refer - May be requested when a Member deems It adVisable to give further study to a proposal or other matter A MotIon to Refer reqUires a Second. 3 Votes - Shall be taken after diSCUSSion has reached a conclUSion and shall be hy raised hand a. \' oles shall he recorded m the mmutes of the meetmg as number for. number agamst. numher abstammg, and a notallon of an~ Memhers \\ho may be absent from the Vote b Roll Call \ otes'shall be rccorded m the mmutes of the meetmg as (Yes) followed bJ Member:,= names, (No) followed bJ Members= names. and (Abstam) follO\~ed hy Members names and a notatIOn of any Memhers who maJ he absent from thc Roll Call Vote 4 Pomt of Infonnallon - Ma~ he called should a Member seek clanficatlOn on any Issue heforc the Committee which may seem to have hecome obscure or mvolved 5 Pomt of Order - MaJ be called when a Member deems a pOSSible VIOlation of procedure or decorum has occurred. The Chamnan shall rule Immediately on any Pomt of Order called or request a vote of the Committee 6 Order of the DaJ - May be called when a Member determmes that the diSCUSSion has strayed fr.om the subJect mattcr at hand or regularly scheduled husmess of the CommIttee. (, Town of Salem. NH MUniCipal Budget (omtllltlee Bvlaw, 7 Appeal from the Chair - May be called by any Member who disagrees with a decIsIOn rendered by the Chalnnan. If the Appeal receives a Second. the Chalnnan shall restate the question or Issue and request a Vote of the Committee to overrule or sustam g. Out of Order - May be called only by the Chalnnan when any Member or meetmg attendee IS deemed to be unruly and not conductmg themselves accordmg to the Rules of Order The Chalnnan may request the offendmg person removed from the meetmg. 9 Requests for Infonnatlon A Members Requests - Any member=s request IS to he conSidered a request of the Committee. B InfonnatlOn Requests - Should It become apparent to the Chalnnan or a member m the mterIm between meetmgs that additIOnal mfonnatlOn relative to a specIfic budget Item may be needed for Committee use at the next regularly scheduled meetmg. a WrItten request for thiS mfonnatlon may be submitted to the School Board or Selectmen=s representative Such mfonnatlon should be made available to the Committee at Its regularly scheduled meetmg SECTlO:\ VIII Adoption and Amcndmcnt A. These by-laws shall be knows as the I\,lunicipal BudKet Committee By-Law~ of the Town of Salem. B These by-laws shall become effective after adoption by majorIty vote of the Budget CommIttee at a regular or speCial meetmg. C These by-laws may be amended from time to time by the Budget Committee at a regular or special meetmg SECTlOl'. IX Severance A If any sectIOn, subsectIOn, paragraph, sentence, clause or phrase of these by-laws shall be declared mvaiId for any reason whatsoever, such deCISIOn shall not effect the remammg portIOns thereof. which shall remam m full force and effect and to thiS end, the prov ISlOns of these by-laws are hereby declared to be severable Adopted June 25. J 997 Accepted May 24.2000 Amended/Accepted May 8. 2002 Accepted April 9 200J Amended/Accepted April 14 2004 7 Page 1 of 1 From: Ralph Mancinelli [ralphhis2@comcast.netj Sent: Monday, February 13, 2006 10:58 AM To: Dean Gokey Subject: Budget Oversight Committee ~.Shl~0 ~J M~. ~ GJ tr~-W1~O Jt~0. Dean Gokey Ralph F. Mancinelli 4500 Quay St. Wheat Ridge, CO 80033 Mr. Enos Gokey Wheat Ridge Councilmember District 11 February 13, 2006 Hi Dean: Ijust wanted to drop you a line in support of your concept for a "Budget Oversight Committee." With the preliminary budget being delivered in mid-year, there would be no down-time in getting it passed before the year's end. I feel it would be a help to those in this community who have had experience with this Cities budget and are interested in what direction we are taking, to have that opportunity to view this document as a group. Education on the revenue stream and proposal on how to use it teU an interesting story about the City. The bottom line is tbat City Council makes an the final decisions for every budget passed, not a committee. Respectfuny, Ralph Mancinelli 2/13/2006 Page 1 of I Patrick Goff ~t~ 7 M,t, ~ @ rv- V\AuA.~ Z(\:5/~0 From: Dean Gokey [egokey@comcast.net] Sent: Saturday, February 11, 2006 g' 37 AM To: Jerry DiTullio; Karen Adams, Karen Berry; Larry Schultiz; Mike Stites; Terry Womdle, Wanda Sang Cc: Patrick Goff; Randy Young; Pamela Andreson, Mary Jo Cavarra Subject: BOC motion I move to approve the formatIOn of a Wheat Ridge Budget Oversight Committee I further move that the City Manager's Office meet with the Mayor, Mayor pro tem and CouncIl President, to determine the structure, duties and implementation of the Budget Oversight CommIttee I further move that the Budget Oversight Committee be m place for the 2006 and 2007 budget years for the followmg reasons. 1. Establishmg the Budget OversIght CommIttee would fulfill one more of the recommendatIOns of the Blue Ribbon Panel 2 EstablIshIng the Budget OvcrsIght Committee IS consistent wIth the goals of the CIty Councils Strategic Plan for the City 3 The Budget Oversight Committee allows for a more open and transparent partnershIp between CItizens, Council and staff concerning taxpayer dollars 2/13/2006 /!fr/-?, J~'-t:r~ 6l?R~y ~hP~,,::A1f'~d7 &LJM,,4 JlI!J' .y;JJ L'- ;- _ /1 ~ c~ -'c,- ,; k4'neA _A~:'~Z 0-1:'&-<56"'7 :-~~.5,-,o>Y7 6/ e::-i.- J.:~+e/ a/r~~<<-/A... a.Af///t,,,~ 4:;/// ~ 5~/;?;? c'. r:::,y ~""-c/"? ~70/u' 5)-> ;~/v r s;. Mz---- /fii!P.A-/~ lee~/h;JY' ~?;;as.',,1C'/.>;'<n~:'e( ~/~k.r- 4t/tCY-:-dd ~e . avc/ /14;b~" cj;{;L-~- /?Z'Y'U- ,- ,:,uc'/;- ~e~ C~cc.j ~/ ~d:-> ~?k/Z ;;;{c /.r€~Se"'/L/T.r'l/?~... /. .' ' //~ ~?'~~~Cd/ uY./// 5///h4uC' ;.-;(Y?A~.qj L~ a... ;;{... ,0:,"+8/'7 /-L /~<w,- d2.,</;-~?- ~ /A!'~C7~":>cS"OO.. .&9''7' YU/(y. ;J<:"O-~ucG Page 1 of 1 Dean Gokey From: Ralph Mancinelli [ralphhis2@comcast.net] Sent: Monday, February 13, 2006 10.58 AM To: Dean Gokey Subject: Budget Oversight Committee Ralph F. Mancinelli 4500 Quay St Wheat Ridge, CO 80033 Mr. Enos Gokey Wheat Ridge Councilmember District 11 February 13, 2006 Hi Dean: Ijust wanted to drop you a line in support of your concept for a "Budget Oversight Committee." With the preliminary budget being delivered in mid-year, there would be no down-time in getting it passed before the year's end. I feel it would be a help to those in this community who have had experience with this Cities budget and are interested in what direction we are taking, to have that opportunity to view this document as a group. Education on the revenue stream and proposal on how to use it tell an interesting story about the City. The bottom line is that City Council makes all the final decisions for every budget passed, not a committee. Respectfully, Ralph Mancinelli 2/13/2006 \', ,,\~, '\ \- / , -" ;,' 'r,.'l ~ I move to --- 1. Have a budget presentation at the televised to'\Nn meeting. 2. Create a mailing list of those citizens that '\Nould like to be informed of any meeting, information, or information on ho'\N to be involved in the budget process. 3. Increase the number of public hearings on the budget. 4. Increase citizen participation by having smaller district community meetings '\Nith staff for information and participation. 5. As Council President, '\Nork '\Nith staff on an extended schedule for City Council budget meetings. G;>, ~_. L 0 C k. "'- '\ '^~ ev "" t\ /.f] "-, \..>C (' \:; <~S\ e \:~~,v'~'1 '\- .Lt.\.j...k- .i....:,......... \,~,~{_...... '_-, ~. DATE: February 13, 2006 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING 1 r r EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. r NAM~~~ ' ADDRESS AG~~TEM NO. )/ ;+<:;4' 0-ciF& AA.t f.OfJ tf(. L. b&~1!A PI, v