HomeMy WebLinkAbout02/21/2006
STUDY SESSION MINUTES
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
WHEAT RIDGE RECREATION CENTER
Dahlia Room- 4005 Kiolinq St.
February 21, 2006
Mayor pro tem Wanda Sang called the meeting to order at 7 00 P m
Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena
Rotola, Mike Stites, Larry Schulz, and Terry Womble Also present: Deputy City
Clerk, Christa Jones, City Manager, Randy Young, Deputy City Manager, Patrick
Goff; Chief of Police, Dan Brennan, Director of Public Works, Tim Paranto,
Director of Community Development, Alan White, City Treasurer, Mary Cavarra,
interested citizen
Item 1.
a)
Staff Reports.
Department Heads presented staff reports
Consensus was to bring an Ordinance to Council to allow the replacement of
signs as maintenance rather than reconstruction
b) Outside Agency Reports.
Councilmembers reported on Outside Agency meetings they had attended
Item 2.
Cabela's/Coors Project Update
Charles Kuechenmeister informed Council of the formation of the Longs Peak
Metropolitan District and gave background on the District's formation and
function This Item will come to Council on March 13, 2006 and is a quasi-
judicial matter
STUDY SESSION MINUTES February 22, 2006
Page -2-
Tim Leonard, Financial Development Manager, gave detailed explanation of the
various functions of the Metropolitan District and the financing for the total
project.
Alan White gave overview of upcoming developments for the project.
Mr Young asked that Item 4 be heard before Item 3 Council consented
Item 4.
Emergency Preparedness
Chief Brennan gave comprehensive report on the state of Emergency
Preparedness in the City of Wheat Ridge The report was part of the Agenda
Packet.
Item 3.
Mayor's Roundtable
Council discussed the Mayor's desire to develop a forum for the Mayor's
Roundtable
Mr Gokey left at 10.05 p m
Discussion included that after determining how successful these forums are,
funding for more elaborate meetings could be discussed at budget time
Consensus was that the Mayor conducts informal forums with the public The
public is invited to attend through word of mouth and City's newsletter Forums
could be conducted in any location and would not require funding
Meeting adjourned at 10.20 pm
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Christa Jones, Deputy City Clerk
\
Minutes are required for meetings where there is the possibility of some sort of
formal action Since Council does not allow any formal action at Study Sessions,
these Minutes are a brief description of what took place at the meeting
, "1;' -j'~
STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
WHEAT RIDGE RECREATION CENTER
Dahlia Room- 4005 KiplinQ St.
February 21. 2006
6:00 p.m.
Reception - Board and Commission Applicants
-~--~---
6:45 P.M.
APPROVAL OF AGENDA
Item 1.
a)
b)
Staff Reports
Outside Agency Reports
Note: This is an opportunity for Council Member
Representatives to Outside Agencies (DRCOG, WR2020,
CDBG, CML, JEC, WR Housing, etc ) to update the entire
Council on items of interest.
Item 2.
Cabela's/Coors Project Update
Item 3.
Mayor's Roundtable
Item 4.
Emergency Preparedness
BOARD AND COMMISSION APPLICANTS
2006
@2/13/06
RECEPTION RSVP
2006 DISTRICT I APPLICANTS
BOARD/POSITIONS NAME
Animal Welfare(1)
Jean Schilling requested r~~ew~1
- Roger ~Clker ____~\I\I~ppllcant
-Kathy Deitsch new applicant
BOA(1)
Betty Jo Page requested renewal
Building Code(1)
Kenneth Adams requested renewal
Cultural(2)
Ronald Gehauf requested renewal
Liquor Authority(1) --- -------
David Berry requested renewal
-Carolyn Peterson new applicant
Parks & Rec( 1)
-Ryan Eggelton new applicant
-Karen Grupe new applicant
Planning(1 )
Anne Brinkman requested renewal
-Davis Reinhart new_applicant
-new applicants
@2/13/06 2006 DISTRICT II APPLICANTS
BOARD/POSITIONS NAME
Animal Welfare(1)
Building Code(2)
Cultural( 1)
Liquor Authority(1)
Parks & Rec(2)
Erna Mcintyre
requested renewal
YES
YES
YES
YES
can't attend but will se If) ~ 17< T""DY\ ell J'
YES
YES
YES
Kent Davis
requested renewal
Charles Spielman
-Michael Snow
requested renewal
new applicant
_new applicants
@2/13/06 2006 DISTRICT III APPLICANTS
BOARD/POSITIONS NAME
BOA(1)
Building Code(1)
Parks & Rec(2)
Planning(1 )
Liquor Authority( 1)
Cultural(2)
Janet Bell
Ronald Abo
Richard Matthews
Jerry Scezney
Virginia Johnson
anew applicants
requested renewal
Itr not returned yet
requested renewal
requested renewal
will send in renewal
@2/13/06 2006 DISTRICT IV APPLICANTS
BOARD/POSITIONS NAME
Animal Welfare(1)
BOA(1)
Building Coder 1)
Cultural(2)
Cultural
Planning(1 )
Liquor Authority(1)
WR Foundation
WR Foundation
WR Foundation
Robert Hance
John Kellow
aLarry Linker
Geoffrey Wodell
Kim Stewart
aT racy Langworthy
Judith DiCroce
anew applicants
Donna Downing
aLesa Mullaney-Meeks
aBarbara Dellinger
anew applicants
requested renewal
requested renewal
new applicant
YES
requested renewal AT LARGE POSITION
requested renewal
new applicant
requested renewal
requested renewal
new applicant
new applicant
YES
YES
YES
STUDY SESSION
Item 4.
February 21, 2006
WHEATRIDGE POLICE DEPARTMENT
MEMORANDUM
FROM:
Mayor Jerry DiTullio and City Council
-:' ~). ---
Randy Young, City ManageJr" ~ r0l>r
Daniel G Brennan, Chief of Police VlI
TO:
VIA:
DATE:
February 14, 2005
SUBJECT:
SUMMARY
Emergency Preparedness
For the past year members of the Police Department have been reviewing the
City's Emergency Preparedness Plan, attended training and have actively
participated in several metro-wide and State committees in an effort to get a
better grasp on our emergency preparedness The purpose of this review was to
better understand what we had and what needs the community has from an
emergency preparedness perspective. Historically, the responsibility for
emergency preparedness has been delegated to the Chief of Police. Last year I
delegated operational emergency preparedness issues to the Support Services
Commander in an effort to stay abreast of the many local, state, and national
concerns
On January 1, 2000 the City of Wheat Ridge and the Police Department had in
place those functions it believed adequate to handle anticipated emergencies
that would affect the citizens of this community. The Emergency Operation Plan
for the City had been prepared to handle weather related events, i e floods,
snow storms, tornados, etc., and situations, such as gas leaks or a barricaded
gunman, which affected only a few square blocks. The Police Department
developed a very minimal Emergency Operations Center that amounted to a
cabinet with office supplies, some extra phone lines, and a big map of the city on
the wall in the department's Training Room Officers had been trained in the
Incident Command System, but had practiced it little. Citizens were told that they
should plan on being self-sufficient for a few days when severe winter storms
occurred and then everything would be okay
All of these plans were adequate for the twentieth century but September 11,
2001 and subsequent events have made many communities re-evaluate their
emergency preparedness plans and preparations. Efforts are now being made to
prepare the city for the possible dangers the twenty-first century presents.
There is certainly good news to report on emergency preparedness During the
past year the department has completed a radio system upgrade that provides
the City radio interoperability with surrounding jurisdictions; increased training of
our sworn personnel on emergency preparedness topics, and we continue to
work cooperatively with other agencies on emergency preparedness issues and
exploring new partnerships. On the other hand the department has an
Emergency Preparedness Plan that is basic in design and needs to be revised;
the City lacks some of the pieces for emergency notification, i.e. warning sirens,
the Emergency Operations Center needs to be upgraded; the City Code of Laws
addressing civil disasters and emergencies needs to be revised; and more
emergency preparedness exercises need to occur involving the police
department, City Staff, City Council and community stakeholders.
The purpose of this memorandum is to provide you with an assessment of the
City of Wheat Ridge's emergency preparedness status and considerations for the
future
NATIONAL INCIDENT MANAGEMENT SYSTEM
The Department of Homeland Security (DHS) has mandated that in order to
receive federal funds a governmental entity must adopt the National Incident
Management System (NIMS), which the Wheat Ridge City Council has done, and
comply with its requirements. These requirements apply across all phases of
incident management prevention, preparedness, response, recovery and
mitiqation. The City has received funds from the DHS for a new radio system.
There will be continuing opportunities to obtain funds from the DHS for
preparedness and training but it appears that funding for equipment will remain
limited and very competitive
While most emergency situations are handled locally, when there's a major
incident help may be needed from other jurisdictions, the state and the federal
government. NIMS was developed so responders from different jurisdictions and
disciplines could work together effectively when responding to natural disasters
and emergencies, including acts of terrorism. NIMS benefits include a unified
approach to incident management; standard command and management
structures, and emphasis on preparedness, mutual aid and resource
management.
NIMS requires that the members of the police department meet certain training
requirements, that the City utilize the Incident Command System during
operations, and that Emergency Operation Plans and Standard Operating
Procedures meet NIMS requirements. It also requires the use of Multi-Agency
Coordination Systems and public information systems - as well as requirements
for systems to improve interoperability among jurisdictions and disciplines in
various areas.
One of the most important 'best practices' that has been incorporated into the
NIMS is the Incident Command System (ICS), a standard, on-scene, all-hazards
incident management system already in use by firefighters, hazardous materials
teams, rescuers, emergency medical teams and law enforcement. ICS has been
established by the NIMS as the standardized incident organizational structure for
the management of all incidents. One of the requirements for implementing
NIMS is "institutionalizing the use of ICS, across the entire response system"
REGIONAL ISSUES
Experiences from New Orleans, Louisiana and Houston, Texas brought
emergency managers to the realization that hazards affect regions not single
municipalities. If a major incident was to occur in the Denver metropolitan area
the focus of emergency operations would probably be on the City of Denver.
Wheat Ridge and other surrounding jurisdictions might have to operate on their
own resources for some time, or in partnership with neighboring communities
based on agreements and practices put into place long before the disaster
occurred Wheat Ridge will undoubtedly be impacted by requests for mutual aid
from smaller surrounding communities.
Currently the City of Wheat Ridge participates in the Urban Area Security
Initiative (UASI), a Department of Homeland Security initiative for grants and
planning, is a member of the North Central Region of the Colorado Division of
Emergency Management; works and trains with the Jefferson County Office of
Emergency Management; and trains with and is exploring partnerships with
neighboring communities in Jefferson County as a means to address large-scale
events
TRAINING
NIMS requires that all command level officers, supervisors, and line staff meet
certain training requirements in order to provide a consistent, flexible and
adjustable framework within which government and private entities can work
together to manage domestic incidents, regardless of their cause, size, location
or complexity.
For the last year the police department has been sending its entire sworn staff to
Weapons of Mass Destruction Training, Incident Command System training, and
other specialized training directly related too emergency operations In 2006, the
department will have all officers trained in the National Incident Management
System as well as training for its command officers and supervisors in areas
such as pandemic disease and major incident management and recovery.
The Police Department has been an active participant in Jefferson County and
UASI Region emergency preparedness exercises. It has been recognized that
we must do a better a job of conducting annual table top exercises involving
other City Departments, as well as exercises for policy makers, i e City Staff and
elected officials.
EMERGENCY MANAGEMENT PLAN
Currently the Chief of Police and his Command Staff are in the process of
completely rewriting the Emergency Management Plan for the City of Wheat
Ridge. It was recognized that the plan must grow from its original basic and
generic form into a plan that meets NIMS requirements, but also is flexible and
specific enough to meet a multitude of possible emergencies that the community
of Wheat Ridge might realistically encounter.
The new Emergency Management Plan will be designed to deal with major
weather events, i.e. major winter storms, floods, and tornadoes, terrorist
incidents; hazardous material spills; major epidemics; technological disasters,
such as cyber-terrorism; and major criminal acts such as a barricaded gunman or
a school shooting The department will be using national accreditation standards
to assist in refining this plan. The plan will identify duties of all major participants,
public and private resources, and establish policy and procedures for a variety of
actions and events. The plan will strive to prepare the City to deal with a variety
of emergencies that could harm its citizens and its infrastructure
As we have worked on this plan it became apparent that a revision of Chapter 6,
Civil Disasters and Emergencies, of the City Code of Laws may be in order. Staff
is working with the City Attorney on the emergency plan and possible ordinance
changes.
EMERGENCY OPERATIONS CENTER
The current Wheat Ridge Emergency Operations Center (EOC) is located in the
department's Training Room and provides a minimal amount of resources for
staff to use to manage and support its personnel in the event of a major
emergency To properly manage a significant emergency an adequate EOC
requires a great deal of resources which include a multitude of technological
systems such as telephones, internet, ham operator systems, police radio,
computer aided dispatch displays, Geographical Information Systems (GIS);
public and closed circuit television; and human resources to operate command,
operations, logistical, financial issues, planning, and public information. As we
learned during the Hurricane Katrina and Rita incidents these operations must
have resources to operate for days and possibly weeks.
The Police Command Staff is in the early stages of assessing the current EOC to
determine its size and location, what resources need to be added, and the costs
involved in making the center functional. In addition, City Council should be
aware that the department is exploring the possibility of partnering with the City
of Lakewood in developing a joint EOC. Lakewood is currently planning on
moving their EOC from its current location and is determining size and resources.
A joint EOC would establish operational teams that would work together to deal
with events that would likely effect both cities. Combined teams would free
human resources for operational and long term duties. A joint EOC would be a
cost sharing and savings venture for both communities. On February 22, 2006
Lakewood and Wheat Ridge will conduct a joint training exercise to determine
the feasibility of this partnership.
The department is waiting for information from the City of Lakewood on the costs
for our participation in a joint EOe. Once these costs are received the
department can make an informed recommendation to City Council.
EMERGENCY PREPAREDNESS NOTIFICATION SYSTEMS
In any emergency or disaster it will be incumbent on government to notify its
citizens of the dangers involved and a proper course of action for them to take.
There are four basic systems to warn the community; television and radio,
reverse telephone notification systems, outdoor warning systems, and house-to-
house notification by personnel.
Television and radio are an excellent system of notification because modern
society is used to receiving daily information from these sources Its downfall lies
in that reports are usually focused on the largest and hottest issues, not a
community's specific problem When landlines are down and power is out this
type of communication will not be available except to those with battery powered
radios.
A Reverse E-911 telephone system is available and has been used by this City
for limited area notifications. They do take time to reach all homes and there is
no guarantee, in a mass incident, that news will reach a large population
effectively This system is also dependant on having landlines up and
functioning
A community, like Wheat Ridge, that has large parks and greenbelts, has many
citizens who are not near other sources of information, but still need to be
warned of impending dangers. An outdoor siren/radio notification system,
currently in use by neighboring jurisdictions, can notify both citizens' outdoors
and persons without power, of impending dangers and actions that can be taken
to enhance their safety The police department recently submitted a grant for
such a system and learned last week that it was not approved Although the
department will continue to look for other grants to fund an emergency siren
system it might be prudent to look at other capital means to purchase such a
system A system of this nature, for this city, would cost about $318,000, not
including annual maintenance costs
The last notification system is having personnel go house to house to notify the
community This is a tried and true method but depending on the emerging
event and with limited personnel resources it is not always a practical solution.
RADIO INTEROPERABILlTY
NIMS requires that during an event all involved agencies be able to communicate
effectively and directly with each other. In the past the inability of emergency
operations to communicate has led to significant issues in the proper resolution
of incidents Through a 2005 UASI grant the City of Wheat Ridge received
funding for a new radio system, which has been installed and is currently
operational. The project will be completed later this year when a new radio
antenna for the system begins transmitting from Mount Morrison. It is anticipated
that this new antenna will meet the standard of providing 95% radio coverage
throughout the City. AdditIonally, this system will allow communications with
numerous agencies that the city may be dealing with during an emergency event.
The move to a new radio system has impacted our ability to receive and send
radio communications via portable radio at two locations. the Municipal Center
and Wheat Ridge Middle School The department will use remaining funding
from the UASI grant and the radio contingency fund to install a bi-directional
amplifier (BOA) in the Municipal Center to improve portable radio coverage
Funding for Wheat Ridge Middle School BOA will have to be determined later this
year
EVACUATION ISSUES
On September 22, 2005 hundreds of thousands of people, along the upper
Texas Gulf Coast, were stuck in their cars fleeing Hurricane Rita. If some type of
impending emergency should call for the evacuation of the Denver metropolitan
area a similar situation could occur. The North Central Region of the Colorado
Division of Emergency Management, UASI, neighboring jurisdictions, and the
City of Wheat Ridge Police Command Staff are aware of these issues and are
currently working on formulating plans that would address many of the problems
which occurred in Texas last year Again, it is important to recognize that the
City of Wheat Ridge is one community in much larger metropolis While we have
basic evacuation plans for our City, these plans will not work if there is not a
coordinated metro-area plan for mass evacuation.
PANDEMIC THREATS
A pandemic is an epidemic, an outbreak of a contagious disease that spreads
rapidly and widely, over a wide geographic area and affecting a large proportion
of the population.
The most recent pandemic "threats" occurred in 1997 and 1999. In 1997, a few
hundred people became infected with the avian AlH5N1 flu virus in Hong Kong
and 18 people were hospitalized. Six of the hospitalized persons died. The
current pandemic threat is similar to the 1997 event in that it involves the avian
H5N1 flu virus, which has now spread into Europe. The World Health
Organization reports that as of February 13, 2006 there have been 169 cases of
human infection from this virus resulting in 91 deaths. This is a small number of
cases occurring from direct contact with infected birds and not from human to
human contact. The current fear is that if this virus will evolve to the stage of
spreading from human to human to become a pandemic.
Whether this current situation develops into a pandemic or not it is still incumbent
to plan for a disease oriented epidemic to minimize the risk and aid in the
recovery from such an event. Issues facing the City of Wheat Ridge involve how
to quarantine large portions of the population, how to protect a regional hospital
within its jurisdiction, and how to provide for the families of its workers to allow
them to serve and protect the community In developing the Emergency
Management Plan for the city the Police Command Staff is looking at these
issues in order to plan for and be ready for such an event. The bottom line is that
a lot of public education needs to take place because this community does not
have the personnel resources to quarantine a City
RESOURCES
Here are a series of questions I repeatedly ask of myself and Command Staff. In
a large scale emergency event how many of our sworn and non-sworn personnel
can we count showing up for work? Do we have the equipment resources to
handle a chemical, biological, nuclear or explosive event? Do we have the
resources to house and feed them? Do we have the resources to house and
feed employee families? Can this department meet the needs of a large regional
hospital if a pandemic event occurs?
The answers to many of these questions depend on the nature and complexity of
an event. Lessons learned to date seem to indicate that public safety employees
need to know that their families are being taken care of during major events If
no plans are in place to provide for the families of emergency workers, they may
not respond
The department is also evaluating the need for an Emergency Operations
Communication vehicle and will need a new SWAT vehicle in the near future
EDUCATION
Educating the public about emergency preparedness is very important. There is
considerable information available to the public through the Department of
Homeland Security and the Colorado Department of Emergency Management.
Much of this information is accessible via the internet. The department remains
committed to providing education on emergency preparedness to community
members
In addition, the department worked cooperatively with the City's Information
Technology Section to include information on emergency preparedness on the
City's website This information can be accessed at:
http.llwww.ci.wheatridqe.cous/GovSlte/default.asp?servicel D 1 = 1623&Frame= L 1
CONCLUSION
In an emergency the citizens of Wheat Ridge will have the same expectations of
local government as the citizens of a major metropolitan city such as New York.
The staff of the Police Department remains committed to training, planning,
engaging in partnerships, and utilizing current resources to provide the best
services possible to the community
As you can see there are a number of unmet needs that will require financial
resources to complete The Police Department will continue to look for federal
grant dollars to assist in funding our needs; but the reality is we are one of many
communities that compete annually for funding. With that in mind, it is important
to remember that our efforts may fall short without the financial means required
to obtain funding necessary to protect the citizens and infrastructure of the city
Nonetheless, the department remains committed to developing a robust and
responsive emergency preparedness plan.
Longs Peak Metropolitan
District Service Plan
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WORLD'S FOREM()ST OtJTFITTEa"
IT 1111"I11K . F;-<I,mfl. . ()ulrluQr (;mr
Project Financing
$174.0 Million - Total Project City Sales
Lv
$42.1 Million - Cabela's Tax - 3%
-
I{> $4 5 Million - Wheat Ridge 1%
Lv $763 Million - Tax Exempt Bonds 1%
Lv $46.2 Million - PIF (1 4%) 1%
Lv $30 1 Million - City Sales Tax (1.2%)
o $4.3 Million - Taxable Bonds
1
Project Financing
$174.0 Million - Total Project
l-{> $46.4 Million - Other Sources
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$144 Million - Phased Improvements
$130 Million - COOT
$100 Million - Jefferson County
$9 0 Million - Federal Government
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8
Plan Approval Process
Tentative Timeline
· Neighborhood Meeting
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· Submittal/Staff Review/Resubmittal
- Amended Outline Development Plan
- Final Development Plan
- Final Plat
- Street Width Designation
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Plan Approval Process
Tentative Timeline
· Planning Commission Hearing
- Amended Outline Development Plan
- Final Development Plan
- Final Plat
· City Council First Reading
- Amended Outline Development Plan
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9
Plan Approval Process
Tentative Timeline
· City Council Second Reading/Public
Hearings
- Amended Outline Development Plan
- Final Development Plan
- Final Plat
- Street Width Designation
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10
City of Wheat Ridge
Office of City Manager
Memorandum
STUDY SESSION
Item 3.
February 21, 2006
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TO
Mayor and City CouncIl
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GRandy Young,'tftY'Manager
Barbara DelgadIllo, Assistant to the City ManageP
THROUGH
FROM
DATE,
February 13,2006
SUBJECT.
Mayor's Roundtable Forum
The Mayor has expressed hiS deslfe to develop a "Mayor' s Roundtable Forum" during 2006. The roundtable
forum IS an opportumty for the Mayor and elected offiCials to open up diSCUSSIOns With the communIty on
vanous city Issues. Proposed months for the Forum are March. June, September and December
In looking at thiS Idea. staff developed the follOWing three optIOns.
The Mayor conducts mfonnal forums with the pubhc The pubhc IS inVited to attend through word
of mouth and the clty's newsletter Forums could be conducted m any locatIOn and would not
reqUIre funding.
2. Develop program orgamzation and video tape the forums. The pubhc would be inVited to attend
through word of mouth. the City'S newsletter and through viewing on channel 8 Forums would be
conducted in the CouncIl Chambers. Cost would vary dependmg on options selected by CounCil
and length of program (approximately $2.500 each).
3 Develop a city pubhc outreach program. The pubhc would NOT be mVlted to attend due to filming
locatIOns. but would be mfonned of program playback through word of mouth. the city's newsletter.
through vlewmg on channel 8 and promotional mfonnation. The pubhc would be encouraged to
comment when apphcable. Forums would be conducted m a profeSSIOnal studiO or out m the field.
Cost would vary depending on program location. length and degree of compleXity (approximately
$7.000 each).
Cost optIOns
Studio
Sound
Edltmg
B roll footage
Videographer
Lighting
Scnptmg
If optIOn two (2) or three (3) IS of mterest to Council. a program orgamzatlOn would be developed, The
orgamzatlOn would mclude tOpiC development, scnpt development, and staff assIstance bas cd on some basIc
foundations. As an example, those foundatIOns could include'
The purpose of the Forum'
;... To provide a forum for the Mayor and CounCIl to exchange and share useful InfOrmatiOn With the
communIt) In a consIstent manner
,. To educate the commumty on Issues affecting the CIty and encourage public mvolvement.
,. To assist In developIng stronger partnershIps with the community through Increased communications.
,. To provIde a vehicle In which the city can remam transparent.
Program development:
;... ThIS program wIll serve as a JOInt Mayor and Council public outreach program.
,. Topics Will be developed Jointly by the Mayor, City CouncIl With staff
,. Scnpts wIll be developed and proVIded for each program. Program scnpts develop Ideas. layout program
content and length.
ThiS Issue has been respectfully submitted for the purpose of dialogue and to determIne the Interest. Ifany. In
further developIng the optIOns.
fbd
City of Wheat Ridge
In this space there is a large scale map that could not be scanned at
the this time. Please see the Wheat ridge Clerks office if you would
like to see the map.
CML
ItUl.u;r'lml\'J IIWIIiII:H..:Ntill::l
1144 Sherman Street. Denver, Colorado 80203-2207. Phone (303 )831-6411, Fax (303)860-8175 . gEl~.cmLQrg
MEMORANDUM
TO: Members of the Colorado Senate
FROM: Geoff Wilson, General Counsel
SUBJECT: CML Opposition to SB 06-156, Concerning the Definition of "Fees"
DATE: February 20, 2006
CML RESPECTFULLY URGES A "NO" VOTE ON SB06-156
SB..15() proposes to alter well-estabhshed Colorado law regard111g how "fees" and "taxes" are
defined, ThIS dlstlllctlOn has major slgmficanee for the state and local governments III Colorado.
as taxes reqlllre a TABOR electIOn pnor to their llnposltlon. while fees do not. SB 156 IS 111-
conceived and necessary; we urge a "No" vote on thiS legislatIOn.
What's Behind SB-156'?
Recently. Doug Bruce filed hIs latest lawslllt agamst the City of Colorado Spnngs. argumg that a
couple of CIty fees were actually "taxes," and thus were vOId, as they had heen Imposed without
a TABOR election. In December 2005, Bruce lost his case 111 the Court of Appeals. Shortly
thereafter, SB-156 was lI1troduced, seekIllg to change Colorado law III Illle with the posItion
unsuccessfully argued by Bruce m the Court of Appeals, Bruce contmues to try to Will his case
III the Judicial branch. havmg sought revIew III the Colorado Supreme Court.
Fees and Taxes: Legal Background
The legal dlstmctlOn between fees and taxes was estabhshed before Colorado voters adopted
TABOR. Bluom v Fort Collins, 704 P.2d 304 (Colo 1990) Taxes are general revenue ralsll1g
levies, while fees are calculated to defray the cost of a partlcldar governmental service Courts
have said that It doesn't matter what the govenm1ent calls a charge, It IS the "nature and
functIOn" of the charge, III the real world, that detennllles ItS charactenzatlon as a fee or a tax
Westrac v Walker Field, 812 P.2d 714 (Colo App 1991) For example, Colorado courts have
smd that a speCial fee can be IIlvahdated as a "tax" If ItS pnnclple purpose IS to raise revenue for
general mumclpal purposes, rather than to defray the service 111 connectIOn With whIch the fee IS
Imposed. Bloom
(over)
Why We Are Urging A "No" Vote On SB-156
. As mtroduced, SB-156 would have reqUIred an electIon before the levy or
lIlcrease of VIrtually every state and local government fee m Colorado The
Senate Local Government stnppcd thIs remarkable language out of the bIll,
however, It could easIly be re-mserted m the House We recommend klllmg thIs
bIll, to kcep that from happen mg.
· There IS no record of local elected officIals m Colorado abusmg theIr dIscretIOn to
rely on fees to support partIcular governmental servIces. The fact that a feVv anti-
government activIsts are unhappy does not prove that there IS a problem.
. In addItion to stnppmg the cntlcal sectIon out of the bIll, the Senate Local
Government CommIttee voted (4..3) to make the bIll apphcable solell to
mUlllclpahtles. ThIS makes no sense at all Whatever you may thmk about the
substance of the bIll, there IS SImply no logIcal reason for applymg a separate
legal standard to mumclpahtles for what IS a fee and what IS not.
. Any Isolated cases of pohtlcally unacceptable fees m mumclpahtles may bc
addressed through electIOn or recall of local offiCIals, or reversal of the fee levy
through the locallmtlatlve process ThIS bIll IS unnecessary
. Any effort to broaden the scope of the TABOR amendment's electIOn
reqUIrements, adopted by the people m 1992, should be referred to the people
dIrectly The constitutional amendment process should not be SIdestepped by bIlls
such as SB..156
. The law m thIS area IS clear and has worked well for many years SB-156 wIll at
best add redundancy to current la\\, or worse, create uncertamty and amblgUlty
Let's not go there
For the foregomg reasons, the League respectfully urges a "NO" vote on SB-156
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