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Home My WebLink About06/25/2007 6:30 p.m. Pre-Meeting ~~!,,~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 25. 2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF June 11. 2007 PROCLAMATIONS AND CEREMONIES k,,,,,,, atDid':' '-"'0' PO,'''!la ;' ;., ,"':A~~J"~'1ihG~Jil';""'o"", IVVJ1,e"o. qe", ,"""re nnlf;l9,!:il;!g,eJJJ"'kl~'<l~,1:t<ht\ilJ1" I""'" ".a?l::< "'W",l:>,:" "", ," ",. """"I ~.I\~:J';;;Wfl"<5~},\ilr:~1 ,,~.c\':i!'lrotrQI' 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 19-2007 - A RESOLUTION AMENDING THE 2007 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $229,595 FOR MARKET ADJUSTMENTS TO EMPLOYEE COMPENSATION PLANS. CITY COUNCIL AGENDA: June 25, 2007 Page -2- B. RESOLUTION 20-2007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING AN INTERGOVERNMENTAUJOINT USE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE R-1 SCHOOL DISTRICT FOR THE USE OF THE WHEAT RIDGE HIGH SCHOOL SPORTS FIELDS. C. RESOLUTION 21-2007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A JOINT VENTURE GRANT AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE 2007 OPEN SPACE BUDGET TO REFLECT FUNDS RECEIVED FROM JEFFERSON COUNTY OPEN SPACE FOR THE PURPOSE OF CONSTRUCTING SYNTHETIC TURF FIELDS AT WHEAT RIDGE HIGH SCHOOL IN THE AMOUNT OF $300,000. D. RESOLUTION 23-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE NOT TO EXCEED AMOUNT OF $19,500.00 FOR KEN FELLMAN OF KISSINGER & FELLMAN TO SERVE AS THE CITY'S LEGAL COUNSEL FOR QWEST FRANCHISE NEGOTIATIONS. E. RESOLUTION 24-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $3,675 FOR TELEVISING PLANNING COMMISSION MEETINGS ON WHEAT RIDGE CHANNEL 8 GOVERNMENT ACCESS CHANNEL. F. RESOLUTION 25-2007 -A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $7,500.00 FOR CONTRIBUTION TO THE 2007 WHEAT RIDGE CARNATION FESTIVAL. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 10-2007 - AN ORDINANCE AMENDING SECTION 26- 711 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE REGULATION OF BILLBOARDS, Item 3. COUNCIL BILL 11-2007: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-231 CONCERNING THE LICENSING OF MASSAGE THERAPISTS TO PROVIDE FOR THE PROVISIONAL LICENSING OF MASSAGE THERAPISTS. CITY COUNCIL AGENDA: June 25, 2007 Page -3- Item 4. Item 5. Item 6. Item 7. Item 8. COUNCIL BILL 12-2007: AN ORDINANCE AMENDING REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND INCREASING HIS BENEFITS AND HOURLY COMPENSATION. COUNCIL BILL 14-2007 -AN ORDINANCE AMENDING CHAPTER 16, ARTICLE III, SECTIONS 41 THROUGH 43 OF THE CITY CODE CONCERNING MISCELLANEOUS OFFENSES. COUNCIL BILL 15-2007 - AN ORDINANCE ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO 976.41 OF THE CODE OF FEDERAL REGULATIONS. RESOLUTION 22-2007 - A RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN (CASE NO. WPA-07-01) Public Input on 2008 Budget. ORDINANCES ON FIRST READING Item 9. COUNCIL BILL 16-2007 - AN ORDINANCE ADDING CODE OF LAWS SECTION 16-49 CONCERNING GRAFFITI. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT amy....!. ""."!:::"/.: -.s,'!'."',:!' " "; ,,' i.. < -,' ,- " , :' ',! '. '.;: " ': " ,-" .' '. !:. ' ,-',', ',' i', ,.'.',; '.. CITY OF WHEAT RIDGE, COLORADO June 11. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:03 p.m. Council members present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Community Development Planner, Travis Crane; Director of Public Works, Tim Paranto; Wheat Ridge Fire Chief, Jim Payne; staff; and interested citizens. APPROVAL OF MINUTES OF Mav 14. 2007 Motion by Council Member Sang for approval of the Minutes of May 14, 2007; seconded by Council Member Stites; carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read the Proclamation for Glory of God Lutheran Church 25th Anniversary of Naming the Church - June 17, 2007. Members of the church were present to accept the Mayor's proclamation. CITIZENS' RIGHT TO SPEAK Tom Shockley spoke in opposition to the Police Nuisance model and in objection to a number of the City's Codes. Mr. Shockley also voiced his concern for the increased spending he sees in the City. Dempsey Andrews and Mike Stebirtz spoke about some flooding issues near Chase Street between 32nd and 26th Avenues. Mr. Andrews and Stebirtz urged Council to make it a high priority to fix these issues. APPROVAL OF AGENDA Motion by Council Member Schulz to remove Item 12 from tonight's agenda and postpone the item to the July 9th, 2007 City Council Meeting; seconded by Council Member Rotola; carried 8-0. CITY COUNCIL MINUTES: June 11, 2007 Page -2- Item 1. CONSENT AGENDA A. RESOLUTION 16-2007 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN THE AMOUNT OF $6,602.50. B. RESOLUTION 18-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $22,716 FOR THE IMPLEMENTATION OF THE ADMINISTRATIVE MODEL PROCESS FOR NUISANCE ORDINANCE VIOLATIONS. C. Approval of Architectural and Site Design Manual. D. Approval of RFP-07-16 Marketing and branding Project to Communication Infrastructure Group, LLC in the not to exceed amount of $30,490.00. E. Approval of RFP-07-04 Voice Over Internet Protocol (VOIP) Telephony System to Milestone Networks in the Total Amount of $325,250.83. F. Approval of RFP-07-08 Insurance Broker Services to Insurance Management Associates, Inc. (IMA) of Colorado on a Commission Based Agreement. G. Ratification of the Metro Mayors Caucus Memorandum of Understanding. Consent Agenda was introduced and read by Council Member Stites. Motion by Council Member Stites for approval of Consent Agenda Items A. B, F, and G; seconded by Council Member Gokey; carried 8-0. Motion by Council Member Stites to approve Consent Agenda Item C; seconded by Council Member Sang; carried 7-1 with Council Member Gokey voting No. Motion by Council Member Stites to approve Consent Agenda Item D; seconded by Council Member Rotola; carried 7-1 with Council Member Sang voting No. Motion by Council Member Stites to approve Consent Agenda Item E; seconded by Council Member Rotola; carried 7-1 with Council Member Gokey voting No. CITY COUNCIL MINUTES: June 11, 2007 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING, Item 2. COUNCIL BILL 06-2007, AN ORDINANCE REPEALING AND RE- ENACTING ARTICLE VII OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO SIGN CODE. Mayor DiTullio opened the public hearing. Council Bill 06-2007 was introduced by Council Member Schulz on second reading. Mr. Schulz read the executive summary. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to continue Council Bill 06-2007, Case No. ZOA-03- 18 (Sign Code) until Monday, July 23'd, 2007, for the resolution of the following issues: 1. Number of portable signs allowed per multi-tenant building; 2. Time limitations for campaign signs; 3. "After Hours" illumination; 4. Requirement for dark background with light colored copy; 5. Potential incentives for monument signs; 6. Number of semi-public signs allowed per service organization. Motion seconded by Council Member Womble; carried 8-0. Item 3. COUNCIL BILL 07-2007, AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE FOR THE ZONING OF SOCIAL CLUBS, AND COUNCIL BILL 08-2007, AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS TO INCLUDE A NEW ARTICLE XI CONCERNING THE LICENSING OF SOCIAL CLUBS. (CASE NO. ZOA-06-05) Mayor DiTullio opened the public hearing. Council Bills 07-2007 and 08-2007 were introduced by Council Member Sang on second reading. Mrs. Sang read the executive summary. City Clerk Michael Snow assigned Ordinance Nos. 1387 and 1388. Alan White presented the staff report (attached to this packet). No citizens were present to speak. Jim Payne, Wheat Ridge Fire Chief, was on hand to answer questions from Council regarding occupancy and parking ratings for a facility. Mayor DiTullio closed the public hearing. CITY COUNCIL MINUTES: June 11, 2007 Page -4- Motion by Council Member Sang to approve Council Bill 07-2007 (Ordinance 1387) on second reading and that it take effect 15 days after final publication; seconded by Council Member Gokey; carried 8-0. Motion by Council Member Sang to approve Council Bill 08-2007 (Ordinance 1388) on second reading and that it take effect 15 days after final publication; seconded by Council Member Gokey; carried 8-0. Item 4. COUNCIL BILL 09-2007 - AN ORDINANCE AMENDING CHAPTERS 5 AND 21 OF THE CITY OF WHEAT RIDGE CODE OF LAWS CONCERNING CERTAIN CONTRACTOR'S LICENSES. Mayor DiTullio opened the public hearing. Council Bill 09-2007 was introduced by Council Member Schulz on second reading. Mr. Schulz read the executive summary. City Clerk Michael Snow assigned Ordinance No. 1389. Tim Paranto presented the staff report (attached to this packet). No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion by Council Member Schulz to approve Council Bill 09-2007 (Ordinance 1389) on second reading and that it take effect 15 days after final publication; seconded by Council Member Sang; carried 8-0. Item 5. REQUEST FOR APPROVAL OF A FINAL DEVELOPMENT PLAN AND A SPECIAL USE PERMIT TO ALLOW A DRIVE THROUGH FACILITY FOR PROPERTY LOCATED AT 3190 YOUNGFIELD STREET. (CASE NO. WZ-06-09 & SUP-06-08) Mayor DiTullio opened the public hearing. Item 5 was introduced by Council Member Adams who read the Executive Summary. Travis Crane, Community Development Planner, presented the staff report (attached to this packet). No citizens were present to speak. The applicant did not wish to comment. Mayor DiTullio closed the public hearing. CITY COUNCIL MINUTES: June 11, 2007 Page -5- FmalDev~opmentPmn Motion by Council Member Adams to approve Case No. WZ-06-09, for the following reasons: 1. The Final Development Plan is consistent with the Outline Development Plan. 2. The Final Development Plan meets the standards established in Chapter 26, Article III of the Wheat Ridge Code of Laws; Motion seconded by Council Member Stites; carried 8-0. Special Use Permit Motion by Council Member Adams to approve Case No. SUP-06-08 for the following reasons: 1. The proposed drive through will not contribute to blight in the neighborhood. The development of the property will be an improvement over existing conditions. 2. The use will not have a detrimental effect on the health, safety or welfare of persons in the area. 3. The building will be appropriately designed and all development standards listed on the Outline Development Plan have been made; Motion seconded by Council Members Stites and Womble; carried 8-0. ORDINANCES ON FIRST READING . Item 6. COUNCIL BILL 10-2007 - AN ORDINANCE AMENDING SECTION 26- 711 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE REGULATION OF BILLBOARDS. Council Bil/10-2007 was introduced on first reading by Council Member Sang. Motion by Council Member Sang to approve Council Bill 10-2007 on first reading, order it published, public hearing set for Monday, June 25, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Members Rotola and Schulz; carried 8-0. Item 7. COUNCIL BILL 11-2007: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-231 CONCERNING THE LICENSING OF MASSAGE THERAPISTS TO PROVIDE FOR THE PROVISIONAL LICENSING OF MASSAGE THERAPISTS. Council Bil/11-2007 was introduced on first reading by Council Member Adams. CITY COUNCIL MINUTES: June 11, 2007 Page -6- Motion by Council Member Adams to approve Council Bill 11-2007 on first reading, order it published, public hearing set for Monday, June 25, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect upon adoption at second reading; seconded by Council Members Womble and Stites; carried 8-0. Item 8. COUNCIL BILL 12-2007: AN ORDINANCE AMENDING REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND INCREASING HIS BENEFITS AND HOURLY COMPENSATION. Council Bill 12-2007 was introduced on first reading by Council Member Rotola. Motion by Council Member Rotola to approve Council Bill 12-2007 on first reading, order it published, public hearing set for Monday, June 25, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect upon adoption; seconded by Council Member Schulz; carried 8-0. Item 9. COUNCIL BILL 13-2007 - AN ORDINANCE DESIGNATING A STRUCTURE LOCATED ON THE PROPERTY AT 9201 W 44TH AVENUE AS AN HISTORICAL LANDMARK. (CASE NO. WHL-07-01) Council Bill 13-2007 was introduced on first reading by Council Member Schulz. Motion by Council Member Schulz to approve Council Bill 13-2007 on first reading, order it published, public hearing set for Monday, July 9, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Members Womble and Rotola; carried 8-0. Item 10. COUNCIL BILL 14-2007 - AN ORDINANCE AMENDING CHAPTER 16, ARTICLE III, SECTIONS 41 THROUGH 43 OF THE CITY CODE CONCERNING MISCELLANEOUS OFFENSES. Council Bill 14-2007 was introduced on first reading by Council Member Sang. Motion by Council Member Sang to approve Council Bill 14-2007 on first reading, order it published, public hearing set for Monday, June 25, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect July 1, 2007; seconded by Council Members Womble and Gokey; carried 8-0. Item 11. COUNCIL BILL 15-2007 - AN ORDINANCE ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO 976.41 OF THE CODE OF FEDERAL REGULATIONS. Council Bill 15-2007 was introduced on first reading by Council Member Stites. CITY COUNCIL MINUTES: June 11,2007 Page -7- Motion by Council Member Stites to approve Council Bill 15-2007 on first reading, order it published, public hearing set for Monday, June 25, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect upon adoption; seconded by Council Member Sang; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS Item 12. RESOLUTION 15-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR ADDITIONAL STUDY TO BE COMPLETED FOR THE WADSWORTH CORRIDOR SUBAREA PLAN IN AN AMOUNT NOT TO EXCEED $39,950.00. Item postponed to July 9, 2007 City Council Meeting. Item 13. RESOLUTION 17-2007 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, AND THE CITY OF WESTMINSTER FOR THE IMPLEMENTATION OF A COUNTY-WIDE DOG LICENSING PROGRAM. Resolution 17-2007 was introduced by Council Member Adams, who read the Executive Summary. Motion by Council Member Adams to approve Resolution 17-2007; seconded by Council Member Stites; carried 8-0. ELECTED OFFICIALS' MATTERS Council Member Rotola extended congratulations to all recent graduates of High School and College. Council Member Stites reminded citizens to "find it, and buy it" in Wheat Ridge. Mayor DiTullio thanked Wheat Ridge and Mullen High School graduates. He informed citizens that the last D.I.R.T. Task Force meeting will be June 20th, 2007 at 6:30pm in Council Chambers and that the Task Forces final decisions will be presented to Council at the July 16th, 2007 Council Meeting. CITY COUNCIL MINUTES: June 11, 2007 Page -8- Council Member Schulz informed citizens that he and Council Member Rotola will be organizing a District IV neighborhood meeting soon. Motion by Council Member Berry to bring to a Study Session within the next three months the Energy Conservation Intergovernmental Memorandum in order to explore how Wheat Ridge will implement energy conservation practices in the City; seconded by Council Member Schulz; carried 8-0. Council Member Gokey informed citizens that he and Council Member Sang will be holding a District /I neighborhood meeting in mid-August. Council Member Womble made a public apology to Council and the community for his recent behavior and thanked those members of his community who supported him. Meeting adjourned at 8:31 p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON JUNE 25, 2007 BY A VOTE OF _ to _ Mike Stites, Mayor pro tern The preceding Minutes were prepared according to 947 of Robert's Rules of Order, Le. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ~' _H,., ", ~ 0 - 0 u c C'Ol.OR;..Q9: ITEM NO: '" fi\. REQUEST FOR CITY COUNCIL ACTION ~"""'" ((, :';i"',"~i': ,~,'i-"'/{' ~":-_::~~):~ ,0' &!Ji"&.. ',~i{':,,'i>/~ "~;;,';L8t#tfr ~ In Wil COUNCIL MEETING DATE: June 25, 2007 TITLE: RESOLUTION 19-2007 - A RESOLUTION AMENDING THE 2007 BUDGET TO REFLECT UtE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $229,595 FOR MARKET ADJUSTMENTS TO EMPLOYEE COMPENSATION PLANS o PUBLIC HEARING o BIDS/MOTIONS IZJ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: 0 f2~!Jlf- IZJ No Ciry~~~ EXECUTIVE SUMMARY: A market analysis of 2007 salary ranges was completed for all City positions, and, as a result, the study indicated that the compensation plans require upward adjustments in order to remain competitive and within the percentiles the Ciry has established for each plan. As approved by City Council, the Ciry strives to remain at the 70th percentile ofthe market for Law Enforcement (sworn) positions and 55th percentile for all civilian positions. The overall increase proposed for these market adjustments is approximately 4.0% for civilian positions and 4.39% for law enforcement (sworn) positions. The adoption of the proposed 2007-2008 Compensation Plans would be effective on June 30,2007. Approval of this resolution meets GOAL I: Creating a Sustainable Ciry Government, Objective 4: Productive, Highly Motivated Workforce with Competitive Compensation. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Annual compensation plans market adjustments ALTERNATIVES CONSIDERED: No market adjustment for any or all ofthe compensation plans. FINANCIAL IMPACT: The adoption of the proposed 2007-2008 Compensation Plans with an effective date ofJune 30, 2007 for all positions would require an amendment to our current budget of $229,595. RECOMMENDED MOTION: "I move to approve Resolution 19-2007 - A Resolution Amending the 2007 Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of $229,595 for Market Adjustments to Employee Compensation Plans." or, "I move to table indefinitely Resolution 19-2007 - A Resolution Amending the 2007 Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$229,595 for Market Adjustments to Employee Compensation Plans for the following reason(s) " Report Prepared by: Reviewed by: Karen Croom, Human Resources Manager Patrick Goff, Deputy City Manager Attachments: 1. June 4, 2007 Memorandum - Compensation Plans - Market Acijustrnents 2. Resolution 19-2007 City of Wheat Ridge Human Resources Memorandum - .~:;-=-..--_.. ...,_._._~. "'^=""'" .._.._._-~--,~----= TO: Mayor and Council THROUGH: Patrick Goff, Deputy City Manager FROM: Karen M. Croom, Human Resources Manager DATE: June 11,2007 SUBJECT: Compensation Plans - Market Adjustments --------.--.- ..... . ... "..,,~.._,..' As you are aware, the City conducts annual market analysis on all of the City's positions for the purpose of determining what wages are generally prevailing in similar cities within the Denver metropolitan area. Thus these organizations include: Arvada Broomfield Castle Rock Commerce City Englewood Golden Greenwood Village Lafayette Lakewood Littleton Louisville Northglenn Thornton Westminster The market study for 2007 that was recently completed indicates our Compensation Plans require upward adjustments in order to remain competitive and within the percentile the City has established which is currently 70th percentile for Law Enforcement (sworn) positions and 55th percentile for all others. It has been determined that the overall increase necessary to remain at these competitive levels is 4.0% for civilian positions and 4.39% for sworn positions. This is .8% - 1.07% higher than the previous year's adjustment which may be attributed to the following: ~ There were two (2) organizations, City of Thornton and Town of Castle Rock, which took great strides to "catch-up" with the market trends this year and as a result, all of their positions received a significant percentage increase. ~ The common areas the market seemed to pay considerable attention to is the Engineering and Planning fields and as a result of this, our Planner I and Civil Engineer II received an above average upgrade. ~ In addition, our Economic Development Specialist and Assistant to the City Manager positions received a noteworthy increase as the result of an under estimate in their original salary range placement. In summary, should the Council approve the adoption of the proposed 2007-2008 Compensation Plans an amendment to our current budget would be necessary. With an effective date of June 30.2007. the additional amount needed was previously estimated to be $253,198. However, in reviewing our salary expenditures to date, this amount has been reduced to $229.595. AT I ACHMENT 1 RESOLUTION NO. 19 Series of 2007 TITLE: A RESOLUTION AMENDING THE 2007 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $229,595 FOR MARKET ADJUSTMENTS TO EMPLOYEE COMPENSATION PLANS WHEREAS, a market study reviewing 2007 salary ranges for all City positions was conducted, WHEREAS, the market study results indicate the City Compensation Plans require upward adjustments in order to remain competitive and within the 70th percentile for Law Enforcement (Sworn) positions and 55th percentile for all other positions as established by the City; WHEREAS, the City Council will continue to maintain a mid-year effective date for all employee compensation plans; WHEREAS, the City Council is committed to maintaining a productive, highly motivated workforce with competitive compensation; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2007 Budget be amended accordingly, specifically transferring $229,595 from undesignated reserves to the appropriate accounts in the various funds. DONE AND RESOLVED THIS day of June, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 2 ITEM NO: .II'~I - REQUEST FOR CITY COUNCIL ACTION ~<'<~. .- ~~0'\\>'1. · . t, ~'" ~-..c"J" ,~,. < I~" ~" ~~. n II un COUNCIL MEETING DATE: June 25, 2007 TITLE: RESOLUTION 20-2007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, APPROVING AN INTERGOVERNMENTAL/JOINT USE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE R-l SCHOOL DISTRICT FOR THE USE OF THE WHEAT RIDGE HIGH SCHOOL SPORTS FIELDS D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes IZI No f:i!:' R:!;:;:''i::;;,: / City~'1 EXECUTIVE SUMMARY: The Wheat Ridge High School community, together with residents and the City of Wheat Ridge have entered into a fund raising project to complete the construction of two synthetic turf fields to be located at Wheat Ridge High School. Synthetic turf fields, in comparison to sod fields will extend the hours of usage available to high school athletic programs, community youth groups and Parks and Recreation sponsored activities. The attached Intergovernmental/Joint Use Agreement between the City of Wheat Ridge and R-l School district addresses the construction, funding sources, scheduling and usage of both the synthetic turf fields as well as the remainder ofthe high school athletic fields and tennis courts. The City will schedule the use of the high school sports fields during non school hours and seasons for City sponsored activities and community youth groups. The school district will be responsible for the majority ofthe maintenance of the fields and facilities. These fields have a use life of 12-15 years. There is reduced maintenance on the fields and they do not require watering. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Parks and Recreation Master Plan recommends pursuing opportunities for joint use of school district facilities and specifically the new high school fields constructed at Pennington Elementary School, Everitt Middle School and Wheat Ridge High School. The addition of the synthetic turf fields when compared to sod fields allow extended use of the fields in terms of playable hours. The additional hours allow more usage and therefore add value to the existing inventory of fields. These fields have a use life of12-15 years. There is reduced maintenance on the fields and they do not require watering. The funds raised ($100,000) for the project by the school and community are being held in the Wheat Ridge Foundation. The City of Wheat Ridge donated funds ($50,000) to the project in 2006 and those funds are also being held in the Foundation account. Jefferson County Open Space is providing additional funding ($300,000) that is separate from the City's attributable share of Open Space funds received annually. R-I School District is funding an amount ($150,000) equal to the cost of the sod originally designed for the field construction. ALTERNATIVES CONSIDERED: To not adopt the Intergovernmental/Joint Use Agreement. .FINANCIAL IMPACT: The total cost of the project is $600,000 and the funding sources are listed below. There are no additional funds required from the City for completion ofthe project. Jefferson County Open Space City of Wheat Ridge Wheat Ridge Foundation R-l School District $300,000 50,000 100,000 150.000 $600,000 The fund raising efforts of the school and community are being held through the Wheat Ridge Foundation. The City of Wheat Ridge donated funds to the project in 2006 and those funds are also being held in the Foundation account. Jefferson County Open Space funds as defined by the IGA will be distributed to the City of Wheat Ridge. These funds will then be redistributed to the School District by the City. RECOMMENDED MOTION: "1 move to approve Resolution 20-2007 - A Resolution of the City Council of the City of Wheat Ridge, Colorado, Approving an Intergovernmental/Joint Use Agreement Between the City of Wheat Ridge and the R-1 School District for the Use of the Wheat Ridge High School Sports Fields." or, "1 move to deny approval of Resolution 20-2007 - A Resolution of the City Council of the City of Wheat Ridge, Colorado, Approving an Intergovernmental/Joint Use Agreement Between the City of Wheat Ridge and the R -1 School District for the Use of the Wheat Ridge High School Sports Fields." Report Prepared by: Reviewed by: Joyce Manwaring, Parks and Recreation Director Randy Young, City Manager Attachments: 1. IntergovernmentallJ oint Use Agreement 2. Resolution 20-2007 070625 CAF Adoption of IGA joint use agreement.doc INTERGOVERNMENTAL/JOINT USE AGREEMENT OF WHEAT RIDGE IDGH SCHOOL SPORTS FIELDS THIS AGREEMENT is entered into this _day of .2007, by and between the Jefferson County School District No. R-l, a political subdivision ofthe State of Colorado, (hereinafter referred to as "District") and the City of Wheat Ridge, Colorado (hereinafter referred to as "City"). References herein to the "School" shall include the District, acting through its designated representation at Wheat Ridge High School. WHEREAS, the District and City are authorized and empowered under Colorado law to acquire, develop, operate and maintain recreational sites and facilities for the students and residents within their respective jurisdictions and to contract with each other for such purposes, and; WHEREAS, the District and City signed a general joint use agreement June 25, 1979 that provides the general rules for joint use of the District's fields located within the City, a copy of which is attached hereto as Exhibit A and fully incorporated herein by this reference, and; WHEREAS, the District is making improvements to a sports field at Wheat Ridge High School, 9050 W. 32nd Avenue, Wheat Ridge, CO 80033 (herein referred to as the "High School") for the recreational benefit of the students and residents, and; WHEREAS, the City has agreed to participate financially in those improvements in return for access to and use of all the athletic fields at the High School; the multipurpose field and ternris courts adjacent to Everitt Middle School; and the softball and southwest multipurpose field adjacent to Pernrington Elementary School (herein referred to as the "School Sports Fields"); and WHEREAS, both parties desire to make the field improvements described below so additional use of School Sports Fields are available to the residents of Jefferson County. NOW, THEREFORE, it is mutually agreed by the parties as follows: Section 1. In consideration of the above premises, and in further consideration of Jefferson County Open Space (JCOS) agreeing to contribute up to a total of$300,000 via a Joint Venture Grant application from the City of Wheat Ridge for certain improvements, as described in Exhibit Ii, attached hereto and incorporated herein by reference, the District and City agree to upgrade a grass field to an artificial turf field at the School. Section 2. The District will plan, develop and construct an artificial turf field at the High School as depicted in Exhibit B. ATTACHMENT 1 Section 3. The projected funding to upgrade a grass field to an artificial turf field is depicted in Exhibit C. Section 4. and/or services: The District shall coordinate and fund the following materials A. Plan, develop and construct the field improvements to District standards. B. Perform all construction administration. C. Perform all upkeep, maintenance and repair on the artificial turf field. Section 5. The City shall obtain and transfer funds as follows: A. Submit a Joint Venture Grant application to JCOS requesting $300,000 for the development of an artificial turf field at the High SchooL In the event the City is unable to obtain the $300,000 from JCOS, this Agreement shall automatically be null and void. B. Upon receipt of the $300,000 from JCOS, the City shall transfer the $300,000 to the District within 60 days of the District's written notice to proceed to the contractor installing the artificial turf field at the High SchooL Section 6. To the best of Schooi' s ability, the School shall provide the equipment and personnel to ensure the artificial turf field is in playable condition at all times. Section 7. The School will have control and management of the School's Sports Fields. The School will schedule the School's Sports Fields during school hours. The City will schedule the School's Sports Fields during non-school hours. For non- school hours, scheduling priority will be given first to the School for school events. All remaining non-school hours will be the responsibility of the City to schedule all other field use. Field scheduling will be in accordance with Exhibit D. Field use scheduled by the City will be limited to City sponsored/associated athletic programs. The City will provide a list of City sponsored/associated athletic programs for the School's review at . the joint meeting in September, February and May. The School will conduct no third party permitting unless it is related to a student sports program. This third party permitting will be coordinated with the City's liaison and can only be permitted and scheduled by the School ifthe requested School Sports Field has not been scheduled by the City. Section 8. The School and City will each appoint a liaison to serve the interest of the respective organizations through communication and the coordination of schedules, as they pertain to field use. The two liaisons will adhere to the following meeting schedule to establish the specific needs and times for scheduling the fields, as -2- they relate to the current year. Joint meetings will be conducted monthly. These meetings will serve to communicate the upcoming season needs, wants, and/or concerns and to review the past months for opportunities for improvement. Section 9. The District will be responsible for the maintenance of all athletic fields and courts. The City may elect, but is not required, to assist the District with maintenance of the fields. The City's maintenance support will be approved and coordinated with the District's Landscape Services Manager. The City will fund the City's maintenance support. Section 10. The District and the City understand the need to take any or all grass fields out of service during part or all of the summer to insure fields are usable in the fall and spring. The District's determination to take a field out of service will take precedence over the City's perspective. The grass fields will be scheduled for use in accordance with their availability. The District's Landscape Services Manager and the City's Representative will meet no later than May 1 st to discuss the maintenance schedule and availability of the grass School Sports Fields for the upcoming summer. During the summer (June to mid-August), should the District find it necessary to take any or all grass fields out of service, the District will make every effort to identify an alternative location for the City to use. If the softball field is taken out of service, the District is not required to identify an alternative location for the City to use. The District will not attempt to identify alternative field locations if the Denver Water Board has declared drought conditions for the Metro Denver area and implemented watering restrictions. Section 11. The scheduled users will be responsible for trash pickup. Section 12. When the School determines the grass fields are not playable due to inclement weather or general condition, usage of the artificial turf field will be determined by the priorities stated in Section 7 for the activities scheduled for that day. The School's representative or Landscape Services Manager will advise the City representative when a grass field is determined to not be playable and post it accordingly. The City will be responsible for advising its scheduled users. If no High School activities are scheduled, the City will be responsible for rescheduling the City's activities on the artificial turf field. Section 13. In case of a snow event and if High School or City activities are scheduled for the School's Sports Fields, the School shall provide equipment and personnel to make a good faith effort to make the artificial turf field usable within 4 days after a snow event ends. The usage of the artificial turf field will be determined by the priorities established in Section 7 for the activities scheduled for that day. If no School activities are scheduled, the City will be responsible for rescheduling the City activities on the artificial turf field. Section 14. The City will not be required to pay a field use fee for the use of the School Sports Fields for the term of this Agreement. Section 15. To the extent permitted by law and without waiving any rights, defenses, or protections provided to either Party by the Colorado Governmental - 3 - hnmunity Act, each Party shall indemnify and hold the other harmless from all liability, claims, demands, or expenses (including reasonable attorney's fees) resulting from or related to any injury, loss or death, disease, property loss or damage, or any other losses of any kind whatsoever, that arise out of or are in any manner connected with that Party's use of the School Sports Fields, or the use of the School Sports Fields by that Party's licensees, invitees, or guests. Each Party agrees to investigate and, at the request of the indemnified Party, handle and/or defend against any such claims or demands at the sole expense of that Party, whether or not any such alleged claims or demands are groundless, false, or fraudulent. The foregoing indemnification shall survive the expiration or termination of this Agreement and shall inure to the benefit of the Parties and their successors and assigns. Section 16. Insurance: (a) The District and the City shall procure and maintain the minimum insurance coverage listed in this Section. Such coverage shall be procured from insurers which are authorized to do business in the State of Colorado and which maintain at least an A- rating in Best's Insurance Report or as otherwise approved by the District. All policies shall be issued as primary policies and shall contain an endorsement requiring thirty (30) days' written notice from the insurance company to both the District and the City before cancellation of any policy. Each party shall provide the other party with a certificate of insurance for each policy required under this Agreement which indicates the coverage and that the premium has been paid. Certificates of Insurance for renewal or new policies shall be provided to the other party not less than thirty (30) days before expiration of the existing policy. (b) The City shall maintain the worker's compensation insurance required by law covering the City employees working at or in connection with the City's use of the School's Sports Fields. The City shall also require all of its contractors and subcontractors to procure and maintain the workers' compensation insurance required by law covering workmen working at or in connection with the City's use of the School Sports Fields. (c) The City shall procure and maintain general liability insurance, including property damage liability, with a single combined liability limit of $2,000,000, insuring against all liability of the City and its directors, officers, employees, and agents arising out of or in connection with the City's use of the School's Sports Fields or the acts or omissions of the City or its employees or agents at the School. The District shall be named as an additional insured on the policy. By obtaining such insurance, the City does not waive any rights, defenses, or protections provided to it by the Colorado Governmental hnmunity Act. (d) The District shall procure and maintain general liability insurance, including property damage liability, with a single combined liability limit of $2,000,000, insuring against all liability of the District and its directors, officers, employees, and agents arising out of or in connection with the District's use of the School's Sport Fields or the acts or omissions of the District or its employees or agents. The City shall be named as an - 4- additional insured on the policy. By obtaining such insurance, the District does not waive any rights, defenses, or protections provided to it by the Colorado Governmental Inununity Act. (e) The City shall procure and maintain automobile comprehensive liability insurance with a single combined liability limit of $2,000,000 with respect to each of the City vehicles which is used by the City in connection with the City use of the School Sports Fields. (f) The Parties agree that the City's membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) satisfies the City's obligation under this Section. Section 17. Each party agrees to notif'y the other in writing of any claims or potential claims from damage or injury that come to its attention in connection with the usage of the site and facilities. Section 18. The term ohhis Agreement shall be ten (10) years from the date this agreement is signed by both parties. The scheduling of the School's fields at Pennington and Everitt per Section 7 shall not start before the District accepts the fields for occupancy at those locations. The scheduling of all other fields per Section 7 shall not start before the District accepts the artificial turf field. The obligations of the Parties herein are subject to annual &ppwp.;ation of funds. No multi-year fiscal obligation within the scope of Article X, Section 20 of the Colorado Constitution is created herby. In the event either Party shall not appropriate funds to meet its obligations in calendar (or fiscal) years 2008 and thereafter, this Agreement shall terminate as of the last day of the calendar (or fiscal) year for which funds have been appropriated by that Party. Section 19. Both parties agree that under certain circumstances this agreement may need to be terminated. The parties understand that they are expected to resolve all issues to the best of their ability. If it is mutually agreed that it would be in the best interest of both parties to terminate this agreement, the parties must provide in writing Goint signature) the reasons for termination to the Jefferson County Open Space Advisory Committee within 60 days after the City is no longer allowed to schedule the School's fields. Section 20. Any notice required or desired to be given under the terms of this Agreement shall bemailedbycertifiedmail.postageprepaid.returnreceiptrequested.to the party at the address set forth below: To the City: Joyce Manwaring Park and Recreation Director City of Wheat Ridge 4005 Kipling Street Wheat Ridge, Colorado 80033 - 5 - To the District: Manager, Real Estate Jefferson County District No. R-l 809 Quail Street, Building 4 Lakewood, Colorado 80215 Section 21. The terms of this Agreement maybe modified at anytime by the mutual consent and written agreement of the respective parties. Both parties agree that for the first three years of the Agreement that representatives of the District and City will meet annually before the anniversary date of the agreement to review the contents of this agreement. Section 22. This Agreement constitutes the entire agreement of the parties hereto. With the exception of the 1979 agreement between the parties attached hereto as Exhibit A. All of the agreements, terms, conditions, and covenants set forth in this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. Section 23. This Agreement may be executed in several counterparts and each such counterpart shall be deemed an original. Section 24. Neither party shall extend the faith or credit ofthe other to any third person or entity. Section 25. If any provision of this Agreement is determined to be invalid or illegal, such provision shall be deemed automatically amended as to conform to the law or if such amendment is not possible, such provision shall have no effect. In either event, the other provisions of this Agreement shall remain applicable to the parties and be given full effect. Section 26. In addition to any other remedies available by law and to the extent permitted by law, if either party fails to perform any obligation under this agreement for reasons within the party's control, the non-defaulting party shall have the right to obtain the specific performance of such obligation by the defaulting party, provided, however, this section shall not apply in the case of nonappropriation of funds as described in Section 18. Section 27. It is "'Al',,,,,sly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the District and the City and nothing contained in this Agreement shall give or allow any claim or right of action by any third person based upon this Agreement. It is the express intention ofthe District and the City that any person other than the District or the City receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. -6- Section 28. The parties agree to execute any additional documents or take any additional action necessary to carry out this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and date above written. City of Wheat Ridge, Colorado 7500 W. 29th Avenue Wheat Ridge, CO 80215 (303) 237-5900 By: Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM: Gerald E. Dahl, City Attorney JEFFERSON COUNTY SCHOOL DISTRICT NO. R-l ~~~ Name: ~J\.:. ~\Ml~ Title: Chief Operating Officer ATTEST: tr S$Afl ,/ dYu:ru Name: /rr!ne G.//eqD Title: Community Superllltendent -7 - -, EXl:t1>>IT A AGREEMENT THIS AGREEMENT, made this ~ I) rJ,- day of ~ 1979, by and between the JefferS~n'county sChoLL District R-lr hereinafter referred to as District, and the City of t"lheat Ridge, Colorado, hereinaf'ter referr~d to as City. No. Ii I T N E SSE T H: WHEREAS, the governing bodies of District and City are mutually interested in providing adequate educational and recreational facilities and programs to serve residents within their. common areas, and WHEREAS, both governing bodies are authorized by law to organize, promote and cond~ct community recreation programs; to establish playgrounds and recreational facilities; and to acquire,. improve, ITlaintai~ and operate such plaY.ground facilities within or.without theix respective boundaries, and WHEREAS I District and City propose to enter into one or more agreements for the common utilization of school and recreation fa9ilities at specific. sites in order to provide the maximum possible facilities and services for'the funds expended by either or both of them, NOW, THEREFbRE~ _District and City _.~5!.E.~.e to cooperate with one another !n.the acquisition, .development and use of school and recreational facilities and programs and .tQ engage in joint activities in the areas of planning, design, financ- ing,construction, use and maintenance of such facilities~ services and programs~ Pr~vided, however, that' prior to commencing any jOint activity or project City and District shall, for e~ch such activity or project, enter into a written agreement specifi- cally defining respective areas of responsibility of the two bodies; use -privileges for the_citizens of each; the manner of sharing expenses, if any; 'and all other details peCUliar to each such activity Qr project. In order to accomplish the foregoing and subject to said specific written agreement in each separate case, the parties hereto' agree as follows: 1. subject to the provisions of paragraph 3 below, District agrees to make available to the City school play- ground areas and related facilities suitable~ in the judgment of the District, for community recreation programs and activities. 2. District agrees to allow City to apply for and use school building facilities suitable, in the judgment of the District, for community recreation activities. Application for and use of such facilities sha11 be SUbject to and in accordance with District policies, procedures, rules and regulations now existing or hereafter adopted. 3. Joint use school/park complexes will be available to both agencies for educational/recreational. programs in accordance with the agreements for specific sites as described in the preamble of this agr~ement. The scheduling of use of District land, tog~ther with all developments. and improve- ments, apparatus ~nd facilities, now or he~eafter constructed thereon by ei thiar the District or the City shall remain solely available to the District for sChool.r-..educational, instructional or recreational purposes d~ring the hours of 7:30 a.m. to "S:30' p.m., Monday through Friday; and, unless otherwise provided by a separate use of facility agreement~ for all sanctioned school activiti~s-at ~ther times; as well as at such other times as may be mutually agreed by the District and the City~ Any conflict in the use of ~istzict property sha,ll be resolved .in favor of the District ,'s use. Those areas or facilities which under normal use would be considered to be of a parks or recreation nature shall receive priority use by the City, after District activities and usage. All use by the City and the District shall be -2- further subject to pre-existing agreements relating to such properties or facilities. 4. City will make available_~~ District for school events, activities or 'progra~s all City park and recreation facilities and areas which are suitable for said eVEaits, activities or programs. Such suitability for City facilities, not a joint use school/park comp~exl shall be determined solely by the City. Any conflict in the use of Ci ty property shall be resolved in favor of the City's use. 5. It is recognized that school Fr9perties and ~acilities are intended primarily for school purposes and for the benefit of children of school age. It is therefore agreed that, in planning programs and sCheduling activities on school grounds, the educational and recreational needs and opportunities of such children will be well prpvided for and adequately protected, in the judgment of the District. 6. A schedule of dates for the use of the District school facilities, exclusive of joint school/~ark com~lexes, will be worked out in advance by the City and this schedUle will .be so arr~nged ..as to ~void conflict between District and City use. In the schedul~ng of said facilities, District events and programs shall include but n~~~e~ limited to activities of affiliate organizations such. as par~nt/teacher organiz.ations,. Distr,ict appoint~d citizen groups, scouting organizations and 'such other groups or users which" are associated with..the.school or District or which have historically used the District's facilities. 7. A schedule of dates for the use of the City park and recreation facilities, exclusive of joint use school/park complexes, will be worked out in advance by the District and this schedule will be so arranged as to avoid conflict between City and District use. In the scheduling of said facilities, Ci~y activities shall have first priority and school events -3- and programs shall have second priority, and any other events by other groups or agencies shall have third priority. 8. It'is'mutually understood and agreed that the 'District and the City each ass~es ~o responsibility for the supervision of activities, events or programs sponsored or conducted by the other. During the period any property is being used by the District or the City 'in a 'sponsored activi~t eve~t or progr~t the using entity in each instance shall be responsible for such areas and facilities, shall bear the cost of all necessary supervisory and instructional personnel and shall have enforced at all. times a valid property damage and pUblic liability insurance policy, covering such areas and activities, in an amount at least equal to $100,000.00 for injury to one person and $300,000.00 for injury 'to two or more persons in any single occurrence. Each party shall hold the other I its officersl agents, servants, employees and those acting on its behalf, while acting as such, harmless and free from liability for all damages, .costs or expenses I including reasonable attorneys' fees and legal costs, which any of them shall become obligated to defend or pay by reason of liability alleged or imposed by law because of damage to property or inj~ry_to or death qf persons, received or suffered by reason of or during the operation of each respective party's programs or activities or from its use_ of the property or facilities. Each party shall be responsible to the other for any and all damages to the other's property or facilities proximately caused as a result of any use or activity conducted by the District or the City. Each party agrees to promptly notify the other of ,any claims or potential claims from damage or injury that comes to its attention in connection with the usage- of the otherls property. -4- 9. City will furnish and supply, or cause to be furnished and supplied, all expendable materials necessary for carrying on the comm~,ity recrea~ion programs under- its supervision. 10. District will furnish and supply, or cause to be furnished and supplied, all expendable materials necessary for carrying on the education~l and recreational programs under its supervision. 11. City or District may install:. spriI;lkle3:7. sy~tems, turf, playground equipment, fencing and additional recre- ational equipment consistent with educational and recre- ational use, on areas mutually selected and agreed upon by both parties. Payment of expenses shall be as, agreed upon prior -to the commencement of such installation as outlined in the agree~ent for specific sites as described in the preamble of this agreement. 12. Each party agrees to submit to the other all plans and specificat~ons for the placement of all equipment, facilities and permanent improvements upon all joint use school/park comple~es as well as the typel_design and con- struction thereof ih ord'er to promote compatible usage by both parties, insofar as is feasible j..g..""~t:.he judgment of the party whose property is affected. 13. The cost of maintaining said improved .areas shall be governed by the agreement for the specific site as described in the preamble of this agreement by City and District as determined by the relative use of said areas} andz further I City and District agree to maintain such areas in good condition during the periOdS of their respective responsibility. Agreements regarding the relative use of these areas by District and City and the cost involved in the maintenance thereof shall be considered annually far budgetary purposes. -5- 14. Any permanent.improv nents OJ: equipment installed or erected ori :D'istrict premis'f ' by City shall remain the property of CitJ and may be r noved if agreement for use of the areas is terminated. In .he event of such removal, said Dist.riot premises shall be 11 :t in at least as good condition as existed prior to the cons :uctiqn of sucfi impro~ements. However, at the City's optioj in lieu of r~~oval, the City may accept p~yment from the D. "trict for the current value of the impr(wemehts ,made' .by it In the event either the District's or :he City's use of my property Or facilities is terminated b_" reason of reque:. :ed removal hereunder or the termination..a; this agreement the cost of any improve- ments not 'reldca~ed or removed ana previously constructed pursuant to mutual agreement shall be reimbursed on the formula of the original-,-construction cost divided by the original useful life and the quotient thereof multiplied by the remaining useful life. 15. Any' permanent improvements or equipment installed or erected on City premises by District shall remain the property of the District-and may be removed if agreement for Use of. the areas is-terminated. In the event of such removal, said City premises shall be left in at least.---as good condition as existed prior to the construction. of such improvements. However, at the District's option, ).n lieu of removal, the District may accept payment from the City for the current value of the improvement made by it. City reServes the right to call for the removal or relocation of any improve- ments constructed upon its property by District within thirty (30) days after demand, provided, hQ\,ever" that the reasonable expense of any such removal. or relocation shall be shared equally between the parties. In the event either the City's or District's use of any property or facilities is terminated by reason of requested removal hereunder or -6- the termination of this agreem~~t, the cost of any improve- ments not relocated or removed ftnd previously construct~d pursuant to mutual agreement shall be reimbursed on the formula of ~~e original construction cost d~vided by the original useful life and the quotient ther~of multiplied by the rernaining.u~ul life. 16. The term of this agreement shall be for one {ll year and shall be automatically renewed for one {I] year terms ttlereafter, unless .the District '-or".:t:l"t-e ;City.. .qi.ves' ~ notice to the other of its intent not to renew this agreement prior to end of any such period.... Either party may at any time- terminate this agreement, upon giving, .in :writing,., to. the other party four (4) months' notice. Any. .'Cer.nti:natioo> '.' of this agreement shall not aff~ct any agree~ent for specifiC sites, which will be governed by the provisions -of the particular agreement involved. 17. Any notice required or desired -to be given under the terms of this agreement shall be delivered personally in writing ,or mailed by certified mail, postage prepaid, return receipt requested; to the party at the address set forth below: Ci ty: City of Wheat Ridge Colorad9,,~_ 7500 West 29th Avenue P.O. Box 638 Wheat Ridge _ Colorado 80033 District: Real Estate Department Jefferson County School District No. R-l 809 Quail Street Lakewood, Colorado 80215 18. Neither ,party shall extend the faith or credit of the other. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on their behalf. JEFFERSON COUNTY SCHOOL DISTRICT NO. R-l Attest: t7]/.;: ~ ~-"'~at;i ~y, Board of ~-on_7_ A::~~ClT11t" School Attorney " ' CITY OF WHEAT RIDGE, COLOAAlJO By: A~,:,,///~/ ~"~ At.t.est: ~;3hi/~1' City Cie~k I' ~. APPROVED AS 1'0 FORM /low- ,-,-,~: ~.,rVztff!" ,. h~./~ c~y Attorney ~8- EXlirnIT B WHEAT RIDGE HIGH SCHOOL FIELD IMPROVEMENT The upgrade of a grass field at Wheat Ridge High should result in a multipurpose artificial turf field marked for soccer. The surface area should be approximately 118,800 square feet. Construction will include a subsurface drainage system. The synthetic field and in-fill material will be permeable. This will allow the water to permeate the artificial turf surface and base material to enter the drainage system. Water will then flow through the multi-flow drainage system and away from the field. Minimum Specifications for the artificial turf surface are as follows (Excerpts from Wheat Ridge High School Synthetic Turf Fields, Construction Documents Project Manual, dated March 28, 2007, District Specifications, Section 02880, Synthetic Tufted Turf System): Oualitv Assurance: The synthetic tufted turf installer/manufacturer shall have the experience of at least ten (10) acceptable installations in the United States within thee past three years. Warrantv: Must provide full coverage for eight (8) years from the date of substantial completion. Must warrant that the materials installed meet or exceed the product specifications. Must maintain a G max of1l5-l40 for the life ofthe warranty per ASTM F-355. Must maintain the rate of drainage allowed by the outflow limits of the site. Materials (Base Bid): Shall be tufted, slit film polyethylene grass-like fabric coated with a secondary backing of high-grade polyurethane. The fibers shall be tufted to a finished pile height of approximately 2.0 - 2.5 inches. The turf fabric shall be filled with either a rubber and sand or all rubber intilL All components and their installation method shall be designed and manufactured for use on outdoor athletic fields. The materials as specified, should be able to withstand full climatic exposure in Denver, Colorado, be resistant to insect infestation, rot, fungus, and mildew; to ultra-violet light and heat degradation, and shall have the basic characteristics of flow through-drainage allowing free movement of surface run-off through the turg and pad where such water may flow into the field drainage system. The finished playing surface shall appear as mowed grass with no irregularities and shall afford excellent traction for conventional athletic shoes of all types. The finished surface shall resist abrasion and cutting from normal use. The installed system shall be ideal for football, soccer, lacrosse, baseball, softball, PE classes, intramurals and recreational use. Pile yarn (polyethylene) shall be a proven athletic caliber yarn designed specifically for outdoor use and stabilized to resist the effect of ultraviolet degradation, heat, foot traffic, water and airborne pollutants. Materials (Add Alternate): Add Alternate fiber shall be monofilament (mono or bi-color), multifilament, polyethylene. The fabric shall be coated with a secondary backing of high-grade polyurethane. The fibers shall be tufted to a finished pile height of approximately 2.25 - 2.5 inches. The turf fabric shall be filled with either a rubber and sand or all rubber infill. All components and their installation method shall be designed and manufactured for use on outdoor athletic fields. The materials as specified, should be able to withstand full climatic exposure in Denver, Colorado, be resistant to insect infestation, rot, fungus, and mildew; to ultra-violet light and heat degradation, and shall have the basic characteristics of flow through-drainage allowing free movement of surface run-off through the turf and pad where such water may flow into the field drainage system. The finished playing surface shall appear as mowed grass with no irregularities and shall afford excellent traction for conventional athletic shoes of all types. The finished surface shall resist abrasion and cutting from normal use. The installed system shall be ideal for football, soccer, lacrosse, baseball, softball, PE classes, intramurals and recreational use. Pile yam (Polyethylene) shall be a proven athletic caliber yam designed specifically for outdoor use and stabilized to resist the effect of ultraviolet degradation, heat, foot traffic, water and airborne pollutants. Manufacturers: No other products other than those listed below will be accepted: Field Turf SportExe Prestige System Sprint Turf DessoDLW Sport System Artificial Turf Supply Field Markinlls and Decorations: Field will have "inlaid" and/or painted game markings per approved shop drawings. "Shaved-in" inlays will not be permitted. EXtlJJiIT C WHEAT RIDGE HIGH SCHOOL FIELD IMPROVEMENTS Projected Funding for the Artificial Turf Field Jefferson County Open Space Jefferson County Public Schools, R- I Wheat Ridge Foundation City of Wheat Ridge Total Projected Funding for Project $300,000 $150,000 $100,000 50,000 (via Foundation) $600,000 EXtul>IT D wneat Ridge pa",' & R.cr.atlon - G.n....1 Fi.,d Us. ACC." Revised: 04-30-07 Q.,atll Rang!!. March - May March - May March - July March - June June - July Au9- Oct Au9 - Oct Au9 - oecember APril- october bocation I field tvpe pennington I soccer (southWest multi_purpose field) ~ort Rec soccer (spring) Qavs/1"ime~ M-F 4-Bp Sat Ba-5p g,ommel\ts (after meetina at WRH~ 1/1910 Should not be a problem APplication for Facility Use submitted Not available in spring due to Lacrosse Fields at WRl-IS may be available in future spring seasons. Should not be a problem APplication for Facility Use submitted Not available for use Should not be a problem APplication for Facility Use submitted Should not be a problem - Lacrosse field is also available for fan programming. ShOuld not be a problem - Lacrosse field is available in the fall Many options available for youth football for weeknight practices and saturday garnes, saturday games must be coordinated with WRl-IS games. west courts available sooner East courts also available in APril of 2007 Should not be a problem - Lacrosse field available prior to Comp soccer use. Facility specifiCS; . U~ of ",,,,, by M'.'of" So,"" "" '" <>P'" _ ""'" ~ -' """,,"''1 .-11 . p,'" ,-"" -"". ,_. '" - ,"",,~ ,"'- "" -"'""'" """"""",," ."", ",,.,,- . u~ of "'.""W"" m"".~ ,." . '" _" g_ "" "",,'"'' '" "'" "",w, Y.,", "" "0'"'' ",.. ,,,''''''' "" _" '" ..,_, '" "~ go" '" ""," ,II __ "" 0'.' ""","""" . U~ of WRHS WO"" '" pri""'.Y.' _"'..."" I",m' _"IP- " ",,"",," -",," ,."", . _""""'" .'_ "'" ,,'" _"'" bY" ",,.,, R_"" - 1- """ "''' AUgust - october Comp Soccer (spring) M-F 4-Bp Everitt I soccer pennington / softball BoYS baseball I Girls Sball M-F 5-9p Ib'~ ,"",,0. "",y ~" " '" _'" '" "",ro" ",""",'" b"" ,I'''''''''' Everitt Ibaseball BoYS Baseball M-F 5-9p WR\-\S I 'Track CARA 'Track Program M-F 8a _nOon pennington / Soccer Rec Soccer (Fall) M-F 4-8p (Southwest multi-purpose field) Sat 8a-5p Everitt I Soccer Comp Soccer (Fall) M-F 4-Bp WR\-\S I Football youth footban Sat games: 8a-4p Everitt I tennis courts 'Tennis M-F 5-8 pm M-F B-1pm M-'Th 2-5pm Everitt I soccer field MSSP Flag Football RESOLUTION NO. 20 SERIES OF 2007 TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, APPROVING AN INTERGOVERNMENTAL/JOINT USE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE R-t SCHOOL DISTRICT FOR THE USE OF THE WHEAT RIDGE HIGH SCHOOL SPORTS FIELDS. WHEREAS, the District and City are authorized and empowered under Colorado law to acquire, develop, operate and maintain recreational sites and facilities for the students and residents within their respective jurisdictions and to contract with each other for such purposes, and; WHEREAS, the City Council of the City of Wheat Ridge supports Strategic Planning and Strategic Plan Goal 3 supports Strong Partnership between City and Community, and WHEREAS, the District is making improvements to a sports field at Wheat Ridge High School, 9050 W. 32nd Avenue, Wheat Ridge, CO 80033 (herein referred to as the "High School") for the recreational benefit of the students and residents, and; WHEREAS, the Parks and Recreation Department provides youth sports programs, and joint use of fields will provide additional benefit to the community and department, WHEREAS, the City has agreed to participate financially in those improvements in return for access to and use of all the atWetic fields at the Hig,h School; the multipurpose field and tennis courts adjacent to Everitt Middle School; and the softball and southwest multipurpose field adjacent to Pennington Elementary School (herein referred to as the "School Sports Fields"); and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: The City of Wheat Ridge approves an Intergovernmental/Joint Use Agreement Between The City Of Wheat Ridge And The R-t School District For The Use Of The Wheat Ridge High School Sports Fields. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS 25th day of June, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 2 ITEM NO: LC I REQUEST FOR CITY COUNCIL ACTION ~'" ~:f:, ::\:>"c-:~<,';~';:: .- -~; ~'^~\~I~-.' ".' !1ftj. IIll UII COUNCIL MEETING DATE: June 25, 2007 TITLE: RESOLUTION 21-2007 - A RESOLUTION OF THE CITY COUNCIL OFltlE CITY OF WHEAT RIDGE, COLORADO, AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A JOINT VENTURE GRANT AND APPROVING A SUPPLEMENTAL APPROPRIATION FOR THE 2007 OPEN SPACE BUDGET TO REFLECT FUNDS RECEIVED FROM JEFFERSON COUNTY OPEN SPACE FOR THE PURPOSE OF CONSTRUCTING SYNTHETIC TURF FIELDS AT WHEAT RIDGE HIGH SCHOOL IN THE AMOUNT OF $300,000. o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicia!: o Yes IZ1 No d,.t,L i.Vh / and Recreation Direct~ G?tJeurCt City Managt (f EXECUTIVE SUMMARY: The Wheat Ridge High School community, together with residents and the City of Wheat Ridge have entered into a fund raising project to complete the construction of two synthetic turf fields to be located at Wheat Ridge High School. Synthetic turf fields, in comparison to sod fields will extend the hours of usage available to high school athletic programs, community youth groups and Parks and Recreation sponsored activities. Jefferson County Open Space is providing funding ($300,000) in addition to the funds received annually for the City's attributable share of Open Space funds and joint venture grants. These funds will be granted to the City of Wheat Ridge contingent on the approval of an IGNJoint Use Agreement between the City of Wheat Ridge and the R-1 School District. This IGA defines field usage, scheduling and maintenance. These funds will be distributed to the City of Wheat Ridge directly through ajoint venture grant. As part of the joint venture grant process, it is required that a resolution supporting the project be approved by City Council. The funds will be deposited in the City Open Space Fund and the City will then make payment to the R -1 School District for construction of the fields as defined in the IGA. This resolution supports the construction of the synthetic turf fields and approves a supplemental budget appropriation in the 2007 Open Space Budget to receive and expend the funds. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Parks and Recreation Master Plan recommends pursuing opportunities for joint use of school district facilities and specifically the new high school fields constructed at Pennington Elementary School, Everitt Middle School and Wheat Ridge High School. The addition of the synthetic turffields when compared to sod fields allow extended use of the fields in terms of playable hours. The additional hours allow more usage and therefore add value to the existing inventory of fields. These fields have a use life of 12-15 years. There is reduced maintenance on the fields and they do not require watering. ALTERNATIVES CONSIDERED: To not adopt the Resolution amending the budget and supporting the project. FINANCIAL IMPACT: The total cost of the project is $600,000 and the funding sources are listed below. There are no additional funds required from the City for completion ofthe project. The funds received from the joint venture grant will be deposited in the City Open Space Fund and the City will then make payment to the R-l School District for construction of the fields as defined in the IGAlJoint Use Agreement. Jefferson County Open Space City of Wheat Ridge Wheat Ridge Foundation R-l School District $300,000 50,000 100,000 150.000 $600,000 The funds raised by the school and community are deposited in the Wheat Ridge Foundation. The funds donated to the project in 2006 by the City of Wheat Ridge are also deposited in the Foundation account. Jefferson County Open Space funds as defined by the IGA and "l'l'wved through the joint venture grant process will be distributed to the City of Wheat Ridge. These funds will then be redistributed to the School District by the City. RECOMMENDED MOTION: "1 move to approve Resolution 21-2007 - A Resolution Of The City Council Of The City Of Wheat Ridge, Colorado, Supporting The Application For A Joint Venture Grant And Approving a Supplemental Budget Appropriation in the 2007 Open Space Budget To Reflect Funds Received From Jefferson County Open Space For The Purpose Of Constructing Synthetic Turf Fields At Wheat Ridge High School in the amount of $300,000." or, "1 move to deny approval of Resolution 21-2007 - A Resolution Of The City Council Of The City Of Wheat Ridge, Colorado, Supporting The Application For A Joint Venture Grant And Approving a Supplemental Budget Appropriation in the 2007 Open Space Budget To Reflect Funds Received From Jefferson County Open Space For The Purpose Of Constructing Synthetic Turf Fields At Wheat Ridge High School in the amount of$300,000." Report Prepared by: Reviewed by: Joyce Manwaring, Parks and Recreation Director Randy Young, City Manager Attachments: 1. Resolution 21-2007 070625 CAF Amending budget for acceptance of open spacefunds.doc RESOLUTION NO. 21 SERIES OF 2007 TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A JOINT VENTURE GRANT AND APPROVING A SUPPLEMENTAL APPROPRIATION. FOR THE 2007 OPEN SPACE BUDGET TO REFLECT FUNDS RECEIVED FROM JEFFERSON COUNTY OPEN SPACE FOR THE PURPOSE OF CONSTRUCTING SYNTHETIC TURF FIELDS AT WHEAT RIDGE HIGH SCHOOL IN THE AMOUNT OF $300,000. WHEREAS, the voters of Jefferson County voted on November 4, 1980 to allow for maintenance and development of Open Space lands and property within Jefferson County, and WHEREAS, Jefferson County Open Space has instituted a Joint Venture/Grant Project Program, and WHEREAS, the City of Wheat Ridge would like to apply for a Joint Venture/Grant Project with Jefferson County Open Space WHEREAS, the City of Wheat Ridge supports strong partnership between City and community NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: 1. The City of Wheat Ridge requests funding from Jefferson County Open Space for a Joint Venture/Grant for the construction of synthetic turf fields at Wheat Ridge Senior High School, and; 2. The following supplemental budget appwp,;ation to the 2007 Open Space Fund is hereby approved: a. A supplemental budget appropriation in the total of amount of $300,000 to revenue account #32-520-00-564 and; b. The amount of $300,000 to account #32-601-800-862 for the purpose of expending the Joint Venture grant. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS 25th day of June, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 ITEM NO: Il1), REQUEST FOR CITY COUNCIL ACTION ~-w~",.,,/-,I~~~ ~~1~ 8ill aD COUNCIL MEETING DATE: June 25, 2007 TITLE: RESOLUTION 23-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN UtE NOT TO EXCEED AMOUNT OF $19,500.00 FOR KEN FELLMAN OF KISSINGER & FELLMAN TO SERVE AS HiE CITY'S LEGAL COUNSEL FOR QWEST FRANcmSE NEGOTIATIONS. o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: June 11,2007) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: 0 Yes n,~ hYlJ ~~~.LfI ~ No C::i2LP~'-Q City Mana8A d EXECUTIVE SUMMARY: At the June 4, 2007 City Council Study Session, staff received direction from City Council to proceed with hiring attorney Ken Fellman to represent the City in upcoming Qwest franchise negotiations. In order to do so, staff has prepared this budget amendment requesting approval of the proposed budget appropriation in the not to exceed amount of$19,500. As noted in an earlier staff memorandum dated May 29, 2007, City Attorney Jerry Dahl highly recommends Mr. Fellman for the future Qwest franchise negotiations. Mr. Fellman is an expert in the area of telecommunications law and the legal counsel to the Greater Metro Telecommunications Consortium (GMTC). Attached is a Representation Agreement prepared by Mr. Fellman which indicates his hourly rate of $ I 95, with an estimate oftime and fees to range between 25 and 100 hours. COMMISSION/BOARD RECOMMENDATION: No CommissionIBoard recommendation is required for this budget amendment. STATEMENT OF THE ISSUES: Qwest has approached the City of Wheat Ridge to enter possible franchise negotiations. In order to respond to Qwest's request, and based on recent Federal Communications Commission (FCC) rulings that pre-empt local franchising authority, staffbelieves that it is in the best interest ofthe City to retain the legal services of Mr. Fellman to handle the negotiations based on Mr. Fellman's expertise in the area of telecommunications law. AL TERNA TIVES CONSIDERED: The alternative to retaining Mr. Fellman's legal services is to proceed in negotiations with City Attorney Jerry Dahl. In doing so, there will be a significant impact to Mr. Dahl's budget and time for other City matters. Since Mr. Fellman is an expert in telecommunications law, staff believes that retaining his legal services will increase the efficiency of the negotiation process. FINANCIAL IMPACT: Mr. Fellman has estimated that fees for legal services could range from $4,875 (25 hours) to $19,500 (100 hours). Mr. Fellman has recommended a not to exceed amount of$19,500 for this contract. RECOMMENDED MOTION: "I move to approve Resolution 23-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Not to Exceed Amount of$19,500.00 for Ken Fellman of Kissinger & Fellman to Serve as the City's Legal Counsel for Qwest Franchise Negotiations." or, "I move to deny approval of Resolution 23-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Not to Exceed Amount of$19,500.00 for Ken Fellman of Kissinger & Fellman to Serve as the City's Legal Counsel for Qwest Franchise Negotiations for the following reason(s) " Report Prepared by: Reviewed by: Heather Geyer, Assistant to the City Manager/PIO Patrick Goff, Deputy City Manager Randy Young, City Manager Attachments: I. Representation Agreement 2. Resolution 23-2007 RICHARD P. KISSINGER KENNETH S. FELLMAN BOBBY G. RILEY JONATHAN M. ABRAMSON NANCY E. CORNISH KISSINGER & FELLMAN, P.C. ATTORNEYS AT LAW PTARMIGAN PLACE, SUITE 9UU 3773 CImRRY CREEK NORm DRIVE DENVER, COLORADO 80209 TELEPHONE: (303) 320-6100 TOLL FREE: 1-877-342-3677 FAX, (303)320-6613 www.kandf.com ROBERT E. JAROS 1941 - 2002 June 6, 2007 Heather Geyer Assistant to the City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 Re: Representation Agreement Dear Heather: As we discussed previously, I have enclosed duplicate originals of the Representation Agreement between Kissinger & Fellman, P.C. and the City of Wheat Ridge regarding the City's desire to negotiate a cable franchise agreement with Qwest. You will note that my regular hourly rate of$250.00 per hour is reduced to $195.00 per hour. As I explained to you, because of the uncertainties that may arise during this project, a rough, ballpark range of time and fees could be anywhere from 25 to 100 hours ($4,875.00 to $19,500.00). I suggest we agree upon a not to exceed amount of$19,500.00. As the project progresses we will evo1uate where we are and make any necessary adjustments. Please review the Representation Agreement and if it meets with your approval, have the '"'1'pvy.:ate person at the City sign both originals where indicated and return one to my office in the self addressed and stamped envelope provided. Feel free to contact me with any questions or concerns you may have. I look forward to working with you on this project. Very truly yours, KISSINGER & FELLMAN, P.C. ~ Kenneth S. Fellman !>fellmanlalkandf.com KSFJeaj Enclosure AITACHMENT 1 RICHARD P. KISSINGER KENNETH S. FELLMAN BOBBY G. RILEY JONATHAN M. ABRAMSON NANCY E. CORNISH KISSINGER & FELLMAN, P.c. ATTORNEYS AT LAW PTARMIGAN PLACE, SUITE 900 3773 CHERRY CREEK NORTH DRIVE DENVER, COLORADO 80209 TELEPHONE, (303) 320-6100 TOLL FREE: 1-877-342-3677 FAX, (303)320-6613 www.kandf.com ROBERT E. JAROS 1941 ~2002 REPRESENTATION AGREEMENT City of Wheat Ridge, Colorado ("Client"), hereby employs the law firm of Kissinger & Fellman, P.C., ("the Firm") to act as legal counsel in legal matters related to cable franchise agreement negotiations with Qwest Communications. It is agreed that payment of charges by Client to the Firm related to cable franchise agreement negotiations shall not exceed $19,500.00 without prior authorization from the client. Legal fees and costs will be billed in accordance with the Billing Policies of the Firm set forth on this Representation Agreement which are Dart of this a<rreement. It is understood and agreed that the firm's hourly rates may increase in the future. The Firm's policy is to require from time to time an advance fee deposit/retainer for services and fees from each client prior to beginning any new or additional work on the client's matters. In this particular situation, an initial fee deposit/retainer of $0.00 has been agreed upon. This deposit/retainer will be placed in the Firm's trust account and applicable disbursements will be made from the trust account to the Firm each month at the time of billing, to cover fees earned and expenses accrued. Client agrees to promptly make such subsequent deposits/retainers as the Firm may require from time to time. BILLING POLICIES Our regular hourly charges for professional services of each attorney in the firm are as follows: Abramson Cornish Fellman $195 per hour $150 per hour $195 per hour (reduced hourly rate) Kissinger Riley ParalegallLaw Clerk $325 per hour $165 per hour $ 75 per hour Adjustments in the Firm's rates and charges do occur from time to time, and we endeavor to notify all our then active clients of any changes at the time they are to take place. Nonetheless we still encourage ail client inquiries concerning the rates in effect at the beginning of each project and will provide an updated copy of these Billing Policies upon every request. If there are services which can be performed by our law clerks or paralegals, this time will be charged at $75 per hour. Billing will reflect all time expended on clients' matters, such as: office conferences, legal research, telephone calls, correspondence, travel time, drafting, court or hearing preparation and appearances, etc. Direct costs or expenses relating to clients' work (Le., photocopies, postage, long distance telephone calls, mileage, parking, etc.) will be billed in addition to our hourly charges for professional services rendered. Billing will normally be between the 20th and the last day of the month covering the services and expenses incurred prior to the 20th of the current month. On matters which are not ongoing, a final billing may be made at the conclusion of the matter. Our terms are payment in full within 30 days of the date of billing. If payment is not received timely, services and expense advances may be discontinued by the firm until satisfactory arrangements can be made to reinstate any past due account. Interest shall accrue at the rate of 1.5% per month on all amounts overdue and unpaid. If collection efforts become necessary on any unpaid amounts, the client Page 2 shall be responsible for costs and legal fees related thereto. There is an annual fee of $100.00 for the Firm to act as registered agent for any entity. DOCUMENT/FILE RETENTION POLICY When our engagement in this matter ends, we will return to you at your request (preferably written) all materials/property you provided to us during the course of the representation. You agree that we have the right to make copies of all documents generated or received by us from any source during the course of our representation of you. When you request information from your file, the cost of transmitting original documents to you and/or the cost of providing you with copies of other documeuts will be charged to you. It is your responsibility to secure the return of any documents or property in the file. If arrangements are not made for the return of any documents in your file within seven (7) years following the conclusion of your matter, and there is otherwise no action on the file, the file may be destroyed. During the course of the representation, we may generate certain documents related to the matter that will be retained by us (as opposed to being sent to you) or destroyed. These documents include, for example, firm administrative records, time and expense reports, personnel and staffing materials, credit and account records, and internal lawyers ' work product (such as drafts, notes, internal memoranda, legal research, and factual research, including investigative reports prepared by or for the internal use of lawyers on the case or in the firm). For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any documents or other materials that belong to the law firm within a reasonable time after our fmal bill for the matter is sent to you. KISSINGER & FE~' P.C. Atto~!t Y1 By:' ~ ',r Kenneth S. FelInlan Vice President CITY OF WHEAT RIDGE, COLORADO By: Titie: (Date) Client: Address: Telephone: City of Wheat RiMe. Colorado 7500 W. 29th Avenue Wheat Ridlle. CO 80033 303-235-2826 KISSINGER & FELLMAN, P.c. . 3773 Cherry Creek North Drive, Suite 900, Denver, CO 80209. (303) 320-6100 . FAX; (303) 320-6613 RESOLUTION NO. 23 Series of 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE NOT TO EXCEED AMOUNT OF $19,500.00 FOR KEN FELLMAN OF KISSINGER & FELLMAN TO SERVE AS THE CITY'S LEGAL COUNSEL FOR QWEST FRANCmSE NEGOTIATIONS WHEREAS, the City of Wheat Ridge will be entering franchise negotiations with Qwest, WHEREAS, Mr. Ken Fellman is an expert in the area of telecommunications law and the legal counsel to the Greater Metro Telecommunications Consortium (GMTC); WHEREAS, the City of Wheat Ridge will enter in a Representation Agreement with Kissinger & Fellman, P.C. to retain the services ofMr. Ken Fellman to negotiate a cable franchise agreement with Qwest; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2007 Budget be amended accordingly, specifically transferring $19,500 from undesignated reserves to the account 01-111-700-750 to retain the services of Mr. Ken Fellman. DONE AND RESOLVED THIS 25th day of June, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 2 ITEM NO: I.f , REQUEST FOR CITY COUNCIL ACTION ~c,,"'''''~"'.~ ~~ .,;'12-- .~~) COUNCIL MEETING DATE: June 25, 2007 TITLE: RESOLUTION 24-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $3,675 FOR TELEVISING PLANNING COMMISSION MEETINGS ON WHEAT RIDGE CHANNEL 8 GOVERNMENT ACCESS CHANNEL. o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: I:8J No n._ l"../. -- ~ Deputy City Manager ~r ~ro City Mana' r EXECUTIVE SUMMARY: At the June 4, 2007 City Council Study Session, staff received direction from City Council to proceed with televising Planning Commission Meetings. Following the meeting, Mayor Jerry DiTullio sent a memorandum to members of the Planning Commission to inform them ofthis Council direction. A copy of the memorandum is included as Attachment A. Planning Commission meetings are held on the first and third Thursday of each month in City Council Chambers. Staff recommends that the City begin televising the twice monthly meetings in July 2007. Therefore, staff has estimated the cost of televising the meetings at $3,675, $275 per meeting to include 3 hours ($75 per hour) oftaping, setup and breakdown and $50 for graphics. Additionally, staffhas budgeted $375 as a contingency for meetings that may run longer than 3 hours depending on the agenda items. COMMISSION/BOARD RECOMMENDATION: No Commission/Board recommendation is required for this budget amendment. STATEMENT OF THE ISSUES: At the June 4,2007 City Council Study Session, staff received direction from the City Council to proceed with televising Planning Commission Meetings with the purpose to further inform the community and take advantage of this media for communication with citizens. Staffhas reviewed the Channel 8 Policy and televising planning commission meetings is consistent with the goals and objectives ofthe Channel 8 program. ALTERNATIVES CONSIDERED: The alternative to televising the Planning Commission meetings is to not televise the meetings. FINANCIAL IMPACT;. Staff estimates the cost of televising twelve Planning Commission meetings to be approximately $3,300 with a $375 contingency for meetings that run longer than 3 hours. The total financial impact oftelevising Planning Commission meetings is $3,675. RECOMMENDED MOTION: "I move approve Resolution 24-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of A Supplemental Budget Appwp,;ation In The Amount of$3,675 For Televising Planning Commission Meetings on Wheat Ridge Channel 8 Government Access Channel." or, "I move to deny approval of Resolution 24-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of A Supplemental Budget Appropriation in the Amount of$3,675 For Televising Planning Commission Meetings on Wheat Ridge Channel 8 Government Access Channel for the following reason( s) " Report Prepared by: Reviewed by: Heather Geyer, Assistant to the City Manager/PIO Patrick Goff, Deputy City Manager Randy Young, City Manager Attachments: 1. Mayor's Memorandum to Members of the Planning Commission 2. Resolution 24-2007 City of Wheat Ridge Office of the Mayor Memorandum ~~ W.HS4. 71>/ '- 0 - " " '" "O(OR~\B TO: Members of the Wheat Ridge Planning Commission CC: Members of City Council Randy Young, City Manager Alan White, Community Development Director Rob Osborn, Wheat Ridge 2020 FROM: Jerry DiTullio, Mayor DATE: 6/5/2007 SUBJECT: Televising Planning Commission Meetings on Cable Channel 8 Thank you for serving the City of Wheat Ridge as a volunteer on the Planning Commission. At the June 4th City Council Study Session a consensus was reached by Council to begin televising the Planning Commission meetings on Channel 8. This will be brought forth to Council for a formal vote at the June 25th City Council meeting. Currently, City Council meetings, the D.I.R.T. Task Force meetings, and the Inaugural State ofthe City Address are airing on Channel 8 in an effort to further inform the community and to take advantage of this media for communication with citizens. I have supported this concept for many years. And now with the hiring of an Assistant to the City Manager/Public Information Officer, Heather Geyer, the City can begin to find new and better ways to inform and engage the public. The Planning Commission reviews many important issues and it will be a great benefit to the community to see and hear this information along with the City Council meetings. City Council also directed staff to further research other types of other programming opportunities that could air on Channel 8. I encourage you as a Planning Commission member to embrace this change and to further the cause of educating the public about the processes for planning and zoning decisions. If you have any comments or concerns about this change please contact me at 303-235-2800 or Heather 4. T4~"'MI;NT 1 2 Geyer at 303-235-2826 or e-mail athgeyer@cLwheatridge.co.us. as she will be the lead staff person on this project. Thank you. RESOLUTION NO. 24 Series of 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $3,675 FOR TELEVISING PLANNING COMMISSION MEETINGS ON WHEAT RIDGE CHANNEL 8 GOVERNMENT ACCESS CHANNEL WHEREAS, the City of Wheat Ridge City Council will begin televising Planning Commission meetings on Channel 8, WHEREAS, Channel 8 programming provides an opportunity to inform the community and use this media for communication with citizens; WHEREAS, the televising of Planning Commission meetings is consistent with the goals and objectives of the Channel 8 Policy; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2007 Budget be amended accordingly, specifically transferring $3,675 from undesignated reserves to the account 01-111-700-704 for televising Planning Commission meetings on Channel 8. DONE AND RESOLVED THIS 25th day of June, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 2 ~~C'......Hf'.4. f ~/ ~ " - 0 " ~ cbI.OR"~:P ITEM NO: I. F: REQUEST FOR CITY COUNCIL ACTION 4fu, I..W:':\ Rct UN COUNCIL MEETING DATE: June 25, 2007 TITLE: RESOLUTION 25-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THl!: APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THJ!: AMOUNT OF $7,500.00 FOR CONTRIBUTION TO THE 2007 WHEAT RIDGE CARNATION FESTIVAL D PUBLIC HEARING D BIDS/MOTIONS [Z] RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes [Z] No City~r - ~ '-J EXECUTIVE SUMMARY: The Wheat Ridge Carnation Festival request for additional funding was discussed at the June 18, 2007 City Council Study Session (Attachment #1). The City currently budgets a $5,000.00 contribution to the Carnation Festival. In addition to the $5,000.00 contribution, the City is responsible for other direct costs associated with the Festival including staff overtime for Parks, Public Works and Police, parks materials and rental fees for barricades. In addition to direct costs, in-kind contributions are made through Parks and Public Works labor hours as well as for usage of Public Works equipment. Contributions, direct costs and in-kind contributions made by the City of Wheat Ridge for the 2006 Wheat Ridge Carnation Festival totaled $39,563.00 (Attachment #2). Consensus was reached at June 18, 2007 City Council Study Session to bring a Resolution forward proposing that the City make an additional $7,500.00 contribution to the 2007 Wheat Ridge Carnation Festival. COMMISSIONfBOARD RECOMMENDATION: Consensus was reached at June 18, 2007 City Council Study Session to bring a Resolution forward proposing that the City make an additional $7,500.00 contribution to the 2007 Wheat Ridge Carnation Festival. STATEMENT OF THE ISSUES: In reviewing the Profit/Loss Statement for the 2006 Wheat Ridge Carnation Festival, a shortfall of $3,284.09 was identified. In 2006, the city contributed a total of$39,563.00 to the Festival through contributions, direct costs and in-kind contributions. The Wheat Ridge Carnation Festival is in need of additional funds for the 2007 Festival. ALTERNATIVES CONSIDERED: Provide no additional funding outside of the $5,000.00 contribution, direct costs and in-kind contributions for the 2007 Wheat Ridge Carnation Festival. FINANCIAL IMPACT: Transfer of $7,500.00 from the General Fund unreserved fund balance into account number 0 I-I 02- 700-799, Legislative Services Miscellaneous Services and Charges. .RECOMMENDED MOTION: "I move to approve Resolution 25-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$7,500.00 for Contribution to the 2007 Wheat Ridge Carnation Festival." or, "I move to deny approval of Resolution 25-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget App.vp.:ation in the Amount of $7,500.00 for Contribution to the 2007 Wheat Ridge Carnation Festival for the following reason( s) " Report Prepared by: Reviewed by: Debbie Meixner, Executive Assistant Randy Young, City Manager Attachments: I. Budget - 2007 Wheat Ridge Carnation Festival 2. October 6, 2006 Memorandum Regarding 2006 Wheat Ridge Carnation Festival Costs 3. Resolution 25-2007 070625 CAF Carnation Festival.doc . .' :f/U1~V~.,#.OiJ.1. j;#m.. '1. Mayor Jerry DiTulliol City Manager Randy Young City of Wheat Ridge 7500 W 2911> Av Dear Sirs, By all accounts the Wheat Ridge Carnation Festival Committee Inc is on to something great wi the new and improved version of this annual event. We've offered improved staging, big name entertainment, increased community involvement, free shuttle buses, a 40 page Festival program and a safe successful Thursday Teen night (Pitchfork Pandemonium) wi skateboard competition & Battle of the Bands. Attendance has soared and the community is excited again. . We are thankful for the city resources, cooperation and the many man hours that city employees devote to helping us give back to our community a quality event. We appreciate, too, the annual monetary contribution the city makes to help pay for the many expenses. I personally have been involved wi the Festival for almost twenty years. Viola Harris and Charlotte Talbert have each been involved for 30+. Over the years we have seen that the hardest, most thankless and most frustrating aspect of the Festival is inconsistent funding which makes planning difficult. As past and present Festival Committee members know, to be done right, fundraising itself is G full time job. We can depend on oniy a few major contributors year in and year out and even they have changed throughout the years. This year we are still waiting for firm commitments. For continued success of the Carnation Festival, please consider this request for a greater dollar commitment for this year and in the future. For 2007, we are asking the city council for an additional $7500 to the $5000 already budgeted and received ($12,500). Last year you contributed $10,000. I hope that in the future you will budget $15,000 to the Carnation Festival for the foreseeable future. I have attached our 2007 Budget for your review. We run a lean operation that depends on countless volunteer hours. Hoping and chasing corporate sponsorship is tough for planning purposes and difficult to achieve consistently for an all volunteer organization. If you have any questions, please let me know. Thank you, rftllce J30lCa.n. 2006 Carnation Festival Chairman PO Box 1511, Wheat Ridge CO 80034 303237-8347/mikebaran@remax.net ATTACHMENT 1 Wheat Ridge Carnation Festival I EXPENSES: ISOUND ISTAGE LIGHTS IENTERT AINMENT MIDWAY IMIDWAY-TOILETS 'BANNER PREP I PARADE I FIREWORKS 'TROPHIES. RIBBONS IAWARD PLATES INSURANCE PROGRAM MISC PRINTING lSHUTTLE/BUS ICASINO EXPENSE IMISC EXPENSE ADVERTISING !SPAGHETTI SUPPER BANNER EXPENSE IINCOME: ICONTRIBUTIONS IMJDWAY IBANNERS 36@99 ISPAGHETTI SUPPER IBEER GARDEN IPARKING FEES 'WHEAT RIDGE BUSINESS DIST. I I I IINCOME LESS EXPENSES ICHECK BOOK BALANCE IINCOME SUB TOTAL 'LESS EXPENSES I 'RECONCILE AMOUNT I CHECK BOOK TOTAL I 3600.001 2900.00 11761.001 6030.481 1631.14 4434.271 600.39 5050.001 767.40 746.50 1200.00 1596.61 1713.46 1898.751 1868.001 581.001 698.181 2530.181 360.00 49967.361 I I I -3284.091 2006 23,248.00 11.485.00 3,564.001 3,152.001 "nonn, ..,u ,vvl 300.00 4.434.271 46,683.27 I I I I I I I I 1 I I 1 I 3776.72 46683.27 50459.99 49967.36 29.00 463.63 "'to 2007 Wheat Ridge Carnation Festival Budget (51112007) Income .S;l\t~i'~._If.1f'~~.~_'j ~ CitY of wheat Ridge _0. , ~'dStageiC~nirlbuti.;;, ',. ",.. .." , .'asklngfu,';;;ore '" 10,oQo.oit"'s,ooo:ilOsome Colle" Citywide Bank TBD conlacte<t _ 1,500.00 ',';i,tll~1lII_J;.1.f~!liiill~JI~~l'iml~Ril}&".11!~ Wells Fargo Applewood TBD 1,500.00 ,!?~,~verWestRenlaIS "'. TB~"",_."., '."'" ,Ves """ ,2,000.00 ~'."'M :' .:A;~ii~'t~!I~~I~f!ifl~~ij~t;'~~%lt~~~1fJ"~1'~'f0~~~}~r~~i~~~S~~~!!~~f~jdt~1&(~~!jJ~%~: Apple'acks TBD First Bank GO Ford DIGraphlcs Program TBD Decals for signs yes 2,500.00 2,500.00 yes 500.00 Total Sponsor Income 24,500.00 7,500.00 (possibly 100 paid) Midway (80 vendors @ average $1751eaOO) YES 14,000,00 ,r9irojjjf~~~~:tlft~~{~~_.i!_'.'1~~ll~~~itf1f~~~~.Ji!~:it~?~~}i! Parade Donation Total Other Income Expenses Sound :&~~~i;>cZt~~. :. ",.'U:j.~~p~""' ~~;{~;~1im~~t John Philip Sousa Pat TravelS (Fri night) other 17th Avenue A1lslars IndulgelS ($400 + $400) , il~~.~ilf~: 500.00 3,000.00 1,100.00 1,000.00 800.00 ,. X2111fO~\,;..' ,... .M~~~~il~ts) Midway (tablesltents ete Parade Fireworks (miscellaneous printlng, postage, band prizes) (supplies & shooter) 900.00 5.600.00 Mlniture horse cart rides Stiltwalker Clown Carnival Barker 111 400.00 1, 1 500.00 1 1e 'Ridge Website Mise (service/malntanence) (for the unforeseen) 400.00 1,500.00 City of Wheat Ridge Parks and Recreation Memorandum TO: Joyce Manwaring, Parks & Recreation Director 0 FROM: Julie Brisson, Recreation Manager DATE: October 6, 2006 SUBJECT: 2006 Wheat Ridge Carnation Festival Costs Following is a breakdown of the City of Wheat Ridge costs associated with the 2006 Carnation Festival: Direct Costs: Parks OT Parks Materials Public Works OT Police OT City Contribution $ 1,017 $ 695 $ 1,800 $15,588 $10.000 Total Direct Costs: $29,100 In-Kind Contributions: Parks Labor Public Works Labor Public Works Equipment $ 1,649 $ 4,199 $ 4.615 Total In-kind contributions $10,463 GRANT TOTAL $39,563 The Grand Total cost does not include staff time associated with Carnation Festival Committee meetings or pre-festival administrative preparations. ATTACHMENT 2 RESOLUTION 25 Series of 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $7,500.00 FOR CONTRIBUTION TO THE 2007 WHEAT RIDGE CARNATION FESTIVAL WHEREAS, the City of Wheat Ridge provides support for the Wheat Ridge Carnation Festival through contributions, direct costs and in-kind contributions; and WHEREAS, the City of Wheat Ridge wishes to continue support for this event; and WHEREAS, the City Council supports the Wheat Ridge Carnation Festival; WHEREAS, City Council recommends an additional contribution of $7,500.00 to the 2007 Wheat Ridge Carnation Festival; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The following amendment to the 2007 General Fund budget is hereby approved: (a) A supplemental budget appwp,;ation from General Fund undesignated reserves in the amount of$7,500.00 to account #01-102-700-799 as a contribution to the 2007 Wheat Ridge Carnation Festival. 1bis resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY OF ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk A I T ACHMENT 3 ITEM NO: _0. REQUEST FOR CITY COUNCIL ACTION -". ..... '.~.i, ,. ~i !;Y COUNCIL MEETING DATE: June 25, 2007 TITLE: COUNCIL BILL 10-2007, AN ORDINANCE AMENDING SECTION 26-711 OF Ttlli WHEAT RIDGE CODE OF LAWS PERTAINING TO Ttlli REGULATION OF BILLBOARDS ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (Date: June 11. 2007) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: 0 :l1v {()ii ~ No Community Development Director City~~ EX,ECUTIVE SUMM.'U~Y: The proposed ordinance amends Section 26-711 ofthe Zoning and Development Code containing the billboard regulations of the City. The current regulations set the maximum number of billboards at 16 and establish maximum size, height, setback and spacing requirements. The regulations do not provide any guidance for the permitting of billboards. The proposed ordinance vests the current 16 billboard locations with the underlying property. All other size, setback, height and spacing requirements are not changed. The ordinance also repeals the B-1 District since it is no longer needed. Planning Commission recommended adoption ofthe ordinance. The proposed ordinance implements Council's strategic goals of planning for growth and opportunities by creating clear regulations for billboards. COMMISSION/BOARD RECOMMENDATION: The proposed regulations were presented to Planning Commission at a study session on AprilS, 2007. At a public hearing on May 3, 2007, the Planning Commission recommended adoption of the proposed ordinance with no changes. STATEMENT OF THE ISSUES: The proposed regulations were presented to City Council at a study session on February 20, 2007. Council directed staff to bring the proposed amendments forward. The current billboard regulations were adopted in 1991 and were not revised when Chapter 26 was updated in 2001. The regulations establish two billboard dismcts - 1) essentially adjacent to 1-70 (called B-2) and 2) the remainder of the City (called B-1). (See Attachment 1.) The regulations required all billboards in the B-1 District to be removed by 1996. These have all been removed and this district is no longer needed. The regulations of the B-2 District set the maximum number of billboards in the district at 16. Height, setback, spacing, and maximum size standards are also established. Other than these standards, there is no guidance in the Code as to who "owns" the right to the billboard, when that right expires, who can apply for a billboard pennit, and how permits are to be issued if there are competing interests for one billboard. Billboard companies typically enter into ground leases with a property owner and pay the owner rent for the right to have their billboard on that property. Leases are typically for 10 years. There have been two instances in the past three years where ground leases expired. Absent guidance in the Code, and with the assistance of the City Attorney, staff created a process and policies for dealing with this situation. This process essentially ties the right to the billboard to the ground lease. When the lease expires, so does the right to the billboard. That 16th billboard then becomes available for any compatlY or land owner to pursue on a first come, first served basis. In cases where permit applications are filed at the same time for that 16th billboard, a lottery is held to determine who receives the right to the billboard. The process is a bit cumbersome and time consuming. The billboard companies have provided a letter of opposition to the proposed amendment. (See Attachment 2.) Essentially their recommended approach is Alternative #2 and would vest the rightto a billboard with the pennit holder (the billboard CD"'!'''',j), not the underlying property owner. A billboard location would become available when one company removed one of the 16 billboards. Staff does not see this alternative solving any of the problerns with the existing "temporary" process. What constitutes removal- when everything is removed, even the caisson? When the face comes off? When the pole structure is removed? At what point during removal can another company submit a pennit for the "available billboard location" -- a month in advance because they know the lease is expiring and the billboard will have to be removed? The company removing the billboard will argue one thing, the competing company will argue another and City staff will be in the middle - probably conducting another lottery. The City Attorney has provided an opinion of the proposed ordinance and the billboard companies' assertions. (See Attachment 3.) He opines that the proposed ordinance does not deprive the billboard companies of due process and is a legitimate approach to the regulation of billboards. One change has been made to the ordinance since it was presented at study session. The length of time a billboard location may exist without an active billboard use was increased from 60 days to 90 days. The following active billboard use definition was included: "active billboard use" shall mean that both ofthe following are continuously maintained on a permitted billboard location and in compliance with all city requirements: (1) a supporting pole or structure, and (2) a display facility capable of displaying message copy. ALTERNATIVES CONSwJ!.1<ED: Several alternatives to deal with the lack of specifics in the Code were considered: 1. Codify the procedures and policies used in the past two instances. 2. Vest the right to a billboard with the current permit holder (billboard company). 3. Vest the right to a billboard with the land where billboards are currently located. The proposed ordinance implements staff s recommended approach, Alternative #3. Vesting with the underlying property defines the 16 locations, allows the billboard companies to compete for the sites when leases expire, and adds value to the underlying property. It has the added advantages of taking staff out of the business of monitoring lease expirations and conducting lotteries to determine who is granted the available billboard. Planning Commission requested that staff investigate how other jurisdictions permit billboards. None of the jurisdictions examined had a limit on the number of billboards. Wheat Ridge is unique in that regard. The results revealed that there are as many approaches as there are jurisdictions. Below is a summary of that information. e Arv'ada - Allowed only in B-4 zone district; no limit on number; considered principal use on lot. . Lakewood - Not mentioned in sign code. . Golden - Not mentioned in sign code. . Aurora - Allowed in certain commercial and industrial zone districts; no limit on number; cannot be visible from freeways or interstate highways. . Denver - Allowed, but under several spacing and visibility restrictions; no limit on number. FINANCIAL IMPACT: Because only 16 billboards are authorized by the ordinance and this number is not proposed to be changed, the revenue to the City from billboard permits will not change. RECOMMENDED MOTION: "1 move to approve Council Bill 10-2007 on second reading and that it take effect 15 days after final publication." Report Prepared by: Alan White, Community Development Director Attachments: I. Map Showing Billboard Districts 2. Letter from Billboard Companies 3. Response Memorandum from City Attorney 4. Map of Current Billboard Locations 5. Council Bill 1 0-2007 dA"18 .."alllilMS ~ S " z - ~~ ~N to:~ ~i( ~i :.'i ~ii I&-a a - l&- I&- o . . 01 A'f'fACIlM.EN'f 1 SCBS OUTDOOR (. .... ... oJ ....!''" r.Jltl) MILE HIGH @[IjJ'[j'@@@fll ADVERTISING TO: FROM: DATE: RE: MEMORANDUM City of Wheat Ridge Mayor and City Council ..~~~ived CBS Outdoor, Inc., Lamar Advertising Co~, Mile High Outdoor, In ~ February 21, 2007 Proposed Revision to Wheat Ridge Billboard Ordinance The Director of Community Development has proposed an amendment to a portion of the Wheat Ridge Sign Code relating to billboards. The covering Memorandum states essentially that the existing ordinance should be changed to make the land upon which existing billboards currently exist the only permissible locations for billboards, now and in the future. The sole justifiCation is to relieve claimed administrative burdens on the Community Development Department. This proposal is unnecessary, and may well be unconstitutional. The change is unnecessary since the "problem" the amendment is designed to correct has only occurred once in the 16 years since the billboard regulations were passed in 1991. This "problem" is that two billboard companies applied for a new permit when one of the existing 16 billboards was removed. This "problem," however, was only created by the Director when, after discussions with only one billboard company (United Outdoor), he utilized new "draft policies," which "policies" ignored a much more obvious approach to resolving the issue. Unfortunately and also derived without discussion with or the benefit of the analysis by any company in the industry other than United, the Director's proposed solution,: (1) provides a total and undeserved windfall to those property owners lucky enough to have existing billboards on their property; (2) blocks all other property owners in Wheat Ridge's B-2 zone from having an equal opportunity to receive the income from billboard rentals; and (3) takes property without compensation from the existing billboard companies which are, as admitted by the Director in his Memo, "the current permit holders" and whose permit rights will be stripped and effectively given to the property owners. A much simpler solution is to provide that no new billboard permit be issued until one of the existing billboards has been physically removed or destroyed. Backl!found: Most, if not all, of the existing 16 billboards in Wheat Ridge were erected pursuant to sign permits granted to CBS Outdoor, Lamar Advertising and' 766292 ATTACHMENT 2 Miie High Outdoor (and two granted to United Outdoor, which is believed to be the major proponent of the proposed amendment). The billboards were erected on properties on which the billboard companies obtained land leases with property owners. In all cases, the billboards were erected, paid for and maintained by the billboard company. The billboards are the property of and owned by the billboard company, not by the landowner. Since most of these leases are for 10 years or more, they expire and billboards are removed very infrequently. (yVe do not believe the Department has issued more than two or three new permits in the last 10 years.) CCB$, Lamar and Mile High Outdoor have received no new permits in the past ten years. Since the Wheat Ridge billboard code requires that a new sign permit be obtained before erecting or remodeling any'billboard, and states that only 16 may exist at one time, one would have thought that a new permit could be issued only when the number of billboards drops to 15 - i.e., when an existing billboard has been physically removed, This is easy to determine administratively since the applicant would need to advise the Department which sign had been removed - a fact the Department can visually verify in minutes, if not by merely looking at before and after photographs. Nonetheless, when discussing only with United when a new permit could be issued, the Director.told it that the new permit could be issued only when the underlying lease expired. Not only is there no reference in the billboard code to leases (much less the permissible number of them), but this is a more difficult matter to determine administratively, because the Department has not required that leases on file with them reflect the expiration date. Thus, in one case in the last 16 years, the Department held a lottery, which it would not ha,ve done if it had used the removal of a billboard as the key fact.or. The Director's Prouosed Solution. First, the present proposed ordinance would allow the property owners who fortuitously have billboards on their property at this time the perpetual and exclusive right to maintain a billboard on their property. This right is not one they have ever had before or one they ever sought or paid for. Nonetheless, as noted in the Director's Memorandum, this gift will "add value to the underlying property." Yet this is value that they will gain solely because'a billboard company previously paid for erecting and maintaining the billboard on their property.l . Indeed, the windfall may be much larger and with less potential benefit to the City than even the Director imagines. Under the Director's proposal, the existing landowner has the the right to maintain the billboard on his property. The billboard can be moved to another location on that l"Vl'''''''j. Furthermore, if the property is divided the I It is unclear why the proposed ordinance limits the number of billboards to one per assessor's parcel number. At least one landowner already haS two billboards in existence on one piece of property. Irideed, because of its location on the interstate highway, It could not be removed without payment of full just compensation. -2" right remains with the portion of the property containing the billboard. (These additional provisions appear central to allowing the proposal to work.). Thus, one can fully expect that if this ordinance were adopted billboard companies will approach each present landowner and (a) ask them to allow the company to move the billboard to a comer or side of the property, and (b) pay the landowner a substantial sum to sell that sliver to the billboard company, which will then possess the right to own that billboard in that location forever without having to pay any further rent. Thus, it is likely that the only beneficiaries of the new ordinance will be the handful of existing landowners and the purchasing billboard companies. Second, not all billboards in Wheat Ridge have remained in the same location: This proposed ordinance will not only provide a windfan to the owners of existing billboard locations, it will obviously preclude all other property owners whose land is presently zoned for billboarcls (the only function of the B-2 zone), from ever having the opportunity to have a billboard built on their l'wl"-'~ j and from receiving the significant lease revenues the billboard companies pay. Just as the existing landowners , are fortuitous fmancial beneficiaries of the new proposal, all other landowners in the B-2 zone will be gratuitously deprived of an equivalent opportunity to obtain any financial benefit. As noted above, even any new owners of the existing billboard locations are also likely to be foreclosed from any future benefit of the proposal. Finally, "current pennit holders (billboard company)" will be stripped of their permits and their position without compensation. Their rights are being handed over to the landowners, whose only fmancial participation has to be receive revenues from the billboard companies derived from property paid for, erected and maintained by the billboard company itself. The alternative proposal suggested above, has none of the foregoing problems, is administratively easy to administer (on the "";"'''Lllely rare occasions when the is!lue may arise), and is completely consistent with the existing ordinance (which, incidentally, established the 16 bilIboard limit as a quid pro quo for the billboard companies to remove their billboards from throughout the remainder of Wheat Ridge without payment of compensation). When a billboard is removed or destroyed, the present code requires that a new permit bl: obtained to rebuild or replace it. It is highly unlikely that a billboard will be removed upless the company's lease is being terminated. If the code provided (as has always previously been assumed to be the case) that anyone could seek a new permit when one of the existing billboards is removed or destroyed; then the only thing the Department would have to do is check to see that a previously existing'billboard is gone, before issuing a new permit. If multiplf! applications are filed on the same day, there is no problem with the holding of a lottery to determine which billbo.ard applicant should get one (although it would help if only one application per location were included rather than allowing the billboard compatiies and the landowners to file separate applications for the same billboard). It is noteworthy that the existing lawsuit does not challenge the procedures of the lottery that was held. Rather it asserts that no lottery was needed because the first permit application was submitted the day the lease was terminated and the billboard Wl\S removed, which was the day before any other applications were submitted. -3- .' Our representatives would be happy to expand on fue foregoing points and to answer any questions you might have. They are: Mr. Dan Scherer General Manager CBS Outdoor 4641 Leyden St. Denver, Colorado 80216 303-333-5400 Mr. Alan Weiss General Manager Mile High Outdoor Advertising '300 E. H~pden #324 Englewood, CO 80113 303.783.4800 Mr. Frank Bullock General Manager 12301 N Grant St Suite 240 Thornton, CO S0241 303-280-7000 -4- f\..1UFiRAY DA$-i1- :'~ K LJ G!;t.o j;...U,,::NzvtE ISTER i1t~~\"J RENAUO l.-L.-~ TO: CC: FROM: DATE: RE: MEMORANDUM Mayor and City Council Randy Young; Alan White Gerald E. Dahl, City Attorney March 12, 2007 Correspondence from CBS Outdoor, !! at. regarding Proposed Revision to Billboard Ordinance Council will have received a copy of a February 21, 2007 memorandum from CBS Outdoor, Inc., Lamar Advertising Company, and Mile Hi Outdoor, Inc., concerning the proposed revisions to the City's billboard ordinance. The billboard companies have raised a number of concerns they have \^Jith this ordinance. The purpose of this memorandum is to advise what steps, if any, the Council should take in response to that memorandum. My review of the memorandum leads me to conclude that there are no legal deficiencies in the proposed billboard ordinance, and that the reason it was suggested to the Council initially remains unchanged. The staff continues to recommend that it be approved. The billboard companies make the statement that they believe the ordinance is somehow unconstitutional, but do not really demonstrate why. Of course, any land use resulting regulation restricts the use of private property in certain ways, and unless the restriction removes all economic all use of the property, there is no "taking" in constitutional terms. In the case of the proposed ordinance, all of the billboards currently in place will remain, so long as the landlords and the billboard companies remain in agreement. No billboard permits are revoked. Billboard companies are free to negotiate with landowners for permission to maintain a billboard on those properties. The ordinance leaves the negotiating where it should be - between the landowners and the billboard companies. The billboard companies also have raised the concern that property owners will be inspired to subdivide off small slivers of their property in order to sell those parcels to ATTACHMENT 3 billboard companies. Of course, any such division of property would be a "subdivision" under the City's land use code and would only be approved if it met the requirements of the subdivision regulations. Also, as Council is aware, the present draft ordinance provides that any subdivision of property would not result in entitlement to an additional billboard on that property; the billboard entitlement would remain with the portion of the property upon which the billboard was in existence. The proposed ordinance is a legitimate exercise of the City's legislative authority to regulate land use matters. Because it is legislative, it will be subject to a public hearing before the City Council. I understand that a number of you have or will be contacted by the billboard companies for some form of private meeting outside of the legislative hearing process. While this is not prohibited, I see no reason for such meetings in light of the fact that there will be a public hearing on the ordinance. The three billboard companies who wrote the memorandum, any other billboard companies, and interested landowners and other citizens will have the full opportunity to express their opinions to the City Council at that time. Finally, the billboard companies' memorandum makes some allegations about the current lawsuit brought against the City by CBS Outdoor. In that case, CBS Outdoor does challenge the City's use of a lottery to process a particular billboard permit application. The status of this case is that the City won in District Court and CBS Outdoor has appealed. I advise you not to engage in a discussion with CBS Outdoor regarding the case while it remains on appeal. Please do not hesitate to contact me if this memorandum raises many questions. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No._ 10-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CODE OF LAWS SECTION 26- 711.C.1, CONCERNING BILLBOARDS IN THE B-2 BILLBOARD DISTRICT AND REPEALING SECTION 26-711.8 WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 31-23-101 et sea. and 29-20-101 et sea. to regulate the use of land and structures thereon; and WHEREAS, pursuant to this authority, the City Council has previously enacted Section 26-711.C of the Code of Laws, concerning billboard signs in the B-2 District; and WHEREAS, said Section 26-711.C currently permits a maximum of sixteen (16) billboards in the B-2 District; and WHEREAS, at the time of adoption of this Ordinance, the maximum sixteen billboards are in place in the B-2 District; and WHEREAS, the sixteen-billboard limitation has been difficult to administer in practice, owing to the difficulty in determining when individual billboard leases cease or are terminated; and WHEREAS, the City Council has determined that in order to eliminate these administrative difficulties, Section 26-711 should be amended to provide that the sixteen billboard locations presently in use in the B-2 District shall be designated as the only locations upon which billboards are permitted in the B-2 District; and WHEREAS, the City Council finds that this ordinance will preserve and protect existing property rights by recognizing the right of the property owners of the designated sixteen locations to continue to operate or lease the same for display of billboards; and WHEREAS the City Council finds that Code Section 26-711.B, concerning billboards in the B-1 District is no longer necessary as all billboards in the B-1 District were removed prior to January 1, 1996. ATTACHMENT 5 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-711.C.1 of the Wheat Ridge Code of Laws is amended to read: Maximum number allowed is sixteen (16), UNDER THE FOLLOWING RESTRICTIONS: proviaed tl";3'.; ::;;;~ eiIIbe::;~j::; 1::;::;::t.:::;:l-\':i~l";i-r. tl";::; f ~---ail;~;:.:;~ ,',-,i:.r l3e relocated ~ tt.:. ~ ~ ji~:-:~: ;,&gardle3~ :f t-:3Inax;n,.d;-.~ :-::;;-::3er: fA) THE PERMITTED NUMBER OF BILLBOARDS AND PERMITTED LOCATIONS FOR SUCH BILLBOARDS WITHIN THE B-2 DISTRICT SHALL BE AS FOLLOWS: ID 1 2 3 4 5 6 7 II v APN 39-174-07-001 39-174-07-012 39-202-00-009 39-201-06-001 39-201-01-003 39-163-00-022 39-164-05-001 39-164-00-018 9 10 11 12 13 14 15 39-143-00-098 39-143-00-1 01 39-133-05-001 39-133-05-006 39-133-07-001 39-133-09-001 39-133-04-003 Address 4990 Ward Rd. 4800 Ward Rd. 12505 W. 44th Ave. 12351 W. 44th Ave. no address 4800 Parfet St. 10501 W. 1-70 FR N 10101 VJ. 1-70 FR N 8105 W. 48th Ave. 7881 W. 48th Ave. no address 4901 Marshall St. 6400 W. 48th Ave. 6161 W. 48th Ave. 6300 W. 49th Dr. Schedule # I # of Billboards I 109992 1 I 109982 1 I 042865 1 1 136582' 1 ] 406411 1 1 043805 2 042788 1 n..,.t"\..,..n VI It. 1011 085976 004073 194269 164345 003811 109721 136945 1 1 1 1 1 1 1 1 (B) IN THE EVENT ANY OF THE ABOVE-LISTED LOCATIONS SHALL CEASE TO BE IN ACTIVE BILLBOARD USE FOR A PERIOD OF 90 CONSECUTIVE DAYS OR MORE, SAID LOCATION SHALL CEASE TO BE A PERMITTED LOCATION, AND THE TOTAL NUMBER OF SUCH BILLBOARDS AND LOCATIONS DESCRIBED AND PERMITTED HEREIN SHALL BE REDUCED ACCORDINGLY. (C) AS USED IN THIS SECTION, "ACTIVE BILLBOARD USE" SHALL MEAN THAT BOTH OF THE 2 FOLLOWING ARE CONTINUOUSLY MAINTAINED ON A PERMITTED BILLBOARD LOCATION AND IN COMPLIANCE WITH ALL CITY REQUIREMENTS: (I) A SUPPORTING POLE OR STRUCTURE, AND (2) A DISPLAY FACILITY CAPABLE OF DISPLAYING MESSAGE COPY. (D) A BILLBOARD MAY BE MOVED, SO LONG AS IT REMAINS ON THE PERMITTED LOCATION. (E) IN THE EVENT THE PARCEL CONTAINING A PERMITTED LOCATION IS SUBDIVIDED, THE BILLBOARD AND THE ENTITLEMENT TO CONSTRUCT AND MAINTAIN A BILLBOARD SHALL REMAIN WITH THAT PORTION OF THE SUBDIVIDED PROPERTY ON WHICH THE BILLBOARD WAS SITUATED AT THE TIME OF SUBDIVISION APPROVAL. THE REMAINING PORTION(S) OF THE SUBDIVIDED PROPERTY SHALL HAVE NO RIGHT TO PLACE OR MAINTAIN A BILLBOARD ON SUCH PROPERTY. (F) ALL BILLBOARDS SHALL CONTINUOUSLY BE IN COMPLIANCE WITH ALL OTHER PROVISIONS OF THIS CHAPTER 26. Section 2. Section 26-711.B of the Code of Laws is repealed. Section 3. Figure 26-711.1 is hereby amended to delete the reference to the B-1 District. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11 th day of June, 2007, 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 June 25, 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2007. 3 SIGNED by the Mayor on this ATTEST: Michael Snow, City Clerk First Publication: June 14, 2007 Second Publication: Wheat Ridge Transcript Effective Date: -- day of Jerry DiTullio, Mayor Approved As To Form ,2007. Gerald E. Dahl, City Attorney 4 ITEM NO: 3 l REQUEST FOR CITY COUNCIL ACTION <fi[~. ~.. ..47. l'^"'''"'ll-' ';~;:fi\(~'$ n COUNCIL MEETING DATE: June 25, 2007 TITLE: COUNCIL BILL 11-2007: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-231 CONCERNING THE LICENSING OF MASSAGE TllliRAPISTS TO PROVIDE FOR THE PROVISIONAL LICENSING OF MASSAGE TtlERAPISTS [g] PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) [g] ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes [g] No ~~ City Attorney /'~~ ft ___ Ci~ EXECUTIVE SUMMARY: The Ordinance amends Chapter 11 of the Code of Laws by amending Section 11-231 to provide for the provisional licensing of massage therapists. Since the passage of the ordinance that required all massage therapists/massage therapy centers in the City to be licensed, the Colorado Bureau of Investigation has tightened its regulations concerning criminal background investigations. These investigations can now take up to 90 days to complete. This has left massage therapy centers in the City at a disadvantage in competing for qualified massage therapists. The amendment allows massage therapists to perform massage with a "provisional" license while the complete criminal background investigation is being completed. It requires a police review of police department records from Wheat Ridge, the applicant's city-of-residence, plus those communities in which the applicant has performed massage. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Many well-established massage therapy centers in the City have been negatively affected by the increased time that CBI investigations are taking under the new regulations. The review required for the issuance of a provisional license will provide the City with important information concerning the applicant's moral character and can be performed more quickly than the full criminal background investigation. The satisfactory completion of the review will allow the massage therapist to either practice massage therapy individually or become employed immediately with one of the City's massage therapy centers. ALl.'~!~ATIVE~ <;:ONSIDERED: N/A FINANCIAL IMPACT: The City will incur only modest additional expenses as a result of this amendment. RECOMMENDED MOTION: "I move to approve Council Bill 11-2007: An Ordinance Amending Chapter II ofthe Wheat Ridge Code of Laws, Entitled Licenses, Permits and Miscellaneous Business Regulations, Specifically Code Section 11-231 Concerning the Licensing of Massage Therapists to Provide for the Provisional Licensing of Massage Therapists, on second reading, and that it take effect upon adoption." or, "I move to table indefinitely Council Bill 11-2007 : An Ordinance Amending Chapter II of the Wheat Ridge Code of Laws, Entitled Licenses, Permits and Miscellaneous Business Regulations, Specifically Code Section 11-231 Concerning the Licensing of Massage Therapists to Provide for the Provisional Licensing of Massage Therapists for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670 Reviewed by: Patrick Goff, Deputy City Manager Attachments: 1. Council Bill) 1-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ADAMS Council Bill No. 11-2007 Ordinance No. Series of 2007 - TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS, SPECIFICALLY CODE SECTION 11-231 CONCERNING THE LICENSING OF MASSAGE THERAPISTS TO PROVIDE FOR THE PROVISIONAL LICENSING OF MASSAGE THERAPISTS WHEREAS, Wheat Ridge Code of Laws requires that all massage therapists must be licensed by the City prior to offering or performing massage in the City for pay of any kind; and WHEREAS, the application process for a massage therapist license requires a criminal background investigation; and WHEREAS, the required criminal background investigation can take as long as three months to complete, which places massage therapy centers in the City at a disadvantage in competing for qualified massage therapists; and WHEREAS, the City Council desires to amend Article X of Chapter 11 of the Code of Laws to provide for the provisional licensing of massage theiapists; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Existing Section 11-231 of the Code of Laws is re-Iettered as subsection (a) and titled "License required; exceptions" and the section is further amended by the addition of a new subsection (b) to read in its entirety as follows: (B) PROVISIONAL LICENSE: THE CITY MAY ISSUE A PROVISIONAL MASSAGE THERAPY LICENSE TO ALL APPLICANTS WHO SUBMIT A COMPLETED MASSAGE THERAPIST LICENSE APPLICATION AND ALL SUPPORTING DOCUMENTS AND FEES AS REQUIRED IN SECTION 11-232 OF THIS ARTICLE. (1) ISSUANCE OF THE PROVISIONAL LICENSE SHALL BE BASED UPON A REVIEW OF THE CITY'S POLICE DEPARTMENT RECORDS, AS WELL AS THE RECORDS OF THE LAW ENFORCEMENT AGENCIES FOR THE APPLICANT'S RESIDENCE AND ALL JURISDICTIONS IN WHICH THE AITACHMENT 1 APPLICANT HAS PRACTICED MASSAGE WITHIN THE PAST 5 YEARS. SUCH REVIEW SHALL BE CONDUCTED TO DETERMINE THE APPLICANT'S COMPLIANCE WITH THE REQUIREMENTS OF SECTION 11-233(1) OF THIS ARTICLE; PROVIDED, HOWEVER, THAT SUCH REVIEW SHALL NOT SUBSTITUTE FOR NOR NEGATE ANY FINDINGS OF THE FULL CRIMINAL BACKGROUND INVESTIGATION PROVIDED FOR IN SUBSECTION 11- 232(C)(1) AS PART OF THE APPLICATION PROCESS. (2) THE PROVISIONAL LICENSE SHALL BE VALID UNTIL THE PROVISIONAL LICENSEE'S APPLICATION FOR A PERMANENT LICENSE IS APPROVED OR DENIED BY THE CITY. a. APPROVAL OR DENIAL OF A MASSAGE THERAPIST LICENSE APPLICATION MUST OCCUR NO LATER THAN 180 DAYS AFTER THE CITY'S RECEIPT OF THE APPLICATION AND ALL SUPPORTING DOCUMENTS AND FEES AS REQUIRED IN SECTION 11-232 OF THIS ARTICLE. THE CITY MAY EXTEND THE PROVISIONAL LICENSE PERIOD FOR UP TO AN ADDITIONAL 90 DAYS IF APPROVAL OR DENIAL OF THE APPLICATION IS DELAYED BEYOND THE 180 DAYS OR THE APPLICATION IS LOST, MISPLACED OR DESTROYED WHILE IN THE CITY'S POSSESSION. b. THE PROVISIONAL LICENSE IS SUBJECT TO ALL OTHER REQUIREMENTS AND CONDITIONS OF THIS ARTICLE. Section 2. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption on second reading, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of June, 2007, 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 June 25, 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of June, 2007. SIGNED by the Mayor on this 2007. day of Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form: Gerald E. Dahl, City Attorney First Publication: June 14, 2007 Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: 1+. REQUEST FOR CITY COUNCIL ACTION ~~, n COUNCIL MEETING DATE: June 25, 2007 TITLE: COUNCIL BILL 12-2007: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND INCREASING HIS BENEFITS AND HOURLY COMPENSATION ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes ~ No Cit~ City Attorney EXECUTIVE SUMMARY: The current Presiding Municipal Judge's term of appointment ended on August 23, 2006. Presiding Judge Christopher Randall has continued to serve since that date. Charter Section 8.3 requires the Council to appoint municipal judges for terms of two years. Judge Randall requests reappointment, a small increase in hourly rate, and that his services agreement be amended to permit him to participate in certain benefit programs available to other City employees: short term disability; long term disability; worker's compensation; group term life insurance; employee assistance plan; retirement plan; official holidays; personal time off leave; extended sick leave; jury duty pay; and employee recreation program benefit. Charter Section 8.3 requires the judge's compensation to be set by ordinance. STATEMENT OF THE ISSUES: In March, 2006 the City Council approved an amendment to the Judge's contract permitting him to participate in the City's health and dental plans. Permitting the Judge to also participate in the other requested plans available to other City employees (worker's compensation is already a provided benefit), and increasing his hourly rate to $87.15 will result in an approximate $16,973.00 increase in cost to the City annually. COMMISSION/BOARD RECOMMENDATION: N/A ALTERNATIVES CONSIDERED: Do not renew the current contract; put the work of municipal judge out to bid for requests for proposals; schedule a meeting with the Judge before acting. FINANCIAL IMPACT: Increasing the Judge's hourly rate and allowing the Judge to participate in the additional benefit programs will result in an annual cost increase to the City of$16,973.00. RECOMMENDED MOTION: "I move to approve Council Bill 12-2007: An Ordinance Reappointing Presiding Municipal Judge Christopher Randall and Increasing his Benefits and Hourly Compensation on second reading, and that it take effect upon adoption." or, "I move to table indefinitely Council Bill 12-200?:: An Ordinance Reappointing Presiding Municipal Judge Christopher Randall and Increasing his Benefits and Hourly Compensation for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670 Reviewed by: Patrick Goff, Deputy City Manager Attachments: I. Memorandum from City Attorney 2. Letter from Judge Randall 3. Current municipal judge services agreement 4. Council Bill 12-2007 tvi UR,RAY DAHL Ku EG,HENi'--1 E: 15TJ;:R: RENAUD LLP' MEMORANDUM TO: Mayor and Council FROM: Gerald E. Dahl, City Attorney DATE: May 16, 2007 RE: Contract with Presiding Municipal Judge The current presiding municipal judge, Christopher Randall was reappointed in 2004 for a term ending on August 23, 2006. Pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two (2) years. Accordingly, Judge Randall's term has expired and the Council needs to either reappoint him or initiate a process to request proposals to fill the position. When Judge Randall was first appointed in 2002, the City had three municipal judges; as a result of resignations, Judge Randall is now the City's only judge. Judge Randall has requested reappointment, a small increase in his hourly rate, and change to his services agreement which would allow him to obtain additional benefits available to other City employees, specifically: . Short-term disability . Long-term disability . Worker's compensation . Group term life insurance . Employee assistance plan . Retirement Plan . Official Holidays . Personal time-off leave . Extended sick leave . Jury duty pay . Employee recreation program benefit A copy of Judge Randall's May 10, 2007 letter detailing his experience on the Wheat Ridge Municipal Court and his request is attached. Judge Randall has also asked me to convey to the Council that he is pleased to meet with the Council at any time, or for Council members to attend a court session. A.TACHMENT 1 CHRISTOPHER D. RANDALL. ESO. PRESIDING JUDGE, WHEAT RIDGE MUNICIPAL COURT April 23, 2007 Murray, Dahl, Kuechenmeister, and Renaud, LLP Mr. Gerald E. Dahl, Esq. 2401 15th Street, # 200 Denver, CO 80202 Re: Wheat Ridge Services A&",,~ent - Renewal and Supplementation Dear Mr. Dahl: My two-year contact expired August 2006. I would like to renew and supplement that contract. A little ba..!..e..,JIld about the position: I began in January of2002 and have been the Presiding Judge for over five years. We originally had three judges when I started. We now have one. Ipreside over the Monday, Wednesday, and many Thursday s~sions. We address misdemeanors (e.g" assault, the1l, defacing property, I1arassment, disorderly conduct, weapons, cOntrolled substance, .t'...~hemalia), traffic, juvenile, domestic violence, nuisance, code, parks, anima), and tax matters. We process domestic violence cases on a fust track basis. Vie summons citizens and hold jury trials on a regular basis. A little background about the Court: We have about 144 court sessions annually. We handle about 3,000 arraignments and 225 trlalsper year. We have a probation department, and there are about 300 defendants on probation. In 2006, the Court achieved the following: Credit card acceptance for fines, costs, and bonds. Improve Court computer processing system. Complete RFP process for court seCurity contract. Improve ergonomics for deputy court clerk's work stations. Implement a uniform process to hold juveniles in contempt of court. Destroy outdated records more efficiently. Design full size summons and jacket. Draft and implement Marshal policies and procedures. Begin draft of bench warrant policy. ATTACliMENT 2 Fine-tune the payment plan policy. Expedite issuance of bench v..........;" for persons who fail to pay fines. Expand and increase the penalty for certain animal control violators. Begin an aoalysis of emergency procedures and court security. Expedite and stream-line the handling of court files. Set code and other matters on a specific day and time so that members of the community services unit and others are not m..king multiple appearances in court. I have attended all bi-annnal Colorado Municipal Judge's Association conferences. These conferences focus on judicial edncation and Lf'.,-",ing the Court system. Law and procedure learned at these conferences has hupw ,'ed the Wheat Ridge Court system. The Wheat Ridge clerk's office is on a par with any other clerk's office in the State. The deputy court clerks are some of the hardest working, professional, and loyal court clerks that I have encountered. Some Court objectives for 2007: Choose the equipment for, install, and initiate the video arraignment process. Purchase the jackets and cabinets for the full-sized summonses. Work with the police d"..... ;"'ent to :finalize the fullcsized summonses. Utilize the Court Marshals for additional security and legal duties. POST certify the Court Marshals. L.."," .'e cOllection of fines arid costs, and reduce bench ..........;& for non-payment of fines. Stren,,~'lirie sentencing for Code, zoning, ~d, building code matters. Hold repeal offender juveniles to a higher standard ofaccountability. In 2006 we modified the budget to increase my hourly salary from $83.00 to $87.15. ThiS is about a 4% increase. Most court staff received a market adjustment of 3% to 5% last year. I will begin billing this amount once ....".u ,'ed. City Council modified my contract about a year ago to add medical benefits. This has been very helpful. I would like to add the remainder of most of the benefits. These would be most of the same benefits that other City employees receive. Since I log ....pwAimately 20-25 hours per week, I would be classified as a part-time employee. Benefits would be on a pro-rated basis. We have employees in the judicial department that are currently on a p...~;dne benefits program. The Court Marshals are currently taking advantage of this part-time employee package. I would like to supplement my contract to add the following benefits: Short-term disability Long-term disability Worker's compensation - ~~ 7.[' Page 2 of3 Group term life insurance Employee assistance plan Retiremeut Plan Official Holidays Personal Time-Off Leave Extended Sick Leave Jury duty pay Erilployee recreation program benefit I am not seeking to add the following benefits: Pay for hours not worked when the City is closed Overtime Pay Compensatory Time Tuition Assistance P:..ue-..... Military leave Tharik you for your assistance and input regarding the renewal of and an amendment to my judicial services ~........ct. Sincerely yours, '1 ~L _~~ ~--;a./~ -r ,...-- ~ . -- Christopher D. Randall, Esq. Cc: Patrick Goff, Deputy City Manager Page 3 on . . CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into as of the 23rd day of August 2004 ("Effective Date"), by and between the .CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge"), together referred to herein as the "Parties." In consideratiDn of the . mutual prl;lmises and. cDvenants contained herein, the Parties agree as follDws: ARTICLE 1 - SERVICES Pursuant to Chapter VIII of the Wheat Ridge HDme Rule Charter (the "Charter"), Presiding Judge shall have the follDwing duties: . . A Ensure the presence of a municipal judge at all Wheat FUdge Municipal CDurt ("Municipal Court") cases, by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an Dn-call .municlpal jUdge schedule; B: Formulate and amend the local rules ofthe Municipal Cburt with the approval Df the Colorado Supreme Court; . . C. Supervise all Municipal Court persDnnel; and 'D. Submit a yearly pudget request to the Wheat Ridge City Council for the proper functioning of the Municipal Court. .. In addition to these Charter-Imposed duties, Presiding Judge shall provide the municipal judge services set forth in RFP-D1"D6DMunicipal Judge Services (the "RFP"), as' more fully describedih -the -RFP (Exhibit i)- attached. hereto and incorporated heteih by this reference. Any conflict between the RFP and this Agreement shall be resolved in ,favor of this Agreement. ARTICLE 2-TERM:TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two.(2) year term, ending Dn August .23, 2006. this Agreement -may be terminated for any Df the reasons enumerated In Section 8.3 of the Charter. . ARTICLE 3 - PAYMENT AND FEE SCHEDULE . '. . The Parties agree that Presiding Judge sh'all be compensated FIt eighty-three dollars ($83.00) per hour for services rendered under this Agreement. Presiding Judge may also be . compensated for reimbursable expenses properly invoiced to the City as set forth below. For purposes 'of this Agreement, IIreimbursable expenses" shall mean those expenses. directly incurred by Presiding Judge in the performance of his duties under this Agreement, excluding . mileage and travel expense. A Invoices Presiding Judge shall submit an. invoice to the City for seryices rendered 'and. reimbursable expenses incurred during 'each month by the tenth (10th) day of the subsequent month, or the next working day should 'such day fall o.n the weekend or a i ./ WR Muni Judge Cnntract-Randal ATTACHMENT 3 holiday. Payment wilf be made within twenty-fIVe. (25) d<lYs of receipt of the invoice by mailing paymentto an address desiflnated by Presiding Judge. S) Fundino This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge Is expressly subject to annual appropriations by the City of funds for the, next ensuing budget year. ARTICLE 4 -INDEPENDENT CONTRACTOR This Agreement is one for'independent contractor services. Neither Presiding Judge, nor any employee or agent of Presiding Judge, shall be, considered an employee of the City for purposes of any federal or state law.' Notwithstanding the fact that Presiding Judge is compensated as an independent contractor, pursuant to the Colorado Governmental Immunity Act, R9 24-10-101 et seq., C.R.S., he is considered an appointed official of the City. entitled to any and all benefits of law pertaining to Judicial or spvereign immunity and to coverage by the " City's Insurc;lnce applicable to persons holding such a ppsition. Presiding Judge warrants that he has not employed or retained any company or person, other than a bona fide employee worklng solely for him, to solicit or Secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fidl;l employees working solely for Presiding Judge, any commission, perCentagl;l, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the appointment or making of this Arftc.CI.rno.m C,..t> hl"eacl-. ,..'" ,.lol....f.r...a-. ....c: ,J.hl'S. u..........._....., ~J....... r-u... ....11' h~v"" .t.L.._ ...z_L.~ ",_. ___..1 .s.1..~... '''1::1 .........,.....n.. l ""I I,JJ "II \.II VI JClLIUII VI LIJ . VVQIIQJIL'yf. UIC' o...rn.y.w I Ie::!. t:: LIIO 1_l:;'lIL LV ClIUIUI LllJb Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the fuil amount of such fee, commission, percentage, brokerage fee, gift, Dr contingent fee. , ARTICLE 5 - CHARTER. LAWS AND ORDINANCES Presiding Judge, sh.all at all times during the perfoT!l1ance of this Agreement, strictly 'adhere to all applicable federal, state and local laws, mles, regulations, and ordinances that affect or govern the work as herein contemplated. ARTICLE 6 - LAW AND VENU~ , The laws of the State of Colorado shall govern as to the Interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is with the District Court of Jefferson County, Colorado. WR Munl Judge Contracl- RandaU -2- " ARTICLE 7 - NOTICES Any notice required or permitted by this Agreement shall be 'in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice sha!1 be deemed to have' been given when deposited in the United States Mail. If to the City: City Manager 7500 W 291h Avenue Wheat Ridge, CO 80215 FaJC: (303) 234-5924 With a copy to: City Attorney 7500 W 29111 Avenue Wheat Ridge, CO 80215 FaJC:(303)234-5924 , If to Presiding Judge: Christopher D, Randall, Esq. P,O, BoX 260e11 Lakewood, CO 60228-0911 FaJC (303) 980-1721 ARTICLE B - ASSIGNMENT AND SUBCONTRACTORS , W The duties and obligations of Presiding Judge may not be assigned, 'delegated, or subcontracted except with the express written consent ofthe City, ' " ARTICLE 9 - SEVERABILITY To the exte~t that the Agreement )11ay De executed and pe'rformance of the obligations of the Parties may i;Je accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperalive for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof, The waiver of any breach of a term' hereof shall not be construed as a waiver of any ,other term, or the same term upon subsequent breach, ARTICLE 10 -INTEGRATlo'N OF'UNDERSTANDlNGS This Agreement is intended as the complete integration of all ,understandings between the Parties. No prior or contemporaneous additiori, deletion,. or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. . No subsequent novation, renewal, addition, deletion, or ,other amendment bereto shall have any force or effeCt unless, embodied in writing and signed 'by Presiding J,udge and an authorized representative of b~ ,,' ' WR Mun; Judge Contract - RandaU -3- . IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies, each of which shall be deemed an original, as of the day and year"first written above, ArrEST: (Seal) ';.: ,: , . ...... J , 'l:l. , , , , APPRQVED AS TO FORM: ,',.,,;,~...::~WLl . "I . . . . . . r 'if'? CJ' Gerald E. Dahl, City Attorney PRESIDING JUOGE '~~,J0~ , - t""'hl".j.........pht!'lop h .0........3_11 _IU;:'i.\.i IJ1;jJ "1,.I.,"CUJycm J . .' , , WR Munl. JUdge Conll1lct: Randall -4- '111' t, . EXHIBIT I RFP-01-0GO MUNICIPAL JUDGE SERVICES WR MunT Judge Contract - Randall -5-' CITY OF WHEAT RIDGE RESOLUTION 1Q Series 2006 FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS FIRST AMENDMENT TO PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT (this "Amendment") is entered into as of the 13th day of March 2006, by and between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge"), together referred to herein as the "Parties." WHEREAS, the Parties entered into that certain Presiding Municipal Judge Services Agreement dated August 23, 2004 (the August 23, 2004 Agreement), whereby the City contracted with the Presiding Judge for municipal judge services; and WHEREAS, the Parlies wish to amend the August 23, 2004 Agreement to pelTl1it the Presiding Judge to participate in the City's health and dental insurance programs. NOW THEREFORE, in consideration of the mutual promise and covenants contained herein, the Parties agree to amend the August 23, 2004 Agreement as follows: Amend Article 4to read: ARTICLE 4 -INDEPENDENT CONTRACTOR: INSURANCE A. This Agreement is one for independent contractor services. Neither Presiding Judge, nor any employee or agent of Presiding Judge, shall be considered an employee of the City for purposes of any federal or state law. Notwithstanding the fact that Presiding JUdge is compensated as an independent contractor, pl!rsuant to the Colorado Govemmentallmmunity Act, ~~ 24-10-101 et seq., C.R.S;, hi;l is considered an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to ooverage by the City's Insurance applioable to persons holding such a position FOR CLAIMS BROUGHT AGAINST HIM IN HIS OFFICIAL CAPACITY OR ARISING OUT OF HIS PERFORMANCE OF HIS OFFICIAL DUTIES AS DESCRIBED HEREIN. B. PRESIDING JUDGE SHALL BE ELIGIBLE TO PARTICIPATE IN IHE HEALTH AND DENTAL INSURANCE PROGRAMS AVAILABLE TO CITY EMPLOYEES, AT THE RATE LEVEL APPLICABLE TO THE NUMBER OF. HOURS OF WORK PERFORMED BY THE PRESIDING JUDGE ON AN AVERAGE WEEKLY BASIS. THE CITY AGREES TO PAY THE APPLICABLE PREMIUM FOR THAT RATE LEVEL, CONSISTENT- WITH THE CITY INSURANCE PLAN AS AMENDED FROM TIME TO TIME. C. Presiding Judge warrants that he has not employed or retained any company or person, ather than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for Presiding Judge, any commission, percentage, brokerage fee', gifts, or ahy other consideration, contingent upon or resulting from the appointment or making of this Agreement. Far breach or violation of this warranty, the City wlll have the light to annul this Agreement without liability, or in its discretion to deduct from the Agreement price or . . ".. consideration, or otherwise racover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. IN WITNESS WHEREOF, th.e Parties have executed this Agreement in two (2) copies, each of which shall be deemed an .original, as of the day and year-first written above, AYrEST: ~~~~~ I~"'\'"' . ~ . Pamela Anderson, eity Clerk ~ T ~ \:.J (Seal) APPROVED AS TO FORM: ~M Gerald E. Dahl, City Attomey CITY OF WHEAT RIDGE, COLORADO ~ "Of\\AALu By: \rryt iTullio, Mayor PRESIDING JUDGE 14N1~~ ~ ;JJ~ Christopher D. Randall J -2- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 12 Ordinance No. Series of 2007 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL AND INCREASING HIS BENEFITS AND HOURLY COMPENSATION WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed in 2004 for a term ending on August 23, 2006; and WHEREAS, the Judge has continued to serve since that date; and WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two (2) years; and WHEREAS, Judge Randall has requested reappointment, a small increase in his hourly rate, and change to his services agreement which would allow him to obtain additional benefits available to other City employees; and WHEREAS, the Council wishes to reappoint Judge Randall and to approve the increased benefits and hourly rate; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge's compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two (2) years, expiring on June 25, 2009. Effective January 1, 2007, the Presiding Judge's hourly compensation is set at $87.15 per hour, and the Presiding Judge is granted the following additional employee benefits: short-term disability, long-term disability, worker's compensation, group term life insurance, employee assistance plan, retirement plan, official holidays, personal time-off leave, extended sick leave, jury duty pay and employee recreation program benefit. A I I ACHMENT 4 Section 2. Severabilitv: Conflictina Ordinances Reoealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3_ Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 11th day of June, 2007, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 25, 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this. day of .2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor A TIEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: June 14, 2007 Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: 5. REQUEST FOR CITY COUNCIL ACTION '~$~' t',""").'" ';~"<:<" flQ <.:.o._~':'. COUNCIL MEETING DATE: June 25, 2007 TITLE: COUNCIL BILL 14-2007 - AN ORDINANCE AMENDING CHAPTER 16, ARTICLE III, SECTIONS 41 T1fKOUGH 43 OF T1fE CITY CODE CONCERNING MISCELLANEOUS OFFENSES r:gj PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:) r:gj ORDINANCES FOR 2ND READING Quasi-Judicial: r:gj No City Attorney CitYM~~ EXECUTIVE SUMMARY: This ordinance amends three sections in Code of Laws Chapter 16, Article III, involving offenses against property rigi1.tS, to increase the frlfeshold limits of value involved. STATEMENT OF THE ISSUES: Certain offenses against property rights (including theft) have valued based limitations, Those limitations have not been adjusted for inflation in some time, The state legislature has amended parallel provisions of state law to increase these limits, This ordinance amends only the values described in the ordinances to reflect inflation as well as changes to state law, COMMISSION/BOARD RECOMMENDATION: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: Generally, all of the bill's amendments, which apply to the City, increase the threshold loss amounts for which a person may be charged with a felony to one thousand dollars, Anything less than one thousand dollars remains a misdemeanor and therefore is within the jurisdiction of the City's Municipal Court Previously, the City could not prosecute property crimes where the value of property exceeded five hundred dollars. Therefore, there will be a financial and personnel impact to Municipal Court It is estimated that Municipal Court will prosecute an additional 170 cases which given a worse case scenario would add two full days of court time and two full days of staff hours per year. RECOMMENDED MOTION: "I move to approve Council Bill 14-2007 - An Ordinance Amending Chapter 16, Article III, Sections 41 Through 43 of the City Code Concerning Miscellaneous Offenses on second reading, and that it take effect on July 1, 2007." or, "1 move to table indefinitely Council Bill 14-2007 - Ao Ordinance Amending Chapter 16, Article III, Sections 41 Through 43 of the City Code Concerning Miscellaneous Offenses for the following reason( s) " Report Prepared by: Gerald Dahl, City Attorney Reviewed by: Daniel Brennan, Chief of Police Attachments: 1. Memorandum from the City Attorney 2. Copy of Senate Bill 07-260 3. Council Bill 14-2007 M UR,\=lA.Y DAHL ; KUECa-.fE:Nf'-1EI5TER RE:NAU 0 LLP A'nnR"l-:Y1>,\TLAW ~ 2401 15th Street. Suite 200 Der.ver, L~olors-do S0202 Ph-OJ:1E: 303.49.3.6670 FO?L'::. 3{J3.477 .0965 MEMORANDUM TO: Mayor and Council FROM: Gerald Dahl, City Attorney DATE: June 4, 2007 RE: Senate Bill 07-260 Chief Brennan has requested an ordinance amending certain sections of Chapter 16 Article III pursuant to inflationary adjustments suggested in Senate Bill 07-260. After reviewing the bill and researching its requirements we have drafted the attached ordinance to amend Sections 16-41 through 16-43. Senate Bill 07-260 does not mandate that the City make these amendments. We recommend that Council make the amendments for the same reasons the General Assembly adopted the bill and because the amendments expand the jurisdiction for which the City may prosecute these crimes. The General Assembly adopted Senate Bill 07-260 to "Increase various threshold loss amounts in criminal statutes" and that the "increase to value-based crimes contained in the [bill] is based upon inflationary changes. . . ." Generally, all of the bill's amendments, which apply to the City, increase the threshold loss amounts for which a person may be charged with a felony to one thousand dollars. Anything less than one thousand dollars remains a misdemeanor and therefore is within the jurisdiction of the City's Municipal Court. Previously, the City could not prosecute property crimes where the value of property exceeded five hundred dollars. Therefore, the amendments expand the City's ability to prosecute more crimes against property occurring within its borders. Three sections of the Code are addressed in the bill. Those are sections 16-41 through 16-43. Section 16-41 addresses theft. Section 16-42 addresses theft by fraudulent check. Section 16-43 addresses criminal mischief. The ordinance only changes the dollar values listed in these sections. There are no substantive changes. ATTACHMENT 1 NOTE: This bill has been prepared for the signatnre of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consnlt the legislative status sheet, the legislative history, or the Session Laws. o --.-/ -- ~ ~~ /' - SENATE BILL 07-260 BY SENATOR(S) Tapia, Keller, Johnson, aod Boyd; also REPRESENTATIVE(S) White, Buescher, Pommer, Carroll M., Carroll T., Casso, Gallegos, aod Todd. CONCE&~.JG CHM.J"GES TO CRll-..1I1"lAL L}1..\VS TO REDUCE THE COSTS OF INCARCERATION. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Legislative declaration. The general assembly hereby finds aod declares that the increase to value-based crimes contained in this act is based upon inflationary chaoges since the previous time the general assembly enacted ao increase to value-based crimes. SECTION 2. 12-44-102, Colorado Revised Statutes, is amended to read: 12-44-102. Defrauding an innkeeper. 1\ny A person who, with intent to defraud, procures food or accommodations from any A public establishment, without making payment therefor in accordaoce with his or her agreement with such THE public establishment, is guilty of a misdemeaoor if the total amount due under such THE agreement is :five hdlldr{.d ONE THOUSAND dollars or less aod, upon conviction thereof, shall ATTACHMENT 2 be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment; and, if the amount due under stteh THE agreement is more than ;i.v l.umlvL ONE THOUSAND dollars, stteh THE person commits a class 6 felony and shall be punished as provided in section 18-1.3-401, c.R.S. SECTION 3. 18-4-40 I (2), (4), and (8), Colorado Revised Statutes, are amended to read: 18-4-401. Theft. (2) Theft is: () 'I ~ ., ." 'I ' "-'J....-" . , .. I a ,r\. '"' u,:,,,'.J uu,')Uvu.tVUUUJ. 1.1. -L- 10 va..u\.- U.L'---uIt::;-uuu5 .I.UV Vol VVc.. 1':' """" {L.u..u. v.u.~ L.u.u~v~-clV}~UJ.'" (b) A class 2 misdemeanor if the value of the thing involved is one huuchcd dvr:u,o v. wu..o 1u' less than five hundred dollars; (b.5) A CLASS I MISDEMEANOR IF THE VALUE OF THE THING INVOLVED IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOllARS; (c) A class 4 felony if the value of the thing involved is five 1,~,J...oJ ONE THOUSAND dollars or more but less than fifuu! TWENTY thousand dollars; (d) A class 3 felony if the value of the thing involved is fifteen TWENTY thousand dollars or more. (4) When a person commits theft twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses, and the aggregate value of the things involved is G. v':M,":red ONE THOUSAND dollars or more but less than fiftc;cn TWENTY thousand dollars, it is a class 4 felony; however, if the aggregate value of the things involved is fift-cGll TWENTY thousand dollars or more, it is a class 3 felony. (8) A municipality shall have concurrent power to prohibit theft, by ordinance, where the value of the thing involved is less than;; v.o l,uuJ,....~ ONE THOUSAND dollars. PAGE 2-SENATE BILL 07-260 SECTION 4. 18-4-402 (2), (3), (4), (5), and (6), Colorado Revised Statutes, are amended, and the said 18-4-402 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 18-4-402. Theft of rental property. (2) Thdt 0; .v,,'d.; l'ovl''''''Y . , J . J I -I . r -I . -.". I .w U ....,iu.:J'" .I.U.L,:) "'J.UC,U.UVJ. ~. ~C.iC llCVa.n.:u:" ill L.LC pJ.vp0.Ll.Y u"-VV.LV0(...1.) 0,.')" tl.lUJ..l vuv':J.uula.0L. JJ:!u.L"'. (3) Theft of rental property is a class 2 misdemeanor where the value of the property involved ;, V"" !.u"JLv.::-tlJ;I=o VL muw .:...J is less than five hundred dollars. (3.5) THEFT OF RENTAL PROPERTY IS A CLASS I MISDEMEANOR WHERE THE VALUE OF THE PROPERTY INVOLVED IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS. (4) Theft of rental property is a class 5 felony where the value of the property involved is ;;'V';LU"Jred ONE THOUSAND dollars or more but less than Bfk"" TWENTY thousand dollars. (5) Theft of rental property is a class 3 felony where the value of the property involved is f;ftGCil TWENTY thousand dollars or more. (6) When a person commits theft of rental property twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses, and the aggregate value of the property involved is f;,,:- !.~"Jred ONE THOUSAND dollars or more but less than fiftGcn TWENTY thousand dollars, it is a class 5 felony; however, if the aggregate value of the property involved is f;ftccII TWENTY thousand dollars or more, it is a class 3 felony. SECTION 5. 18-4-409 (3) and (4), Colorado Revised Statutes, are amended to read: 18-4-409. Aggravated motor vehicle theft. (3) Aggravated motor vehicle theft in the first degree is a: (a) Class 4 felony if the value of the motor vehicle or motor vehicles involved is fiftc,('1I TWENTY thousand dollars or less; PAGE 3-SENATE BILL 07-260 (b) Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than fjftcCl1 TWENTY thousand dollars or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States. (4) A person commits aggravated motor vehicle theft in the second degree if he or she knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception and if none of the aggravating factors in subsection (2) of this section are present. Aggravated motor vehicle theft in the second degree is a: (a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is fifte.m TWENTY thousand dollars or more; (b) Class 6 felony if the value of the motor vehicle or motor vehicles involved is fi,~ l.uuJ....J ONE THOUSAND dollars or more but less than ;iflcCll TWENTY thousand dollars; (c) CLoo';: CLASS I misdemeanor if the value of the motor vehicle or motor vehicles involved is less than r:, ~-;<uuJ<"C: ONE THOUSAND dollars. SECTION 6. 18-4-410 (2), (3), (4), (5), (6), and (7), Colorado Revised Statutes, are amended, and the said 18-4-410 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 18-4-410, Theft by receiving. (2) Vll<~.~ a.~ ,,;;u... vi J,<. C:';l1g ~.lV\.f~v,",G.~" 1""~6 JU.U.l vu\.;- L.UllJ.llVG. Jv;!UJ.':', a.l""iL ~J J..c.,-,v~v;uo ;" a 1".1.1"" J l.l':'"J\"'.l,u",u...uV.L . (3) Where the value of the thing involved is uu~';<~.J<<.J Jull"" 0' f..v<v ~u, less than five hundred dollars, theft by receiving is a class 2 misdemeanor. (3.5) WHERE THE VALUE OF THE THING INVOLVED IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS, THEFT BY RECEIVING IS A CLASS I MISDEMEANOR. PAGE 4-SENATE BILL 07-260 (4) Where the value of the thing involved is G,v t~,J,,,J ONE THOUSAND dollars or more but less than fd'tG"fi TWENTY thousand dollars, theft by receiving is a class 4 felony. (5) Where the value of the thing involved is fifteen TWENTY thousand dollars or more, theft by receiving is a class 3 felony. (6) When the aggregate value of the thing or things involved is me hunched ONE THOUSAND dollars or more and the person committing theft by receiving is engaged in the business of buying, selling, or otherwise disposing of stolen goods for a profit, theft by receiving is a class 3 felony. (7) When a person commits theft by receiving twice or more within a period of six months without having been placed in jeopardy for the prior offenses and the aggregate value of the things involved is me Imn.h(.d ONE THOUSAND dollars or more but less than fifteen TWENTY thousand dollars, it is a class 4 felony; however, if the aggregate value of the things involved is fifteen TWENTY thousand dollars or more, it is a class 3 felony. SECTION 7. 18-4-501 (I), Colorado Revised Statutes, is amended to read: 18-4-501. Criminal mischief. (I) Any A person who knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest in the course of a single criminal episode, commits a v'uoo } CLASS 2 misdemeanor where the aggregate damage to the real or personal property is less than one FIVE hundred dollars. Vll,,,.v (;,,, J J' . ., '-...L..l 'I agg.ll.:-gaLv -lLiua6vl.V -- .Lv J.va. 0.1.. pV.l.Clvua.l. P.l.VpV.Ll.] .L~ V.l..u....'u...u..I.uT\JITu....r... u....o.)......o. .LuOJ." Lu~ 1".')>.') Litan--.:iv,," lu..u.LJ.L"'G. Jv:IUI.", "u.......L. p........"vu .....V..U_ll.U.:.~" u .....{~"" :z w;,J"w"~,v,. WHERETHEAGGREGATEDAMAGETOTHEREALORPERSONAL PROPERTY IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS, THE PERSON COMMITS A CLASS 1 MISDEMEANOR. Where the aggregate damage to the real or personal property is {i, v';.~,J..."C: ONE THOUSAND dollars or more but less than fifteen TWENTY thousand dollars, sneh THE person commits a class 4 felony. Where the aggregate damage to the real or personal property is fiftG"fi TWENTY thousand dollars or more, sneh THE person commits a class 3 felony. PAGE 5-SENATE BilL 07-260 SECTION 8. 18-5-205 (3) (a), (3) (b), and (3) (c), Colorado Revised Statutes, are amended, and the said 18-5-205 (3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to read: 18-5-205. Fraud by check - definitions - penalties. (3) Fraud by check is: (a) ':i:\ ....{u.~...,.J u~...,J""J..u....u...lJ'-V..l. :; the. f1.lrttdtll{,11L ....{.L.........~ nu...-, :.1.1. a.l...... ..,l.UU vf .:.....,.., ;1.1.u...I.I. vu'"'.;.lU..1.lJ.L....~-clv};UJ...." (b) A class 2 misdemeanor if the fraudulent check was for the sum of vuv.:.~uJ.vc: J-:.r:I..." u, UM" ....J less than five hundred dollars or if the offender is convicted of fraud by check involving the issuance of two or more checks within any A sixty-day period in the state of Colorado totaling UH" lum6,,,J J",;]..." u, 'HU'" ....,.1 less than five hundred dollars in the aggregate; (b.5) ACLASS 1 MISDEMEANOR IF THE FRAUDULENT CHECK wAS FOR THE SUM OF FNE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS OR IF THE OFFENDER IS CONVICTED OFFRAUD BY CHECK INVOLVING THE ISSUANCE OF TwO OR MORE CHECKS WITHIN A SUCTY-DAY PERIOD IN THE STATE OF COLORADO TOTALING FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS IN THE AGGREGATE; (c) A class 6 felony if the fraudulent check was for the sum of five I.~,":,,,C: ONE THOUSAND dollars or more, or if the offender is convicted of fraud by check involving the issuance of two or more checks within any A sixty-day period in the state of Colorado totaling r:.v IM.J,vC: ONE THOUSAND dollars or more in the aggregate, or if the offender has been twice previously convicted under this section or a former statute of this state of similar content and purport; SECTION 9. 18-5-206, Colorado Revised Statutes, is amended to read: 18-5-206. Defrauding a secured creditor or debtor. (1) If a person, with intent to defraud a creditor by defeating, impairing, or rendering worthless or unenforceable any security interest, sells, assigns, transfers, conveys, pledges, encumbers, conceals, destroys, or disposes of any collateral subject to a security interest: PAGE 6-SENATE BILL 07-260 (a) 3u.(,,1~ p"-'~..')VH .....VUllU:.....') u .....lu.~" : u....:"J.....J.u.....u.......v... .::....1t..... -y-~ltlv of the.. eoHaL.....~u.l :.., I....."" J~u.u vw.....:~u..u~Icd dollMs, (b) Such THE person commits a class 2 misdemeanor if the value of the collateral is vu~ :;'~n':red-clv-:Ia.'; v. wv.<- L..< less than five hundred dollars; (b.5) THE PERSON COMMITS A CLASS 1 MISDEMEANOR IF THE VALUE OF THE COLLATERAL IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS; (c) Such THE person commits a class 5 felony if the value of the collateral is {i, ~ IM~..Jed ONE THOUSAND dollars or more but less than fift-a.!l TWENTY thousand dollars; and (d) Such THE person commits a class 3 felony if the value of the collateral is fiftc(.!l TWENTY thousand dollars or more. (2) If a creditor, with intent to defraud a debtor, sells, assigns, transfers, conveys, pledges, buys, or encumbers a promissory note or contract signed by the debtor: () n, ", ., ~ . J '" " ..., a 0u.\".;J.~ .............G.u........i. \,.....vJ..................1." u. .....:..u.,," -' .l~ll" .........1..1......"'".1..0........... ~-,,;....., (,W..b:v...........L .,. .' I I ... I " OWUJ.5 VU ta.J."-' uO-(."-' O.l. ("uu-u.a.(,,(. .1>:1 "-'.').') (. J.a.u UU"-'IJ..l.:u.J.~{u"-'u u.V{~(:U>:l, (b) Such THE creditor commits a class 2 misdemeanor if the amount owing on sneh THE note or contract is "U<-':M~.1~J JJ.la.o .:.. U"V~V ~;.;t less than five hundred dollars; (b.5) THE CREDITOR COMMITS A CLASS I MISDEMEANOR IF THE AMOUNT OWING ON THE NOTE OR CONTRACT IS FIVE HUNDRED DOT T ^" ~ OR MORE BUT LESS THAN ONE THOUSAND DOLLARS; (c) Such THE creditor commits a class 5 felony if the amount owing on sneh THE note or contract is {;, ~':~uu..Jed ONE THOUSAND dollars or more but less than f;ft'Cc.n TWENTY thousand dollars; and (d) Such THE creditor commits a class 3 felony if the amount owing on sneh THE note or contract is fjft('Cll TWENTY thousand dollars or more. PAGE 7-SENATE BILL 07-260 SECTION 10. 18-5-502, Colorado Revised Statutes, is amended to read: 18-5-502. Failure to pay over assigned accounts. Where, under the terms of an assignment of an account, as defined in section 4-9-102 (a) (2), C.RS., the assignor, being permitted to collect the proceeds from the debtor, is to pay over to the assignee any of such THE proceeds and, after collection thereof, the assignor willfully and wrongfully fails to pay over to the assignee sttclt THE proceeds amounting to;; ,,,"';,uuJ,,,J ONE THOUSAND dollars or more, the person commits a class 5 felony. Where the amount of such THE proceeds withheld by the assignor is less than I;, v':,uuJred ONE THOUSAND dollars, the person commits a v-:uoo.:;: CLASS 1 misdemeanor. SECTION 11. 18-5-504, Colorado Revised Statutes, is amended to read: 18-5-504. Concealment or removal of secured property. If a person who has given a security interest in personal property, as security interest is defined in section 4-1-201 (b) (35), C.RS., or other person with actual knowledge of such THE security interest, during the existence of the security interest, knowingly conceals or removes the encumbered property from the state of Colorado without written consent of the secured creditor, the person commits a class 5 felony where the value of the property concealed or removed is {t,,, I.~...:red ONE THOUSAND dollars or more. Where the value of the property concealed or removed is less than five 1,~,J'''"t: ONE THOUSAND dollars, the person commits a J.uoo 2 CLASS I misdemeanor. SECTION 12. 18-5-505, Colorado Revised Statutes, is amended to read: 18-5-505. Failure to pay over proceeds unlawful. Where, under the terms of any AN instrument creating a security interest in personal property, as security interest is defined in section 4-1-201 (b) (35), C.RS., the person giving the security interest and retaining possession of the encumbered property and having liberty of sale or other disposition, is required to account to the secured creditor for the proceeds of such THE sale or other disposition, and willfully and wrongfully fails to pay to the secured creditor the amounts due on account thereof, the person giving the security interest commits a class 5 felony where the amount of the proceeds withheld PAGE 8-SENATE BIll 07-260 is fivc hand,cd ONE THOUSAND dollars or more. If the amount of the proceeds withheld is less than f;vv Imu.:red ONE THOUSAND dollars, the person commits a v{u>> '2 CLASS I misdemeanor. SECTION 13. 18-5-702 (3), Colorado Revised Statutes, is amended to read: 18-5-702. Unauthorized use of a financial transaction device. (3) Unauthorized use of a financial transaction device is: (a) 1\ ..."{u,,.;) ~ l'\J~ty-of;\.,u...,,",, ~;"'JJ."'" V~l.I.\,.. u.:.'.....UJ..... '""u.,j'~.l, v,u...J;~, p.L'-'1-'''''.I.~Y; V.L ~~J. v:............., ..Ju~'a'inetl V.L v~""1he-'r:..u.u-.l.I......:u.l pu..rU.Lvut" H.LuJ..:... :" 1...,.;" U.L(.UJ. v.m.... htm&.cd d.1.1",>, (b) A v:uoo 2 CLASS 1 misdemeanor if the value of the cash, credit, property, or services obtained or of the financial payments made is one l.uu";'vL. J.1.I",o Vi mu.v':"u' less than fi VC hUilc:hed ONE THOUSAND dollars; (c) A class 5 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is {i,v l,uuJred ONE THOUSAND dollars or more but less than fiftWll TWENTY thousand dollars; (d) A class 3 felony if the value of the cash, credit, property, or services obtained or of the financial payments made is fiftc(,Jl TWENTY thousand dollars or more. SECTION 14. 18-5.5-102 (3) (a), Colorado Revised Statutes, is amended to read: 18-5.5-102. Computer crime. (3) (a) Except as provided in paragraph (b) of this subsection (3), if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is tess-H.I.UJ.J. VUV lu....uJrecl JvUw.", '-'V.lUpu~"",.l "-'J.:J.u,", :" u. ,.:lu."" :,.. nriscl'A.U,,",W.lV.l, ~: U.l.lv L.u.lJ.~recl Jv~lt.u.'; 0.1 .lUV.l'-' Lu~ less than five hundred dollars, computer crime is a class 2 misdemeanor; IF FNE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS, COMPUTER CRIME IS A CLASS I MISDEMEANOR; if fj. c huuc:h(.d ONE THOUSAND dollars or more but less than fiftcelj TWENTY thousand dollars, computer crime is a class 4 felony; if fiftccl1 TWENTY thousand dollars or more, computer crime is a class 3 felony. PAGE 9-SENATE BILL 07-260 SECTION 15. 26-2-306 (2) and (3), Colorado Revised Statutes, are amended to read: 26-2-306. Trafficking in food stamps. (2) Trafficking in food stamps is: (a) f\ ",1<<.:)'">- J Hl~i)J",U.~""u.u.v~ l.ll~J,-,.l "".A..,~~VU lC-1.3-.S'9t;-2.:R.J., .:r:.he vulu.v v:'--the--{vvG. L:)~(..U.up"';" I",,,,, l.L.u.u VH'-'-~.lU.uJJ.'-'~ Jvau.Li>; (b) A class 2 misdemeanor under section 18-1.3-501, C.RS., if the value of the food stamps is UHV 1'~HJ.vC: ";vi;<uo u, mUH"-;.",, less than five hundred dollars; (b.5) A CLASS 1 MISDEMEANOR UNDER SECTION 18-1.3-501, C.RS., IF THE VALUE OF THE FOOD STAMPS IS FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN ONE THOUSAND DOLLARS; (c) A class 4 felony under section 18-1.3-401, C.RS., if the value of the food stamps is r;, v.;.~..:xed ONE THOUSAND dollars or more but less than fifk.:,,, TWENTY thousand dollars; (d) A class 3 felony under section 18-1.3-401, C.RS., if the value of the food stamps is {;;lv':-H TWENTY thousand dollars or more. (3) When a person commits the offense of trafficking in food stamps twice or more within a period of six months without having been placed in jeopardy for the prior offense or offenses and the aggregate value of the food stamps involved is five-1,.,,,J.,,," ONE THOUSAND dollars or more but less than fiftc.:-" TWENTY thousand dollars, it is a class 4 felony; however, if the aggregate value of the food stamps involved is fttkv" TWENTY thousand dollars or more, it is a class 3 felony. SECTION 16. 42-5-103 (2), Colorado Revised Statutes, is amended to read: 42-5-103. Tampering with a motor vehicle. (2) Tampering with a motor vehicle is: (a) A v{uoo 2. CLASS 1 misdemeanor if the damage is less than five 1.~.J."J ONE TIfOUSAND dollars; PAGE IO-SENATE BILL 07-260 (b) A class 5 felony if the damage is ,i.v';.~.J.v'; ONE THOUSAND dollars or more but less than fifteen TWENTY thousand dollars; (c) A class 3 felony if the damage is ftftc{,Jl TWENTY thousand dollars or more or causes bodily injury to any A person. SECTION 17. 42-5-104 (2) and (3), Colorado Revised Statutes, are amended to read: 42-5-104. Theft of motor vehicle parts - theft of license plates. (2) Theft of motor vehicle parts is: (a) A v;uoo ~ CLASS 1 misdemeanor if the value of the thing involved is less than {i.':'-;.uu.:red ONE THOUSAND dollars; (b) A class 5 felony if the value of the thing involved is {; vC:;mu.:red ONE THOUSAND dollars or more but less than fifta.ll TWENTY thousand dollars; (c) A class 3 felony if the value of the thing involved is fifk(.u TWENTY thousand dollars or more. (3) When a uerson commits theft of motor vehicle parts two times . . or more within a period of six months without having been placed in jeopardy for the prior offense or offenses and the aggregate value of the things involved is i;. v';.uuJ."J ONE THOUSAND dollars or more but less than fifteen TWENTY thousand dollars, it is a class 5 felony; however, if the aggregate value of the things involved is fift-ccn TWENTY thousand dollars or more, it is a class 4 felony. SECTION 18. 24-33.5-503 (I), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read: 24-33.5-503. Duties of division. (I) The division has the following duties: (s) To REPORT, ON OR BEFORE JANUARY 15, 2011, AND EVERY FIVE YEARS THEREAFrER, IN CONSULT ATION WITH THE STATE ECONOMIST , TO THE JUDICIARY COMlV1111nnS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, OR ANY SUCCESSOR COMMITTEES, RECOMMENDATIONS PAGE ll-SENATE BILL 07-260 FOR CHANGES TO VALUE-BASED CRIMES BASED UPON INFLATIONARY CHANGES DURING THE PREVIOUS FIVE YEARS. SECTION 19. Effective date - applicability. This act shall take effect July 1, 2007, and shall apply to offenses committed on or after said date. SECTION 20. Safety clause. The general assembly hereby finds, PAGE 12-SENATE BILL 07-260 determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety. Joan Fitz-Gerald PRESIDENT OF THE SENATE Aodrew Romanoff SPEAKER OF THE HOUSE OF REPRESENTATIVES Karen Goldman SECRETARY OF THE SENATE Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES APPROVED Bill Ritter, JI. GOVERNOR OF THE STATE OF COLORADO PAGE 13-SENATE BILL 07-260 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 14-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 16, ARTICLE III, SECTIONS 41 THROUGH 43 OF THE CITY CODE CONCERNING MISCELLANEOUS OFFENSES WHEREAS, the City of Wheat Ridge, acting through its City Council (the "Council"), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C. R.S. ~~ 31-15-401 to punish criminal offenses committed within the City; and WHEREAS, the Council has previously adopted code sections concerning offenses against property rights, codified in Chapter 16, Article III of the Code of Laws of the City of Wheat Ridge (the "Code"); and WHEREAS, these code sections contain dollar value limitations; and WHEREAS, the Council determined that those values require inflationary adjustments; and WHEREAS, the City's Police Department has determined that updating Chapter 16, Article III, Sections 41 through 43 of the Code to be consistent with state law amendments will provide for better regulation of property crime within the City; and WHEREAS, the Council desires to amend the Code accordingly. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code of Laws Section 16-41 (b) is hereby amended to read: Sec. 16-41 Theft - generally. (a) . . . (b) This section shall not apply when the aggregate value of the items taken in anyone (1) criminal episode is valued at #.fz hl:nt1fe6 ONE THOUSAND dollars ($500.00) ($1,000.00) or more, nor where the item taken is a motor vehicle, rental property, trade secret, or credit device. ATTACHMENT 3 Further, this section shall not apply where the theft is committed by fraudulent use of a check or credit device. Section 2. Code of Laws Section 16-42 (e) is hereby amended to read: Sec. 16-42 Theft - by check. (a) . . . (e) Nothing in this section shall apply where the value of the check exceed f;;:.;~ r.;'mdroJ ONE THOUSAND dollars ($400.00) ($1,000.00), or where the offender is under accusation or formal criminal filing involving the issuance of two (2) or more checks within any sixty-day period in the state with an aggregate value of k:.;~ r.:.;~ ONE THOUSAND dollars ($400.00) ($1,000.00) or more. Nor shall this section apply where the offender has been previously convicted under this section, or under any existing or former statute of the state involving the issuance of bad checks or theft or fraud by check. Section 3. Code of Laws Section 16-43 is hereby amended to read: Sec. 16-43 Criminal mischief. It is unlawful for any person to knowingly or recklessly injure, damage or destroy the real or personal property owned by another, in whore or in part; provided that this section shall not apply where the aggregate damage in any one (1) criminal episode to such real or personal property is k:.;~ r.undred ONE THOUSAND dollars ($400.00) ($1,000.00) or more, or where the damage is effected by means of fire or explosives or with the intent to defraud. Section 4. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Effective Date. This Ordinance shall take effect July 1, 2007 as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of June, 2007, 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 June 25, 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of June, 2007. SIGNED by the Mayor on this day of _, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: 6-14-2007 Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: CO , REQUEST FOR CITY COUNCIL ACTION ~",,'~~' k. '"~,C' 'TIT ,'" I~"'" IIUUII ~-,~ ~.;A~,"'" ~ """d. ~~___ -~~l COUNCIL MEETING DATE: June 25, 2007 TITLE: COUNCIL BILL 15-2007 - AN ORDINANCE ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS IZI PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) IZI ORDINANCES FOR 2ND READING Quasi-Jud iCi)Jjl: . 0 l-)I~res -1,.. L--'. j~\ 'ii . 'OA)J/, / H Deputy City Manag' i ' IZI No (~ .,rr~ City Manag~ <J EXECUTIVE SUMMARY: On March 5, 2007, the Federal Communications Commission (FCC) released an Order and Further Notice of Proposed Rulemaking that impacts the local cable franchising process. In response to the Franchise Applicationstrime Limits ofthis Order, the Greater Metro Telecommunications Consortium (GMTC), which Wheat Ridge is a member of, drafted the proposed Ordinance Adopting a Competitive Cable Franchise Application, Review and Evaluation Process. The purpose of the proposed ordinance is to provide detailed description of the information that an applicant must submit at the time of franchise application. Specifically, the proposed GMTC Ordinance is in response to FCC action related to franchise applications and time limits. The FCC established a "shot clock" which is a mechanism that cable companies can use in the local franchising process. The FCC found that "failure to grant or deny a competitive franchise application within its time limits per se is unreasonable. If the franchise applicant is an entity with preexisting authority to use the rights of way (i. e. telephone companies, among others), the maximum time frame for a Local Franchising Authority to act is 90 days. If the applicant does not already have the authority for facilities in the rights of way the deadline is 180 days. The 'shot clock' starts ticking when an application for a competitive franchise is filed. While there is no standard form for an application, the FCC found that it must include the following minimum information: 1. The applicant's name, 2. The names of the applicant's officers and directors, 3. The business address of the applicant, 4. The name and contact information of a designated contact for the applicant, 5. A description of a geographic area that the applicant proposes to serve, 6. The PEG channel capacity and capital support proposed by the applicant, 7. The term of the agreement proposed by the applicant, 8. Whether the applicant holds an existing authorization to access the public rights-of-way in the subjectfranchise service area, 9. The amount of franchise fee the applicant offers to pay, 10. Any additional information required by applicable state and local laws, A Local Franchising Authority and an applicant may agree in writing to extend the 90/180-day time period for negotiations." The key with the proposed ordinance is that the 90/180 shot clock will not begin to run until all local information is provided to the City. The proposed ordinance, as recommended by GMTC, does include the minimum information requirements as outlined above by the FCC. The proposed ordinance establishes an application, review and evaluation process. Additionally, the proposed ordinance identifies required information, legal, financial, and technical qualifications. COMMISSION/BOARD RECOMMENDATION: No Commission or Board recommendation is necessary. STATEMENT OF THE ISSUES: Currently, the City of Wheat Ridge does not have an Ordinance that identifies what must be submitted to the City in an application for a competitive franchise. If the City Council does not approve the proposed ordinance, it is important to note that if City action is not taken in accordance to the new shot clock rules, the FCC has determined that "an interim franchise will be automatically deemed 'granted, ' permitting the applicant rights to public property in order to deploy its cable system and offer services." Again, it is very important that the City Council adopt this ordinance in order to control at what point the shot clock begins when an application is submitted. The City Attorney's Office has reviewed the proposed Ordinance and believes it will be of benefit to the City. Staff recommends the City move forward with the adoption ofthe proposed Ordinance. ALTERNATIVES CONSIDERED: There are no alternatives. FINANCIAL IMPACT: There is no financial impact as a result of the proposed Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 15-2007 - An Ordinance Adopting a Competitive Cable Franchise Application, Review and Evaluation Process in Connection with Any Franchise Application Submitted Pursuant to Section 76.41 of Title 47 of the Code of Federal Regulations on second reading, and that it take effect upon adoption." or, "I move to table indefinitely Council Bill .15-2007. - An Ordinance Adopting a Competitive Cable Franchise Application, Review and Evaluation Process in Connection with Any Franchise Application Submitted Pursuant to Section 76.41 of Title 47 of the Code of Federal Regulations for the following reason( s) " Report Prepared by: Reviewed by: Heather Geyer, Assistant to the City Manager Patrick Goff, Deputy City Manager Randy Young, City Manager /hmg Attachments: 1. Council Bill 15-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 15-2007 Ordinance No. AN ORDINANCE ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO H6.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS WHEREAS, On December 20, 2006, the Federal Communications Commission ("FCC") adopted a new rule, set forth in a Report and Order and Further Notice of Proposed Rulemaking that was released March 5, 2007, that among other things, provides a separate, nonexclusive process for the issuance of cable franchises for areas currently served by another cable operator (the "Competitive Franchise Application Rule" or "CFAR"); and WHEREAS, the CFAR provides that local franchising authorities may require application information from an applicant for a competitive cable franchise, in addition to the information set forth in the CFAR; and WHEREAS, the City of Wheat Ridge (hereinafter, the "City") has determined that in order to comprehensively evaluate whether or not to grant a competitive cable franchise, it will require certain information from applicants in addition to the information required by the CFAR; and WHEREAS, to ensure compliance with the CFAR, the City additionally seeks to codify the process for reviewing applications for competitive cable franchises, and the criteria upon which the final decision of the City will be based; and WHEREAS, the application requirements and the processes for application review and determination set forth in this Ordinance are intended to comply with the new FCC rules. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: -1- ATTACHMENT 1 Section 1. The Wheat Ridge Code of Laws is amended by renumbering existing Section 23-1 as Article 1 within Chapter 23, and by the adoption of a new Article 2, entitled "Competitive Cable Franchise Application, Review and Evaluation, " to read as follows: Sec. 23-2. Instructions and definitions. A. An applicant for a competitive cable franchise ("Applicant") shall include the requisite information set forth below, in writing, in its franchise application, in addition to any information required by 47 CFR 916.41 and applicable state and local laws and the application fee set by resolution of the City Council. B. The City shall accept and review only t~ose applications that include complete responses to every requirement of Section 2 of this Ordinance. Submission of an application that does not include the requisite information set forth in Section 2 and the application fee shall not commence the time period for granting or denying the application set forth in 47 C.F.R. S76.41(d). The Applicant shall submit additional or updated information as necessary to ensure the requisite information provided is complete and accurate for the City's review of the application. C. Applications shall be made to the Office of the City Manager. D. Upon request, the City will promptly provide access to documents or information in its possession or control that are necessary for the completion of this application, provided that the Applicant does not otherwise have access to such documents or information and that such documents or information are subject to disclosure under Colorado open records laws. E. For the purposes of the application, the terms, phrases, and their derivations set forth below shall have the meanings given unless the context indicates otherwise. When not consistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. The word "shall" is always mandatory and not merely directory. 1. "Affiliated Entity" or "Affiliate" means any entity having ownership or control in common with the Grantee, in whole or in part, including, without limitation, Grantee's Parent Corporations and any subsidiaries or affiliates of such Parent Corporations. -2- 2. "Applicant" means an applicant for a cable franchise pursuant to the provisions of the Competitive Franchise Application Rule ("CFAR") set forth in Part 76 of Title 47 of the Code of Federal Regulations, n6.41, and includes the Parent Corporation, its subsidiaries and Principals. 3. "City" means the City of Wheat Ridge, a Colorado home rule municipality. 4. "Control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. 5. "Interest" includes officers, directors and shareholders owning five percent (5%) or more of the Applicant's outstanding stock or any equivalent voting interest of a partnership or joint venture. 6. "Parent Corporation" includes any entity with ownership or control of the Applicant. 7. "Principal" includes any person, firm, corporation, partnership, joint venture, affiliates, or other entity, who or which owns or controls five percent or more of the voting stock (or any equivalent voting interest of a partnership or joint venture) of the Applicant. 8. "Regulatory Authority" includes any governmental or quasi- governmental organization or entity with jurisdiction over all or any portion of the Applicant or its operations. Sec. 23-3. Required information. A. Identification and Ownership Information. include: The application shall 1. The name, address, telephone number and web site (if applicable) of the Applicant and the proposed franchisee (if different from Applicant); and 2. The name, address, primary telephone number and primary e- mail address of all individual(s) authorized to represent the Applicant before the City during its consideration of the franchise(s) requested, including the Applicant's primary contact and any additional authorized contacts. -3- B. Business Structure. 1. If a corporation, the Applicant shall provide: (a) A list all officers and members of the Board of Directors, their principal affiliations and their addresses; (b) A certificate of good standing indicating that the Applicant is licensed to do business in the State of Colorado; and (c) A statement indicating whether the Applicant is directly or indirectly controlled by another corporation or legal entity. If so, Applicant shall attach an explanatory statement and respond to subsections 1 (a) and (b) above concerning the controlling corporation. 2. If a partnership, the Applicant shall: (a) Describe the structure of the partnership and the interests of general and limited partners; and (b) State whether the Applicant is controlled directly or indirectly by any corporation or other legal entity. If so, Applicant shall attach an explanatory statement and respond to subsections 1 (a) and (b), or 2(a) above, as applicable, concerning the controlling entity. C. Experience. 1. Current Franchises. An Applicant shall list all cable systems in which it or any Affiliate owns more than five percent of the system. For each system Applicant shall include name of system, address, communities served, number of subscribers, number of homes passed, date of system award, duration (start and end date) of franchise, status of construction, and percent of penetration of homes passed as of the most recent available date (indicate date). 2. Potential Franchises. An Applicant shall list communities where it or any Affiliate currently has a formal or informal request pending for an initial franchise, the renewal of a franchise, or the approval of a transfer of ownership. The Applicant shall include the name of communities, date of application, and date of expected action. -4- D. . Management Structure. 1. Every application for a competitive franchise shall include a management/organizational chart, showing the management structure of the Applicant. A similar chart shall also be provided showing the relationship of the Applicant to all general partners, Parent Corporations, subsidiaries, Affiliates and all other subsidiaries of Parent Corporations, including a brief description of each entity's relationship to the Applicant. Sec. 23-4. Legal qualifications. A. Media Cross-Ownership. 1 . Section 613 of the Cable Communications Policy Act of 1984, 47 U.S.C. ~533 (a), and applicable FCC rules prohibit certain forms of media cross-ownership. An Applicant shall state whether it or an Affiliate directly or indirectly owns, operates, controls or has an Interest in any of the following, or whether the Applicant holds or operates any company or business operating jointly with any of the following: (a) A national broadcast television network (such as ABC, CBS or NBC, etc.). (b) A television broadcast station whose predicted Grade B contour, computed in accordance with Section 73.684 of the FCC's rules, overlaps in whole or in part the City's service area, or an application for license to operate such a station. (c) A telecommunications or telephone company whose service area includes any portion of the City's service area. 2. If the response to any of Subsections (a) - (c) above is affirmative, the Applicant shall state the name of the Applicant or Affiliate, the nature and percentage of ownership or Interest and the company that is owned or in which the Interest is held. B. Franchise Violations. 1. An Applicant shall state whether it or any Affiliate has been found in violation by a Regulatory Authority or franchising authority of any -5- franchise ordinance or agreement, contract or regulation governing a cable system. If so, the Applicant shall identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. C. Other Violations. 1 . An Applicant shall state whether it has been found in violation by a Regulatory Authority of any other type (e.g. utility) of franchise, ordinance, agreement, permit, contract or regulation. If so, the Applicant shall identify the judicial or administrative proceeding, giving the date, name of tribunal and result or disposition of that proceeding. Sec. 23-5. Financial qualifications. A. Unless SEC Forms 10K and 100 are available on the EDGAR database, Applicants with existing operations shall provide audited financial statements, including statements of income, balance sheets and cash flow statements, together with any notes necessary to the understanding of the financial statements for the last three fiscal years for the Applicant and any Parent Corporation. B. Applicants that are new (start-up) entities shall provide pro forma projections for the next five fiscal years, if available, but at a minimum the next three fiscal years from the date of the application. Sec. 23-6. Technical qualifications, planned services and operations. A. The application shall describe the Applicant's planned initial and proposed cable services geographic area, including a map of all areas proposed to be served and proposed dates for offering service to each area. The application shall additionally state whether the Applicant proposes to provide cable services to the entire franchise area, and if so, a proposed timetable for meeting that goal. B. If the Applicant has or asserts existing authority to access the public right of way in any of the initial or proposed service areas listed in Section 5.A above, the Applicant shall state the basis for such authority or asserted authority and attach the relevant agreements or other documentation of such authority. C. The Applicant shall describe with particularity its planned residential Cable services, including basic cable services, other cable programming service -6- tiers, and any additional pay-per-view, on-demand or digital services; and the projected rates for each category or tier or service. D. The Applicant shall describe with particularity its planned system technical design, upstream and downstream capacity and speed, provision for analog or digital services or packages, distribution of fiber, planned count of households per residential node, and any other information necessary to demonstrate that the Applicant's technology will be deployed so as to be able to successfully offer cable services in the proposed locations. E. The Applicant shall describe with particularity its planned non- residential cable services. F. The Applicant shall describe its planned construction and extension or phase schedule, as applicable, including system extension plans or policy; and describe the current status of the Applicant's existing or proposed arrangements with area utilities, including pole attachments, vault, or conduit sharing agreements as applicable. G. The Applicant shall describe its plan to ensure that the safety, functioning and appearance of property and convenience and safety of other persons not be adversely affected by installation or construction of the Applicant's facilities, and that property owners are justly compensated for any damages caused by the installation, construction, operation or removal of the facilities. H. The Applicant shall describe its plan to comply with the subscriber privacy protections set forth in 47 U.S.C. !i551, and the privacy protections of the City's local cable customer service standards. Sec. 23-7 Affidavit of applicant. A. Each application shall be accompanied by an affidavit substantially in the form set forth below: This application is submitted by the undersigned who has been duly authorized to make the representations within on behalf of the Applicant and certifies the representations are true and correct. The Applicant recognizes that all representations are binding on it, that all application commitments are enforceable, and -7- that material misrepresentations or omiSSions, or failure to adhere to any such representation may result in a denial of an application by the City. The Applicant shall comply with all applicable local laws. Consent is hereby given to the City, and its representatives to make inquiry into the legal, character, technical, financial and other qualifications of the Applicant by contacting any persons or organizations named herein as references, or by any other appropriate means. Name of Applicant's Authorized Representative: Affiant's Signature: Official Position: Date: STATE OF COLORADO ) ) ss. COUNTY OF ) Subscribed and sworn to before me this 2007. day of -=' Witness my hand and official seal. My Commission expires: Notary Public Sec. 23-8. Open records and confidentiality. A. Unless otherwise provided by law, information submitted as part of an application is open to public inspection and subject to the Colorado Open Records Act. It is the Applicant's responsibility to be familiar with the Colorado Open Records Act. An Applicant may specifically identify any information it considers proprietary. In the event that the City receives a request from another party to disclose any information which the Applicant has deemed proprietary, the City will -8- tender to the Applicant the defense of any request to compel disclosure. By submitting information which the Applicant deems proprietary or otherwise exempt from disclosure, the Applicant agrees to defend and hold harmless the City from any claim for disclosure including but not limited to any expenses including out-of- pocket costs and attorneys' fees, as well as any judgment entered against the City for the attorney fees of the party requesting disclosure. Sec. 23-9. Application fee. The City shall, by resolution, set an application fee sufficient to cover the reasonable cost of processing applications under this Ordinance. Upon request of the Applicant, the City may reduce or waive the application fee. In evaluating such a request, the City will consider the following factors: (1) the size of the proposed franchise area; (2) the number of potential subscribers in the proposed franchise area; (3) the financial hardship to the Applicant (including any parent corporation or affiliate); and (4) other information relevant to the cost of processing the application and/or the Applicant's ability to pay the fee. Sec. 23-10. Review process. A. Acceptance of Application. 1 . Within five business days of receipt of an application, the City shall review the application to ensure that all requisite information is included in the application. 2. If the application is not complete, the City will notify the Applicant in writing, listing the requisite information that is required to complete the application and notifying the Applicant the that time period for granting or denying the application set forth in 47 C.F.R. ~ 76.41(d) will not begin to run until such information is received. 3. If the application is complete, the City will notify the Applicant in writing that all requisite information has been received. B. Staff Review. The City staff shall review all completed applications based on the review criteria set forth herein. If, during the review of an application, staff reasonably requires additional information from the Applicant, staff will promptly request the information from the Applicant, in writing, along with a notification that the time period for granting or denying the application set forth in 47 C.F.R. ~ 76.41 (d) will be tolled until such information is received by the -9- City. After completing the review, staff shall provide an analysis of the application to the City Council. C. Franchise Negotiations. Within the time period set forth in 47 C.F.R. ~ 76.41(d), the City shall attempt to negotiate a cable franchise agreement with the Applicant, and within that time period, schedule the application and any proposed franchise for public hearing as set forth in Section 23-11. Sec. 23-11. Public hearing. The City shall hold a public hearing before acting on the application, affording participants a process substantially equivalent to that required by 47 U.S.C. ~546(c)(2) governing renewal of cable franchises. Sec. 23-12. Review criteria. The City may deny an application based on the information provided in the application, at the public hearing and/or any terms of a proposed franchise agreement, if: A. The Applicant does not have the financial, technical, or legal qualifications to provide cable service; B. The Applicant will not provide adequate public, educational, and governmental access channel capacity, facilities, Oi financial support; or C. The Applicant's proposed terms do not comply with applicable federal, state and local laws and regulations including, but not limited to, local customer 'service standards, or relevant existing contractual obligations of the City. Sec. 23-13. Non-CFAR franchise applications. Notwithstanding any other provisions of this Ordinance, any competitive cable services franchise Applicant may elect to submit a cable franchise application to the City and/or engage in cable franchise negotiations without regard to the application of the FCC CFAR. In such cases, the City will negotiate the terms of a competitive cable franchise without regard to 47 CFR ~76.41 and the other provisions of this Ordinance. Agreement by any Applicant to negotiate a franchise without regard to 47 CFR 916.41 and the other provisions of this Ordinance shall not be deemed by the City to effect a waiver of any Applicant's right under applicable law to trigger application of 47 CFR 916.41 and this Ordinance, where -10- applicable. Section 2. Severabilitv: Conflictina Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed Section 3. Effective Date. This Ordinance shall be in full force and effect upon signature by the Mayor, as permitted by Section 5.11 of the Charter. -11- INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of June, 2001, 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 June 25, 2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 25th day of June, 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: 6-14-2007 Second Publication: Wheat Ridge Transcript Effective Date: -12- ITEM NO: J I REQUEST FOR CITY COUNCIL ACTION ~""r' ~'^ , .. t~ ~~~" ' . ....7..0"'j]p~. ,. ., /'. b''',,~=. "(.", . .c=- COUNCIL MEETING DATE: June 25, 2007 HTLE: RESOLUTION 22-2007, A RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN (CASE NO. WPA-07-01) o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes o No ~!dd& COIDmunity Development Director ~c.surCt City Manag~ 0 EXECUTIVE SUMMARY: In 2004 Council first adopted amendments to the City of Wheat Ridge Comprehensive Plan that extended the City's planning or growth area to the area bounded by 1-70, W. 32nd Avenue, Mcintyre Street, and W. 44th Avenue. In 2005 and 2006 the same amendment with minor modifications was adopted. Last year the amendments included areas in the vicinity of 50th Avenue and Kipling that the City agreed with Arvada to annex. The 2007 amendments include both areas. The plan is commonly referred to as the "Three Mile Plan" which is required by state statute prior to annexing any property. The Plan must be adopted annually. Planning Commission recommended approval. Adoption of the amendments implements Council's goals of being prepared for growth and opportunities and redeveloping major corridors. COMMISSIONIBOARD RECOMMENDATION: At a public hearing held on June 7, 2007, the Planning Commission recommended appwval with a condition that the Transportation element be updated to reflect the roadway and interchange improvements approved for the Cabela' s development. The Transportation element has been updated. 1:\Comdev\Comp Plan\Comp Plan Addendum 2007 CAF.doc STATEMENT OF THE ISSUES: This plan needs to be adopted prior to Council considering a pending annexation petition that is expected to be filed by Coors. This annexation is adjacent to SH58 in the vicinity of the new interchange. This annexation will provide the land through wliich Cabela Drive will be constructed. Provision of this right-of-way was a condition of approval of the Cabela's ODP and is needed prior to issuing a building permit. ALTERNATIVES CONSIDERED: Do not adopt the Addendum. FINANCIAL IMPACT: There is no direct financial impact in adopting the amendments. There may be potential future revenue generated by any development occurring within the proposed urban growth boundary, but there will also be impacts of providing services and infrastructure to serve that development. The decision to annex any such development is discretionary, but the decision should be guided by weighing the potential benefits to the City against the potential costs. RECOMMENDED MOTION: "I move to adopt Resolution 22-2006, A Resolution adopting amendments to the Wheat Ridge Comprehensive Plan." Report Prepared by: Alan White Reviewed by: Attachments: 1. Planning Commission Resolution 2. Resolution 22-2006, with Addendum attached CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. 02 Series of 2007 A RESOLUTION CONCERNING ADOPTION OF AN AMENDMENT TO THE WHEAT RIDGE COMPREHENSIVE PLAN AND FORWARDING SAID RECOMMENDATION TO THE WHEAT RIDGE CITY COUNCIL. WHEREAS, the City of Wheat Ridge adopted a Comprehensive Plan on October 25, 1999 and amendments were considered and adopted on January 24, 2000; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Cv=...~hensive Plan maybe amended by the City from time to time; and WHEREAS, the Comprehensive Plan did not include any areas outside the corporate limits of the City as is permitted under state enabling legislation, and WHEREAS, prior to annexation, a city must have in place a plan for the area considered for annexation pursuant to C.R.S. 31-12-105, and WHEREAS, addenda to the Comprehensive Plan were adopted by City Council on February 23, 2004 and February 28,2005, and May 22,2006 adopting a growth area outside the city limits of the City; and WHEREAS, it is the desire of the City to extend its Comprehensive Plan boundary outside the corporate limits; and WHEREAS, the Planning Commission held a public hearing as provided by Section 2-60(b) of the Wheat Ridge Code of Laws; legal notice thereof being duly published in the Wheat Ridge Transcript on May 31, 2007, said public hearing held on June 7, 2007. NOW, THEREFORE BE IT RESOLVED by the Wheat Ridge Planning Commission this 7th day of June, 2007: 1. The Comprehensive Plan amendment attached hereto as Exhibit A is recommended for approval to the City Council. 2. A copy of this Resolution shall be forwarded to the City Council. u~~~ WHEA~V::~SSION ChairO' 6- ATTEST: Secretary to the Commissiotl' v I:\Comdev\CompPlan\Comp Plan Addendum 2007 pc res, A TT A CHMENT 1 CITY OF WHEAT RIDGE CITY COUNCIL RESOLUTION NO. 22 Series of 2007 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, ADOPTING AMENDMENTS TO THE WHEAT RlDGE COMPREHENSIVE PLAN WHEREAS, the City Council of the City of Wheat Ridge adopted amendments to the Comprehensive Plan on February 23, 2004; February 28,2005; May 22,2006; and WHEREAS, the Comprehensive Plan amendments included areas outside the corporate limits of the City as is permitted under state enabling legislation, and WHEREAS, prior to annexation, a city must have in place a plan for the area considered for annexation pursuant to C.RS. 31-12-105; and WHEREAS, said plan for areas outside the city boundary must be adopted annually; and WHEREAS, it is the desire of the City to extend its Comprehensive Plan boundary outside the corporate limits; and WHEREAS, C.RS. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, Planning Commission has held a public hearing as provided by C.RS. 31-23-208 and Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly published in the Wheat Ridge Transcript on May 3 1,2007; with a written recommendation forwarded to the City Council; and WHEREAS, the City Council has held a public hearing as provided by Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly published in the Wheat Ridge Transcript on June 21, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: 1. That the City Council of the City of Wheat Ridge hereby adopts the amendments to the Wheat Ridge Comprehensive Plan attached as Exhibit A. 2. An attested copy of this resolution shall be attached to the Plan amendment and a copy of the Plan as attested shall be certified to Jefferson County, Colorado. DONE AND RESOLVED TIllS day of ,2007. JERRY DITULLIO, MAYOR ATTEST: MICHAEL SNOW, CITY CLERK ATTACHMENT 2 City of Wheat Ridge Comprehensive Plan Addendum A Plan for the Urban Growth Area And the Recently Annexed Areas June 2007 ADDENDUM TO THE CITY OF WHEAT RIDGE COMPREHENSIVE PLAN URBAN GROWTH AREA ADDITION INTRODUCTION This document serves as an addendum to the City's Comprehensive Plan adopted by City Council on October 25,1999. Amendments to the Plan were considered and adopted on January 24, 2000. The adopted Comprehensive Plan does not identify areas of potential development outside the City's boundaries. The Plan contains a general discussion of areas of potential annexation, but does not illustrate the areas on any maps or recommend any future uses in these general areas. Prior to any annexation, C.R.S. 31-12-105 requires that a municipality have in place a plan for the area, including proposed land uses. Such plan may extend up to three miles from the municipality's boundary. There are unincorporated areas to the northeast, north, west and southwest of the current City boundaries. Areas to the northeast and north are primarily unincorporated industrial or multi-family enclaves which, although eligible for annexation, present questionable economic benefit to the City versus the costs of providing services. The . City of Arvada recently disconnected from its incorporated area several parcels located near Kipling and 50th Avenue. Under an Intergovernmental Agreement with Arvada, Wheat Ridge agreed to annex these disconnected parcels. A majority of the area to the west of Ward Road north of 1-70 consists of established residential neighborhoods, public uses (schools), and a cemetery. These uses provide little benefit to the City compared to the costs of providing services. A large area west of 1-70 between 32nd Avenue and Clear Creek is vacant and may provide development opportunities of benefit to the City. Southwest of the City are commercial areas along Youngfield and the established residential area of Applewood. In the mid-1990's the City submitted to the Denver Regional Council of Governments (DRCOG) its proposed urban growth boundary as part of the preparation of the regional plan known as Metro Vision 2020. The identified urban growth area was generally bounded by 1-70, W. 32nd Avenue, Mcintyre Street, and W. 52nd Avenue. Containing a little over two square miles, this area was not incorporated into the Comprehensive Plan. This Comprehensive Plan addendum addresses the potential urban growth area to the west of the City and the parcels disconnected from the City of Arvada near Kipling and 1 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum 50th Avenue. The areas subject to this addendum are illustrated on Maps 1A and 1 B. The West Area was submitted to DRCOG as the City's urban growth boundary for the 2030 Metro Vision update. The disconnected parcels should be subtracted from the urban growth boundary for Arvada and added to the growth boundary of Wheat Ridge. This addendum meets the requirement of C.R.S. 31-12-105 of having a plan in place should the City consider any annexations in these areas. The following sections of this addendum address two growth areas and they are identified as follows: 1. West Area (that area generally west of the City bounded by 1-70, W. 32nd Avenue, Mcintyre Street, and W. 44th Avenue). A portion of this area has been annexed by the City. 2. Kipling/50th Area (those areas near Kipling/50th Avenue intersection disconnected from the City of Arvada). The portion of the West Area of the Urban Growth Area that has been annexed by the City is included in this 2006 addendum and by this reference hereby retains the "Community Commercial Center" land use designation for the annexed property. (j)Noros. LastUDdm M.r~"2OCU Planning/Growth Area Map1A (j 44\11 f'."eo .-Jt,f, '7 .~" 1J; I /-- filiI .-L. I ~r'Y! f- "--~r"1-" t.-.... c ! 0- I.n fl\jj I I - --1---- - LlJ" ,,,.. .'".,'. i>--l, ~ ~. ~.J -, ---r:r:: .-~ll '^ ",,,~..,, r r , ..." ~ o~ :l 1 --"'"~ ~,....,."..""" . . n' ; 1 n-kJ I '0 j -. . I " if.ii ~ c ~ '" oS t"",ll oj. ;"t :'!),. il. _'" '...-a ... ,\"C: \ti.t1 ~ un ~ 10 '0 '" I y'-~ =FB = . !~ ..~. ~'~ t c.J \" 2 o . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum ~Rd. Planning/Growth Area Map 18 I I I 1 I I Ii5 I I ~ I '" i ~ I I I I I I I W. 50th Ave. W. 49th Ave. City of Arvada J ..............- ~...,,: :..1.-. .". Ii5 ~ 0) :; C -:i li3 '<: '\ '" ~ , ~ - . , ] . iN .60\n 1'-"0. ",., ,-- .. .." ; I 70 Frontage Rd N r -..' , ,....'u,....... \!\ Right-of way 'v/\ Area Boundar) (i)N.T.S. Ui:t Update: M.ay2007 ..../'\.... City Boundary Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum 3 LAND USE Existing Land Use West Area Existing land uses in the urban growth area are varied. Along the north side of 32"d Avenue are areas of low to medium density residential development. To the west of 1- 70 is industrial development along W. 44th Avenue and State Highway 58. A CDOT maintenance facility is adjacent to SH58 at 1-70. The area to the west of 1-70 between 32"d Avenue and 44th Avenue contains a golf course, and several old gravel pits now used for water storage. A majority of this land is vacant and undeveloped. Kipling/50th Area Land uses in this area consist of a mixture of retail commercial, office, light industrial and industrial uses. The Arvada Ridge shopping center was recently constructed north of 50th Avenue. The Rocky Mountain Bottling facility is located to the west of Miller Street. Development Constraints West Area Few natural hazard areas are present in the planning area. The Clear Creek 100- and 500-year floodplains generally parallel SH58 in the center of the planning area. No other natural hazards exist in the area. 1-70, SH 58, and Clear Creek present constraints to development by acting as barriers to providing road, utility and other infrastructure improvements to the central portion of the planning area. State and federal rules mandate where access can occur and the manner in which rights-of-way may be crossed for installing utilities. Responding to calls for service in the planning area is made more challenging by the restricted access these barriers present. Kipling/50th Area The smaller parcels comprising this planning area have been deeded to the City of Wheat Ridge for right-of-way purposes and will not be developed. The larger parcel consists of Miller Street right-of-way and approximately 2.55 acres purchased by Rocky Mountain Bottling. There are no development constraints present on these parcels. 4 . . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum County Plans West Area Because the urban growth area is currently unincorporated, Jefferson County has jurisdiction over planning and zoning matters. The urban growth area lies within two subareas the County has identified for planning purposes. The North Plains Plan covers that portion of the urban growth area north of Clear Creek and the Central Plains Plan covers the area to the south of Clear Creek. Originally prepared in the late 1990's, the Central Plains Community Plan has recently been updated. The process of updating this plan included extensive public meetings. These subarea plans show recommended land uses in the urban growth area as residential in existing established residential neighborhoods. Applewood Golf Course and Clear Creek are shown as major park/recreation/open space areas. The area along W. 44th Avenue south to Clear Creek is recommended as mixed use areas containing office, light industrial, retail, and residential (up to 15 du/ac) uses. The bulk of the large, undeveloped area to the west of 1-70 is shown as industrial. Kipling/50th Area None of these areas was included in any previously adopted County Plan because they were located within the corporate limits of Arvada. Future Land Use Map West Area The Future Land Use map reflects the recommended land uses for the area. The recommended land uses were matched as closely as possible to the land use categories contained in the Wheat Ridge Comprehensive Plan. The Future Land Use Map (Map 2) illustrates recommended land uses for the urban growth area. The categories used and the definitions, desired character, and attributes of the various land use categories shown are the same as defined in Chapter 2 of the Comprehensive Plan and are hereby incorporated as a part of this Addendum. Future land uses for the planning area are shown on the Future Land Use Map on the following page. The Plan establishes the following recommended land uses: · Existing residential neighborhoods at the approximate density shown in the County subarea plan, SF (4) 5 . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum . Existing golf course parks, and the Clear Creek floodplain as parks and open space . Planned Business Park along W. 44th Avenue and south of SH58 to Clear Creek . The large, vacant area west of 1-70 between 32"d Avenue and Clear Creek as Community Commercial The designation of "open space" is a designation to indicate the land should not be developed. This designation does not mean that the property so depicted necessarily will be owned by a public entity. Kipling/50thArea The smaller parcels and the eastern 60 feet of the larger parcel are to be used for right-of-way for Kipling, 50th Avenue, and Miller Street. The remainder of the larger parcel was purchased by Rocky Mountain Bottling to expand the truck loading and maneuvering area for the facility, separating these activities from Miller Street. The Future Land Use Map (Map 3) for this area shows the recommended land uses for these areas. 6 . . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum ~ g a :;0 c% CD (') o ~ lil' i ~ i' ::!! .. " .... \ C iT .. " Gl \ ~ CD .. ~ g. \ - Future \-and Use Map 2 AA'IrI~>JS' tJ) -u Q; "" ell ~ >- "" ,~ ''''l~ ~.n 32nd Ave. \ \1"<~ \ "" . , ~ ~ \ -1 ''''1 '1""""f'~""~' Sin1}1e family 4 '() U'$JAC i~~ ... Community comme.roial ~""'~ ""'" Il"t._ '~ .","", .. B..I.'" P." 11 \r-i''-j.~t ?' :w." 11 r ~,_ ~ g '" SI.eel d........'" .w.nalfaatule . Opefi space \4'" Ale.a aoundaT'f -.,'.. Ca..,. aoundarv ~ln 1-0 1.11 \i ,; .. @N,r.s. Last U~dAt..e.: M8Cch2006 - ",.., .1 \- - \ \ ~ Future Land Use Map 3 W. 50th Ave. . l.; : _L..' __ .. i.) 1..1..; ,..... -."__ ; .~_ L , ~ .~ I '=2! 'i . ~ ~ ~ ...-0""" . .L...... - W 49th All"; "/70 Frontaqe Rd N ., ,.1.........",,,, . V\ Right-of way \/\ Area Boundar; . . - ....:.. City Boundary .. . _ Business Park <1>",.,.s. Ltit Update: M,iy2007 8 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum TRANSPORTATION The existing street network consists of the major north-south connectors of Y oungfield on the eastern border of the planning area and Mcintyre Street on the western border. East-west connectors are W. 44th Avenue at the north and W. 3200 Avenue to the south. 1-70 and State Highway 58 provide regional, limited access highway connections in the area. The 1-70/SH58 interchange is currently under construction to add the ramps to for a full-movement interchange. This work entails relocating the current eastbound on-ramp at 38th Avenue to the south and relocating the eastbound on-off ramps at Ward Road to the east. Trails currently exist along Clear Creek from 1-70 west to Golden and along 32nd Avenue from 1-70 west to Maple Grove Park. Future Street Network West Area The future street network in the area will build upon the existing grid system of north- south and east-west streets. 1-70 and SH58 will continue to serve the dual roles of providing access to the area and carrying regional traffic. The roadway classifications in this plan are based upon the recommendations of the Countywide Transportation Plan. The proposed street network for the area is shown on the Roadway Classification Map (Map 4). Improvements to complete the 1-70/SH58 interchange movements will improve access to the area and increase mobility for the region. A new interchange on SH58 has been approved to provide additional access to the area as well as a pair of "hook ramps" that will connect 1-70 to the collector which provides access to individual development parcels. Improvements to the 1_70/32nd Avenue interchange to increase capacity have also been approved. Major east-west streets included in the future street network 32nd Avenue and 44th Avenue. Streets providing north-south connections are Ward Road, Youngfield Street, and Mcintyre Street. A new connection from the Youngfield Service Road at 32nd Avenue to a new interchange on SH58 approved. The new interchange has been approved approximately one mile west of the SH58/1-70 interchange and to the east of the existing Mcintyre interchange. This collector street would also connect the interchange to W. 44th Avenue. From this 32nd Avenue/SH58 collector, in the vicinity of the new interchange, a collector is proposed to extend west to Mcintyre Street. An 9 . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum additional collector is proposed to connect Youngfield to this Mclntyre/32nd Avenue collector with an underpass at 1-70. This will provide an additional access to the Community Commercial area. Kipling/50thArea Kipling will remain an arterial roadway in the area, providing north-south movements for regional and local traffic. 50th Avenue has been constructed as a collector part of the Arvada Ridge project and has been constructed to transition into Miller Street to the south to eventually provide a continuous route for Frontage Road traffic. This is in keeping with the Comprehensive Plan Roadway Classification Plan. Miller Street, a collector, has been realigned to provide additional room for truck maneuvering at the bottling plant. Miller Street and 50th Avenue provide important connections to and from Kipling to the residential areas bordering Ridge Road, both in Wheat Ridge and Arvada. 10 . . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum ~ i a. ;:0 a: <g o ~ ..,. ~ :0 .. <' CO "Q i\ :0 I C g :0 Q \ ~ .. ~ g. ~ ~ \ ... ... \ \ \ - - - Roadway Classification Map 4 Ii <J) 5. 1: -0 "2 . ~\ i\ t,A'to p...a. (l) N,1,S. ~ i-.",~ \.~\, "4-n. ~'--C:J,J.."'\ '^ !' I ~ .. l' -.--t '^ rTt'i~+rr~.r V\ U"'M,ii'''''4 ..... ,r'""? . C<:l-I~QblrS1:14;e.U: .. Pass:ltlllllliUflP \ loo-11tion ...-l Intel$t.ate Artetlalstre~ J wt. update.: M~ '2001 l- Future Trails West Area The County community plans for the area show potential trails extending along W. 32"d Avenue from Maple Grove Park to Mcintyre and on Mcintyre from W. 32"0 Avenue to the Clear Creek Trail. A portion of the Clear Creek Trail is proposed to be re-Iocated west of approximately Eldridge Street extended. A trail connection is proposed from 32"d Avenue to the Clear Creek Trail in an alignment to be determined at the time of development of the area. An additional north-south trail is proposed linking W. 32"d Avenue to the Clear Creek trail on the east side of the Applewood Golf Course. Kipling/50th Area No on-street bike routes or off-street trails are planned for this area. Sidewalks should be required adjacent to any development along Kipling, both sides of 50th Avenue, and Miller Street. 12 Wheat Ridge Comprehensive Pian - Urban Growth Area Addendum COMMUNITY AMENITIES AND COMMUNITY SERVICES Community Services West Area Services in the unincorporated portions of the planning area are currently provided by Jefferson County and several special districts. Jefferson County currently provides general governmental services and law enforcement. Portions of the area are included in the Urban Drainage and Flood Control District (UDFCD). A large area in the central portion of the planning area is not currently served by a sanitation provider. A small parcel of land is not provided with fire protection. Special districts serving the West Area are listed below. Fire Protection Districts . Fairmount . West Metro Water and Sanitation Districts . North Table Mountain W& S . Consolidated Mutual Water Park and Recreation Districts . Prospect The City, Prospect Recreation and Park District, and the Long's Peak Metropolitan District have entered into an Intergovernmental Agreement (IGA). The IGA prOVides that the boundaries of the Prospect Recreation and Park District will not be affected by the formation of the Long's Peak Metropolitan District, any future inclusions into the metro district, and any future annexations by the City. Coordination will be needed among these entities to provide park and recreation services and facilities in the growth area. Kipling/Sdh Area Special districts serving the Kiplingf50lh Area are: 13 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum Fire Protection · Arvada Fire Protection District Water and Sanitation Districts . Valley Water District . Clear Creek Valley Sanitation District No other special districts provide any other services in this area. Future Service Provision The City will provide general governmental services and police protection for any areas annexed by the City. Because the City is not a full service City, water, sanitation, and fire services will need to be provided by special districts in the future if any areas are annexed. The Long's Peak Metropolitan District has been formed to provide financing, construction, and maintenance of infrastructure within a portion of the growth area. The Service Plan for the District sets out the services to be provided, which include streets, water, sanitary sewer, storm sewer, parks and recreation, parking, and TV and fiber optic. The District is required to include within its boundaries any areas within its service area that are annexed by the City. Fire protection will continue to be provided by existing districts currently providing services. Water and sanitation services will continue to be provided by districts currently providing services within their respective boundaries. Within the area currently not served by water or sanitation districts, there are three options to consider: . Inclusion into existing water or sanitation districts. . Formation of a new water and sanitation district, or metropolitan district, with provision of services by the new district. . Formation of a new water and sanitation district, or metropolitan district, with provision of services by another district or districts by contract with the new district. Provision of services by an existing or new district will depend upon the capacity of that district to provide treated water or sewage plant capacity and the financial ability to construct improvements. It is likely a developer will need to pay for any infrastructure improvements, upgrades, or expansions. Any new sewage treatment plants or expansions must be included in the Regional Clean Water Plan and be approved by the State Department of Public Health and Environment. 14 . . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum Stormwater facilities will need to be provided by developers as required by City and UDFCD standards. Facilities will need to conform to any drainage basin master plans prepared and adopted by UDFCD. Parks and Open Space Park and open space areas in the urban growth area are currently acquired and managed by Jefferson County and the Prospect Recreation and Park District. Two parks located just outside the growth area, Maple Grove Park and Arapahoe Park. are provided by the Prospect Recreation and Park District. Policies: 1. At the time of rezoning, the following items should be requested of a developer, if applicable: a. Access easements across private property to public land; b. Dedication of private land; c. Open space required with the development if located adjacent to public land; 2. Open space purchases should be based on regional demand for recreation in the area and on the goal of preserving an open character and significant natural features. 3. The growth area is currently served by the Prospect Recreation and Park District and the Jefferson County Open Space Department. There should be improved communication among the district, governmental agencies, and private organizations responsible for buying and managing public land in the area. Improved communication among these groups could result in more efficient management of public lands and a higher level of use. Coordination among these public entities and the planning departments of the City and the county should facilitate more effective siting of private open space to: a. secure access easements across private property to public land; b. encourage dedication of private land by providing information about open space incentive programs, and c. suggest, where appropriate, that the open space required in a development be located to augment adjacent public land. 4. The acquisition of undeveloped land should be related to the following planning objectives: a. Maintenance of important visual resources; b. Maintenance of open spaces between developments; c. Provision of needed recreational opportunities; 15 . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum d. Protection of significant wildlife habitats and wildlife corridors; e. Protection of areas subject to significant natural hazards, (e.g. floodolains); 'IS PleuounOA ~ r f ~ '~'~"-l-'-'''' " . . o ~ . 0 ~ ' o 0 m o . . . ~ "- -I' . , , = 7i 2- . - . - ~ ~ ~ _ 0 m " ' 0-0 - 0 m :Ii ~ Iii ~ e ==~;-_.-...-"""--- 'IS eOPPPI3 ~'SeueiPUI ' 1!c O).~ c- .- '" -0 .!Q 0 @~ o ~ o o N ~ .; ~ ..: .. ~ ~ . ~ ii ~ If 16 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum f. Protection of areas having cultural and historical significance; g. Provision of connecting trail systems; h. Retention of unique or relict flora, (i.e., tall-grass prairie, sites with rare and endangered plants, and sites with high quality riparian vegetation); i. Protection of ecologically sensitive areas; j. Prevention of soil erosion; and k. Protection and conservation of vegetation. While these areas are desirable as open space, development should not be precluded if sensitive site planning accommodates these concerns. 5. Public acquisition, management agreements between owners, and private dedication of land to public entities, i.e., conservation easements, are only three of the methods that could be used to increase the amount of land which remains undeveloped. 6. Plantings in open space areas should be native or naturalized species and should be varieties that require minimal maintenance, are drought tolerant, and benefit desirable wildlife needs. Trails Existing trails have been constructed along W. 32nd Avenue and Clear Creek by Jefferson County. Future trails planned for the area include the extension of the W. 32nd Avenue trail from Maple Grove Park to Mcintyre and a trail along Mcintyre from 32nd Avenue to the Clear Creek trail. A connection between 32nd Avenue and the Clear Creek trail is proposed. These trail alignments are shown on Map 5. No trails are proposed in the 50th/Kipling area; however sidewalks will be required adjacent to any development to accommodate pedestrian traffic. The provision of trails in the urban growth area should be based on the following policies: Policies: 1. An expanded trails network should be developed that prOVides additional trails for hiking, biking and equestrian use, and that precludes motorized vehicles. These trails should: A. vary in length, ascent and nature experience; B. . traverse diverse landscape; 17 Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum C. access views and vistas; D. intersect to allow the traveler a choice of paths to a destination; E. avoid damaging or impairing areas containing endangered species, fragile environments, or high hazard areas; and F. Link communities and other Plan areas, and link these areas to adjacent cities and open space lands along the foothills to the west. 2. Accessible trails should be provided for all citizens, including barrier-free trails where possible, recognizing that trail users have different levels of ability and seek different levels of challenge. 3. New trail systems in critical wildlife habitat areas, i.e. nesting and calving areas, and wintering grounds, should be routed in a sensitive fashion, and/or have seasonal closures to minimize stress to the wildlife. 4. Trail corridors should be negotiated which utilize floodplains, public rights- of-way, leased private property, parks, and public open space. . 5. Liability releases should be used to remove this obstacle to the creation of trails across private land. 6. Areas of development should have trail connections to areas of natural open space. 7. Trails should be separated and buffered with landscaping from streets, roads, and parking lots when possible. Landscaped buffers should be established between the Clear Creek trail and adjacent land uses. 8. Roadway projects should provide equestrian, pedestrian and bicycle crossings; (e.g., equestrian tunnels and grade separated bike crossings at railroads). 9. The Jefferson County Open Space Department should be requested to assist in funding the Clear Creek regional trail corridor. 10. Local trails could be jointly funded through the Jefferson County Open Space Joint Venture Grants Program. This is a joint venture program with adjacent cities and park and recreation districts. 11. Equestrian and jogging trails should be unpaved and marked. 18 . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum 12. Parking areas should be provided at trailheads to facilitate trail usage by equestrians, hikers, bicyclists, etc. 13. Public facilities, e.g. restrooms and telephones, should be provided at major trail intersections and significant open space sites where feasible. 14. The local park and recreation agencies should be consulted to determine potential trail connections. 15. Developers should coordinate with public entities to provide trails and public access along flood plains and/or easements such as ditches, roads, power lines, etc., whenever possible. 16. Developers should provide trail connections to adjacent open space areas, trails, schools, bus stations, Regional Transportation District park-n-rides, and light rail stations. This includes providing a safe crossing at roads whenever possible. Trail Design Criteria 1. A variety of trail systems should be provided with appropriate fencing and signage to minimize trespassing. 2. Trails should connect with others in the City and surrounding jurisdictions to provide opportunities for commuting to other jurisdictions and to provide multiple recreational alternatives. 3. The trails should intersect at strategic points to allow travelers a number of choices to reach a desired location. 4. Areas containing endangered species or fragile environments should be avoided. 5. Intersections between paths should be defined with a good visual warning of an intersection as it is approached. 6. Trails should take advantage of the diversity of the landscape through which trails pass. As the landscape changes, its dominant features should be clearly seen from the paths, i.e., good observation points for views and vistas that feature landmarks. 7. Bicycle paths should be designed for safety and be clearly marked. Safe bicycle paths can be provided in the following ways: A. Providing wider roadways with paved shoulders. 19 . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum B. Providing off-road paths for multiple users. C. Utilizing road, rail, ditch or power line rights-of-way or easements. 20 . . Wheat Ridge Comprehensive Plan - Urban Growth Area Addendum ~''''''...r ;:. 1'-0 _ a " ~ t'OI..OR",;;e ITEM NO: REQUEST FOR CITY COUNCIL ACTION ~~ 70 ij,.IlII -,,/ I~ .... COUNCIL MEETING DATE: May 22, 2007 TITLE: RESOLUTION 21-2006, A RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF WHEAT RIDGE COMPREHENSNE PLAN (CASE NO. WP A-06-01) r8J PUBLIC HEARING o BIDS/MOTIONS r8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes r8J No Community Development Director City Manager ~X'..ECUTIVE SUMMARY: In 2004 Council first adopted amendments to the City of Wheat Ridge Comprehensive Plan that extended the City's planoing or growth area to the area bounded by 1-70, W. 32nd Avenue, McIntyre Street, and W. 44th Avenue. In 2005 AND 2006 the same amendment with minor modifications was adopted. The plan is commonly referred to as the "Three Mile Plan" which is required by state statute prior to annexing any property. The Plan must be adopted annually. The 2007 Addendum addresses the same area as before and adds areas to the north ofI-70 in the vicinity of Kipling and 50th Avenue which Wheat Ridge agreed to annex in an IGA with Arvada. The 2006 Addendum addresses the new Kipling/50th Avenue and makes some changes to the west area previously included. Planoing Commission recommended approval with amendments. COMMISSIONIBOARD RECOMMENDATION: The Planoing Commission held two public workshops on a draft of the plan on February 16,2006 and March 30, 2006. At a public hearing held on April 20, 2006, the Planning Commission recommended approval with amendments. The amendments are discussed below. 1. Staff recommended language concerning the IGA among the City, Prospect Recreation and Park District and Cabela'slMetro District was recommended for inclusion. This language has been included on Page 8 under the discussion of the Prospect District. 2. Staff recommended language conceruiog the formation of the Longs Peak Metropolitan District as a provider of infrastructure and services within the growth boundary was recommended for inclusion. This language has been included on Page 9 under Future Service Provision. 3. Based on public comment, a proposed trail segment was recommended to be added to the Parks and Open Space Map. This trail connects W. 32 Avenue to the Clear Creek trail on the east side of Applewood Golf Course. This trail is shown on the Parks and Open Space Map. 4. The Commission had considerable discussion about the future land use of the area between the proposed Cabela's store site and Clear Creek. This is County owned land, the western portion of which isn't developable and the eastern portion which is occupied by TMAC and the asphalt recycling facility. Planning Commission recommended showing the future land use as Open Space. This change is not shown on the map. STATEMENT OF THE ISSUES:, Most comments received during the public work sessions with Planning Commission concerned details of the Cabela's development proposal and should be addressed at the time of hearings on those applications. Two proposed trails are of concern to the underlying landowner. Coors has indicated their objection to these trails and their unwillingness to dedicate easements or rights-of-way for them for liability and safety reasons. They are requesting that these two trails be deleted from the Parks and Open Space Map. (See Attachment 1.) The landowner has valid points about the second trail adjacent to Clear Creek and staff recommends this trail be deleted. The golf course may change ownership and use in the future and a trail connection might be appropriate. If it's in a plan it can happen; if its not in a plan, it won't happen. Staff recomm"n<is keeping this trail on the map. Staff originally indicated "Community Commercial" as the recommended future land use for the County land located between the Cabela's store and Clear Creek. It is the site ofTMAC and the asphalt recycling facility. It could be part of the retail complex in the future, although not likely as a stand-alone retail use. The "Community Commercial" designation would not preclude this from happening. A "Public/Semi-public" designation would reflect the current use. A "Parks and Opens Space" designation is fairly limiting. Staff recommends that the designation remain as "Community Commercial" as shown on the Future Land Use Map. Arvada commented that the plan is consistent with previous discussions and agreements. (See Attachment 2.) I:\Comdev\Comp Plan\Cornp Plan Addendum 2006 CAP.doc ALTERNATIVES CONSIDERED: Do not adopt the Arlrlpnilum. FINANCIAL IMPACT: There is no direct financial impact in adopting the amendments. There may be potential future revenue generated by any development occurring within the proposed urban growth boundary, but there will also be impacts of providing services and infrastructure to serve that development. The decision to annex any such development is discretionary, but the decision should be guided by weighing the potential benefits to the City against the potential costs. RECOMMENDED MOTION: "I move to adopt Resolution 21-2006, A Resolution adopting amendments to the Wheat Ridge Comprehensive Plan." (If you want to delete one or both of the trails as requested by Coors, add the following corresponding amendment to the motion.) "With the following amendment(s): 1. Delete the trail connecting W.32nd Avenue to the Clear Creek trail on the east side of the golf course as shown on the Parks and Open Space Map. 2. Delete the proposed trail adjacent to Clear Creek from app<uAimately Eldridge to McIntyre as shown on the Parks and Open Space Map." ~ Report Prepared by: Alan White Reviewed by: Attachments: 1. Letter from Coors. 2. Email from Arvada 3. Planning Commission Resolution 4. Resolution 21-2006, with Addendum attached I:\Comdev\Comp PJan\Comp Plan Addendum 2006 CAF.doc ITEM NO: $'< REQUEST FOR CITY COUNCIL ACTION ,~'1 ///~~ // ," A1';""""'\'>, . --=~. . ":", 0.0~f~{.;.ll~Z~C'. ..". ".: ~."",,:. -J1'f":;:"> ""'-~ . ""~,ci"'''+ II,.." +.?- '~~"~-~;."~"'''', ~~ ~ "-:'<:I"t.:-....., Uti WI COUNCIL MEETING DATE: June 25, 2007 TITLE: PUBLIC MEETING ON 2008 BUDGET o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial: D IZI Yes No City~'1 EXECUTIVE SUMMARY: City Staff is currently working on the 2008 Proposed Budget. The proposed budget is scheduled for submittal to City Council in September for review. City Council will discuss staffing levels, programs, services and capital projects proposed by Staff. This public input meeting is intended to focus on 2008 citizen requests, comments or suggestions. The public meeting is an informal opportunity for the public to provide input to the City Council on the City Budget. A second public meeting is scheduled for July 23, 2007, a public hearing is scheduled for October 8, 2007 and adoption of the budget is scheduled for October 22, 2007. This public meeting on the 2008 budget is an opportunity for City Council to continue to develop a strong partoership between city and community by allowing the public to be involved in the policy development process and to stay informed on City financial issues. COMMISSION/BOARD RECOMMENDATION, None STATEMENT OF THE ISSUES: Staff uses the strategic plan as a guide in preparing their annual department budgets. City Council's goals for the years 2006 through 2011 are: I. Creating a sustainable city government 2. City prepared for growth and opportunities 3. Strong partnership between city, community and region 4. Better quality housing stock 5. Redevelopment of major corridors ALTERNATIVES CONSIDERED: City Council could consider not holding this public meeting on the 2008 budget. This is not recommended because City Council has set a goal of "Strong Partnership between City and Community" which calls for open and transparent City government, citizens well informed on finances, and public input on policy issues. .FINANCIAL IMPACT: None RECOMMENDED MOTION: None. Report Prepared by: Patrick Goff, Deputy City Manager (303-235-2805) Attachments: 1. None ITEM NO: Cl, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: June 25, 2007 TITLE: COUNCIL BILL 16-2007 - AN ORDINANCE ADDING CODE OF LAWS SECTION 16-49; CONCERNING GRAFFITI o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS !:8J ORDINANCES FOR 1ST READING (Date: June 25.2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 ~Af'o/ nLl" Ch......f~ Cflng rullce lef 0 !:8J No City~~~~ EXECUTIVE SUMMARY: This ordinance adds a new section to the coverage of miscellaneous offenses in Code of Laws Chapter 16, prohibiting the possession of graffiti materials in defined locations. STATEMENT OF THE ISSUES: The City of Wheat Ridge participates in the Northwest Alliance Anti-Graffiti Task Force. The Task Force promotes uniform anti-graffiti laws among its members. The Task Force has recommended that the City of Wheat Ridge prohibit the possession of graffiti materials by adults. At the March 19,2007 Council meeting, the Council directed the Police Department to draft such an ordinance. This ordinance is designed to make possession of graffiti materials a violation of law in public places where that possession is not authorized by the City and on private property where the possession is not authorized by the owner. COMMISSION/BOARD RECOMMENDATION: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "1 move to approve Council Bill 16-2007 - An Ordinance Adding Code of Laws Section 16-49; Concerning Graffiti on first reading, order it published, public hearing set for July 9,2007, at 7:00 p.m. in the City Council Chambers and that it take effect 15 days after final publication." or, "1 move to table indefinitely Council Bill 16-2007 - An Ordinance Adding Code of Laws Section 16-49; Concerning Graffiti for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney Attachments: 1. Memorandum from Police Chief 2. Council Bill 16-2007 WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Chief Brennan FROM: Michelle Stodden DATE: April 4, 2007 SUBJECT: First Quarter 2007 Graffiti Overview I have reviewed First Quarter Graffiti data and compiled the following statistics. There were 118 reported incidents of graffiti in the City of Wheat Ridge in the first quarter of 2007. Of those incidents, 101 (or 86%) were on City or public property and the remaining 14% (or 17 reports) were on private property. The cost to the City to remove the graffiti was $2,155. By far the objects most likely to be tagged are boxes (traffic control, phone, utility), signs and poles (signal/traffic). Graffiti ReDorts bv Beat ~ 74 incidents occurred in Beat 1 (63%) ~ 12 incidents occurred in Beat 2 (10%) ~ 13 incidents occurred in Beat 3 (11 %) ~ 19 incidents occurred in Beat 4 (16%) Graffiti ReDorts bv Month of Year and Quarter January February March 3* 49 First Quarter Total: 66 118 *There were no reports from Public Works or P&R in January due to snow removal, etc. In the first quarter of 2006, there were 556 reported incidents compared to only 118 in 2007. This represents a decrease of 21 % which in all probability is due to weather. ATTACHMENT 1 1 Page Two April 4, 2007 Graffiti Overview Please let me know if this information is helpful. I am able to sort the data a variety of different ways. Is this spreadsheet something that you would like distributed to patrol or posted on the public drive? Let me know if you require additional information. cc: Commander Cassa 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 16 Ordinance No. Series of 2007 TITLE: AN ORDINANCE ADDING CODE OF LAWS SECTION 16-49; CONCERNING GRAFFITI WHEREAS, the City Council of the City of Wheat Ridge (the "Council") is authorized to enact ordinances for the preservation of the public health, safety and welfare; and WHEREAS, the crime of defacing property, popularly known as graffiti, is injurious to the public welfare; and WHEREAS, the Council wishes to prohibit possession of graffiti materials in public places and closed private places within the City; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Wheat Ridge Code of Laws is amended by the addition of a new Section 16-49, to read in its entirety: 16-49 - Prohibition on Possession of Graffiti Materials. (a) Public Places. It shall be unlawful for any person, except authorized city employees or individuals authorized by an individual or company under contract with the city, to have in his or her possession any prohibited graffiti material, as that term is defined in Section 16-180, while in or upon any public park, playground, swimming pool, recreational facility, or other public building or structure owned or operated by the city. (b) Closed Private Places. It shall be unlawful for any person to have in his or her possession any prohibited graffiti material, as that term is defined in Section 16- 180, on private property not open to the public without permission from the owner or his or her lawful agent. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. GED\53027\412481.01 A I T A C H M E NT 2 Section 3. Severabilitv: Conflictinl! Ordinances Renealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of .2007, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on [mal passage set for ,2007, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of . 2007. SIGNED by the Mayor on this day of ,2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: GED\53027\412481.01 ARTICLE VIII. MINORS Page 1 of4 ARTICLE VIII. MINORS Sec. 16-176. Furnishing cigarettes to minors. (a) Unlawful. It shall be unlawful for any person to sell, give or distribute cigarettes to any person under the age of sixteen (16) years. (b) Penalty for violation. Any person violating the provisions of subsection (a) shall be guilty of a misdemeanor, and, upon such violation, shall be subject to a fine of not less than fifty dollars ($50.00) nor more than nine hundred ninety-nine dollars ($999.00), which fine may not be suspended in whole or any part. (Code 1977, SS 19-9,19-10) Sec. 16.177. Possession ofalcohol by minor. (a) As used in this section, unless the context otherwise requires: (1) Establishment means a business, firm, enterprise, service or fraternal organization, club, institution, entity, group, or residence, and any real property, including buildings and improvements, connected therewith, and shall also include any members, employees, and occupants associated therewith. (2) Ethyl alcohol means any substance which is or contains ethyl alcohol. (3) Possession of ethyl alcohol means a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control. (4) Private property means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public. "Private property" shall not include: a. Any establishment which has or is required to have a license pursuant to article 46, 47, or 48 of title 12, C.R.S.; or b. Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or c. Any establishment which leases, rents, or provides accommodations to members of the public generally. (b) It is unlawful for any person under the age of twenty-one (21) years to possess or consume any ethyl alcohol anywhere in the City of Wheat Ridge. This provision shall apply regardless of whether any bottle, can or other container for such ethyl alcohol is sealed, unsealed or open. (c) Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense. (d) It shall be an affirmative defense to the offense described in subsection (b) of this section that the ethyl alcohol was possessed or consumed by a person under twenty-one (21) years of age under the following circumstances: (1) While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption; or (2) When the existence of ethyl alcohol in a person's body was due solely to the ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by section 25-5-410(1)(1)(11), C.R.S.; or the ingestion of any substance which was manufactured, designed, or intended primarily for a purpose other than oral human ingestion: or the ingestion of any substance which was manufactured, designed, or intended solely for medicinal or hygienic purposes; or solely from the ingestion of a beverage whichcontained less than one-half of one (1) percent of ethyl alcohol by weight. http://library1.municode.com/mcc/DocView/11707/1I82/92 6/20/2007 ARTICLE VIII. MINORS Page 2 of4 Subsection (d)(1) shall not be construed to permit any establishment which is, or is required to be, licensed pursuant to article 46, 47, or 48 of title 12, C.R.S., or any members, employees, or occupants of any such establishment to give, provide, make available, or sell ethyl alcohol to a person under twenty-one (21) years of age. (e) The possession or consumption of ethyl alcohol shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the first amendment of the United States Constitution. (f) Prima facie evidence of a violation of subsection (b) of this section shall consist of: (1) Evidence that the defendant was under the age of twenty-one (21) years and possessed or consumed ethyl alcohol anywhere in the City of Wheat Bidge; or (2) Evidence that the defendant was under the age of twenty-one (21) years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the City of Wheat Ridge. (g) During any trial for a violation of subsection (b) of this section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as "beer," "ale," "malt beverage," "fermented malt beverage," "malt liquor," "wine," "champagne," "whiskey" or "whisky," "gin," "vodka," "tequila," IIschnapps,'1 "brandy,1I "cognac," "liqueur," "cordial," "alcohol," or "liquorll shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol. (h) The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection (b) of this section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol by the executive director of the Department of Public Health and Environment. (i) Official records of the Department of Public Health and Environment relating to the certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the state. Copies of such records, attested by the executive director of the department of public health and environment or his deputy and accompanied by a certificate bearing the official seal for said department, which state that the executive director of the department has custody of such records, shall be admissible and shall constitute prima facie evidence of the information contained in such records. The official seal of the department described in this subsection may consist of a rubber stamp producing a facsimile of the seal stamped upon the document. (j) In any judicial proceeding concerning a charge under subsection (b) of this section, the court shall take judicial notice of methods of testing a person's blood, breath, saliva, or urine for the presence of alcohol and of the design and operation of devices certified by the Department of Public Health and Environment for testing a person's blood, breath, saliva, or urine for the presence of alcohol. This subsection shall not prevent the necessity of establishing during a trial that the testing devices wereworking properly and that such testing devices were properly operated. Nothing in this subsection shall preclude a defendant from offering evidence concerning the accuracy of testing devices. (Code 1977, S 14-31.11; Ord. No. 1990-850, S 2,11-26-90; Ord. No. 1995-1005, S 1, 7-24-95) Cross references: Sales, etc., of alcohol to minors, S 16-127. Sec. 16-178. Harboring minors prohibited; exceptions. (a) It shall be unlawful for any person knowingly to harbor, keep secreted, cohabit with, or provide shelter for any unmarried minor without the consent of the parent, legal guardian, or other person having legal custody of such minor. (b) It shall be unlawful for any person to harbor, keep secreted, cohabit with, or provide shelter for any unmarried minor when such person knows such minor to be a parole violator or a fugitive from legal process. http://libraryl.municode.com/mcc/DocViewIl1707/1/82/92 6/20/2007 ARTICLE VIII. MINORS Page 3 of4 (c) The provisions of this section shall not apply to persons working in their official capacities as employees or members of the staffs of agencies licensed by the state and financed by the United States of America to harbor minors, nor shall said provisions apply to such agencies; provided, that such agencies shall at all times provide specific information concerning minors so harbored and shall release such minors to their parents, legal guardians, or other persons having legal custody of such minors, or toany law enforcement agency, upon request; and provided further; that such agencies harboring minors shall, within twenty-four (24) hours after the arrival of a minor, notify the police department, and within seventy-two (72) hours, if possible, shall notify the parents, legal guardians, or other persons having legal custody of such minors. (Code 1977, S 14-31.12) Sec. 16-179. Curfew. (a) It shall be unlawful for any parent, guardian, or other person having legal care or custody of any minor who has not reached his sixteenth birthday, to allow or permit any such minor to be or remain upon any streets or alleys, or to be or remain in any establishment open to the public generally after 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, or after 11:30 p.m. on any Friday or Saturday, or before 5:00 a.m. on any day except: (1) When accompanied by a parent, guardian, or other person having legal care or custody of such minor; (2) For lawful employment; or (3) When such minor is in the custody of and accompanied by a person who has reached his or her eighteenth birthday and who has, in his or her possession, the written consent of such parent, guardian, or other person having legal care or custody of such minor. (b) It shall be unlawful for any parent, guardian, or other person having legal care or custody of any minor who has reached his sixteenth birthday, but not his eighteenth birthday, to allow or permit any such minor to be or remain upon any streets or alleys, or to be or remain in any establishment open to the public generally after 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, or after 11 :30 p.m. on any Friday or Saturday, or before 5:00 a.m. on any day, except as provided in paragraphs (a)(1), (a)(2) or (a)(3) of this section. (c) It shall be unlawful for any minor who has not reached his sixteenth birthday to be or remain upon any street or alley, or to be or remain in any establishment open to the public generally after 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, or after 11 :30 p.m. on any Friday or Saturday, or before 5:00 a.m. on any day, except as provided in paragraph (a)(1), (a)(2) or (a)(3) of this section. (d) It shall be unlawful for any minor who has reached his sixteenth birthday but not his eighteenth birthday to be or remain upon any street or alley, or to be or remain in any establishment open to the public generally after 10:30 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday, or after 11:30 p.m. on any Friday or Saturday, or before 5:00 a.m. on any day, except as provided in paragraphs (a)(1), (a)(2) or (a)(3) of this section. (Code 1977, S 14-31.13; Ord. No. 1236, S 1,12-10-01) Sec. 16.180. Possession of graffiti materials by minor. (a) It shall be unlawful for any person under eighteen (18) years of age to possess any prohibited graffiti material. (b) Definitions. For purposes of this section, the following words and phrases shall have the following meanings: (1) Broad tipped marker pen means a felt-tip marker or similar implement containing a fluid which is not water soluble with a tip that exceeds one-quarter ( 1/4) inch in width. (2) Paint pen means a tube, marker or other pen-like instrument with a tip of one-quarter ( 1/4) inch or greater in diameter that contains paint or a similar fluid and an internal paint agitator. http://libraryl.municode.com/mcclDocView/11707/1/82/92 6/20/2007 ARTICLE VIII. MINORS Page 4 of4 (3) Prohibited graffiti material means any can of spray paint, spray paint nozzle, broad tipped marker pen, paint pen, glass-cutting tool, or glass-etching tool or instrument. (4) Spray paint means any aerosol container that is made or adapted for the purpose of applying paint or other substance capable of defacing property. (5) Spray paint nozzle means a nozzle designed to deliver a spray of paint of a particular width or flow from a can of spray paint. (c) It shall be an affirmative defense to a charge of violating this section that the minor possessing the prohibited graffiti material was: (1) Upon real property owned, leased or otherwise exclusively possessed by the minor or the minor's parent or legal guardian; (2) Upon real property with the permission of the owner, occupant or person having lawful control of such property to possess such materials thereon; (3) In possession of the prohibited graffiti material(s) with the consent of the minor's parent, legal guardian, teacher or a law enforcement officer in the performance of his or her duty; or (4) Engaged in work at the minor's place of employment at the direction of minor's employer. (Ord. No. 1279, S 1, 2-25-03) Secs. 16-181--16-200. Reserved. http://libraryl.municode.com/mcc/DocView/11707/1/82/92 6/2012007