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HomeMy WebLinkAbout08/27/2007 6:30 p.m. Pre-Meeting ~~!~~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Auqust27.2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Auaust 13. 2007 PROCLAMATIONS AND CEREMONIES MADD Award Presentation (Becky Lane-Ramsey) 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 34-2007 DECLARING COMPLIANCE WITH C.R.S. 29-29-101, ET. SEQ. CONCERNING COOPERATION WITH FEDERAL OFFICIALS IN REGULATING IMMIGRATION STATUS RESOLUTION. B. Approval of the Closure of 38th Avenue from Pierce Street to Wadsworth Boulevard for the Wheat Ridge Taste of the Arts Festival and Request for Financial Assistance in the Amount of $7,500. CITY COUNCIL AGENDA: August 27, 2007 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. Item 4. Item 5. Page -2- RESOLUTION 06-2007 - A RESOLUTION ADOPTING THE WADSWORTH CORRIDOR SUBAREA PLAN. COUNCIL BILL 17-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY CLERK. COUNCIL BILL 1S-2007 -AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF TREASURER. COUNCIL BILL 20-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF MAYOR. ORDINANCES ON FIRST READING Item 6. Item 7. ItemS. COUNCIL BILL 21-2007 - AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY COUNCIL. COUNCIL BILL 22-2007 - AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED. COUNCIL BILL 23-2007 - AN ORDINANCE AMENDING THE REQUIREMENTS FOR 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. DECISIONS. RESOLUTIONS AND MOTIONS Item 9. Item 10. Item 11. RESOLUTION 33-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR A LOAN TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR THE PURCHASE OF PROPERTY LOCATED AT 7540 W. 44TH AVENUE IN THE AMOUNT OF $1.5 MILLION. Urban Renewal Authority Appointments. Parks and Recreation Commission Appointment. CITY COUNCIL AGENDA: August 27, 2007 Page -3- CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT arr ___........ ---. . .. " ,.' " ,., ....., '. : .', .. :" ':',,:,': ; ',' i i i'!!" -' ,', ; ;' . ,< 'j ; . " ,_' ;'! i ; , ': .~. -;: i" \ ~ 'i ~:. , CITY OF WHEAT RIDGE, COLORADO Auaust 13. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Acting Director of Community Development, Sally Payne; Director of Public Works, Tim Paranto; staff; and interested citizens. Council Member Dean Gokey was absent. APPROVAL OF MINUTES OF Julv 23. 200r: Motion by Council Member Sang for approval of the Minutes of July 23, 2007; seconded by Council Members Womble and Stites; carried 7-0. PROCLAMATIONS AND CEREMONIES Mayor DiTullio presented the City Manager, Randy Young, an award and City lapel pin for Five Years of Service. Mayor DiTullio presented Margaret Paget of the Wheat Ridge Open Space the National Recreation Trail Designation plaque. Stuart McDonald of American Trails Organization spoke of the significance of this award to the City of Wheat Ridge. CIIILt:NS' RIGHT TO SPEAK No citizens were present to speak. Item 1 ~ CONSENT AGENDA A. RESOLUTION 29-2007: AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN "INTERGOVERNMENTAL AGREEMENT" BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 6, 2007. CITY COUNCIL MINUTES: August 13, 2007 Page -2- B. RESOLUTION 31-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $111,329 FOR THE REIMBURSEMENT TO R-1 SCHOOL DISTRICT FOR THE STEVENS ELEMENTARY PLAYGROUND GRANT. C. RESOLUTION 32-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $2,500 FOR THE ACCEPTANCE OF A TREE GRANT FROM THE COLORADO PARKS AND RECREATION FOUNDATION. D. Award of RFB-07 -28R - Commercial Treadmill Replacement to Advanced Exercise Equipment in the Amount of $30,100 for Use at the Wheat Ridge Recreation Center. E. Approval of an Agreement By and Between the City of Wheat Ridge and the United Advertising Corporation for Installation of Bus Stop Shelters. Consent Agenda was introduced and read by Council Member Stites. Motion by Council Member Stites for approval of the Consent Agenda, items A, B, C, D and E; seconded by Council Member Sang; carried 7 -0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. RESOLUTION 30-2007 - ADOPTING THE FRUITDALE SUBAREA PLAN. (Case No. WPA-06-05) Resolution 30-2007 was introduced by Council Member Rotola, who read the Executive Summary. Sally Payne presented the staff report. Mayor DiTullio opened the public hearing. No citizens were present to speak. Mayor DiTullio closed the public hearing. Motion. by Council Member Rotola to adopt Resolution 30-2007, a resolution adopting the Fruitdale Subarea Plan, as presented; seconded by Council Member Schulz; carried 7-0. CITY COUNCIL MINUTES: August 13, 2007 Page -3- ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 17-2007 -AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY CLERK. Council Bill 17-2007 was introduced on first reading by Council Member Sang. Motion by Council Member Sang to approve Council Bill 17 -2007 on first reading, order it published, public hearing set for Monday, August 27, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Womble; carried 4-3 with Council Members Rotola, Adams and Berry voting No. Item 4. COUNCIL BILL 18-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF TREASURER. Council Bill 18-2007 was introduced on first reading by Council Member Stites. Motion by Council Member Stites to approve Council Bill 18-2007 on first reading, order it published, public hearing set for Monday, August 27, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Council Member Sang; carried 4-3 with Council Members Rotola, Berry and Adams voting No. Item 5. COUNCIL BILL 19-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF CITY COUNCIL. Council Bill 19-2007 was introduced on first reading by Council Member Sang. Motion by Council Member Sang to approve Council Bill 19-2007 on first reading, order it published, public hearing set for Monday, August 27, 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 Stites and Schulz; failed 4-3 with Council Members Sang, Schulz and Stites voting Yes. Item 6. COUNCIL BILL 20-2007 - AN ORDINANCE PRESCRIBING THE COMPENSATION FOR THE OFFICE OF MAYOR. Council Bill 20-2007 was introduced on first reading by Council Member Berry. Motion by Council Member Berry to approve Council Bill 20-2007, on first reading, order it published, public hearing set for Monday, August 27,2007 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication. CITY COUNCIL MINUTES: August 13, 2007 Page -4- I further move to make the following amendments to the ordinance: STRIKE: b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to full-time city employees: health, dental and vision insurance; group term life irisurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. INSERT: b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to part-time city employees that work 20 hours per week: health, dental and vision insurance; group term life insurance; employee assistance plan; employee recreation program. Motion Seconded by Council Member Sang; carried 4-3 with Council Members Womble, Rotola and Adams voting No. ELECTED OFFICIALS' MATTERS Mr. Snow informed citizens of the new Copy Fee Policy adopted by the City of Wheat Ridge based on Senate Bill 07-045 going into affect on August 3,2007. The new policy states that the first ten standard-sized copies of any non-criminal record are free upon request arid that all subsequent pages after the first ten will be charged a fee of $.25 per standard, 8 1/2x11, page as defined in SB 07-045. Mr. Womble thanked Mr. Lewis of Lewis Candies for his reporting of a code enforcement violation issue occurrin~ in the area of his business. Mr. Womble also thanked Mr. Gearing, residing at 33 & Ames St., for reporting the issues he's had in his neighborhood as well. Mr. Schulz thanked Sally Payne and the residents in the area for their hard work and input into creating the Fruitdale Subarea Plan. Mr. Stites asked Mr. Young to have his staff address the flooding issues in front of Fire Station No.2. Mr. Stites also reminded citizens of the Carnation Festival and Parade on Saturday and asked citizens who live or have businesses along the Parade route to take the time this week to clean the area of trash and weeds. Mr. Stites also encouraged citizens to "find it and buy it in Wheat Ridge". Mrs. Rotola also thanked Sally Payne and staff for their work on the Fruitdale Subarea Plan. Mrs. Rotola also gave thanks to citizens for attending the District IV meeting and to City Manager, Randy Young for helping to get City staff to the meeting. CITY COUNCIL MINUTES: August 13, 2007 Page -5- Mrs. Berry thanked all the citizens who participated and contributed in the Fruitdale Subarea Plan's creation and expressed her excitement in working with residents and staff in Implementation phases of the Plan. Mayor DiTullio reminded citizens of the Carnation Festival events this weekend, Thursday, Friday and Saturday nights and encouraged everyone to join in the activities, including the Fireworks on Friday and the Parade on Saturday morning. Meeting adjourned at 7:32p.m. A;I~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 27,2007 BY A VOTE OF to Mike Stites, Mayor pro tern The preceding Minutes were prepared according to 947 of Robert's Rules of Order, i.e. 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. ~ M;,;.m @ I Victim Services I Education Mothers Against Drunk Driving COLORADO STATE OFFICE 444 Lincoln Sl. Denver, CO 80203 Main Line: (303)425-5902 Toll Free: 800-621-6233 Fax: (303)425-5674 www.madd.ora/co o Representatives from Mothers Against Drunk Driving are here tonight to recognize our own Wheat Ridge Police Department. o MADD Colorado is just wrapping up their 2007 5k walk, Strides for Change, which took place on August 4, 207. o This event helps to raise funds and awareness for the programs and services MADD provides in our state. o Earlier this year, MADD Colorado issued a challenge to each law enforcement agency in the state: to join Strides for Change as a law enforcement team and raise $244-- $1 dollar to represent each life lost to impaired driving crashes in Colorado in 2005. o Dave Pickett and his 13 teammates did more than meet that challenge. They went above and beyond, just as they do everyday on the job to keep Wheat Ridge safe. o The Wheat Ridge Police Department raised an incredible $2135.00, becoming the 2007 MADD Colorado Top Law Enforcement Team. o The funds raised for the 2007 Strides for Change event will help to provide services to all victims of impaired driving crashes in Colorado, support underage drinking prevention and adult education programs, and public awareness and legislative campaigus to strengthen sanctions against repeat and high-risk DUI offenders. o I commend Dave Pickett and the Wheat Ridge Police Department, for all of your efforts. Your commitment to safety in Colorado is wunatched. o Thank you and congratulations. ITEM NO: II A, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 TITLE: RESOLUTION 34-2007 A RESOLUTION DECLARING COMPLIANCE WITH c.R.S. 29-29-101, et. seq. CONCERNING COOPERATION WITH FEDERAL OFFICIALS IN REGULATING IMMIGRATION STATUS o PUBLIC HEARING o BIDS/MOTIONS 1ZI RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes 1ZI No ~~JP7}~YL- ehief of Iioli'6e City~o...Y~ EXECUTIVE SUMMARY: Senate Bill 2006-090 was passed by the Colorado General Assembly, enacting C.R.S. 29-29-101, et. seq. that bans "sanctuary" policies that prohibit or limit a peace officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within the state. While the City has not acted or enacted any ordinance or policy that would prohibit or limit cooperation orreporting by police and other officers of the City with federal officials with regard to the immigration status of any person, it is important that the City memorialize its compliance with this statute. The new law applies to peace officers who are acting in their official law enforcement duties. It requires that a peace officer contact the Immigration and Customs Enforcement (ICE) of the arrest of a person the officer has probable cause to believe is not legally present in the county. Lastly, the legislation requires the governing body of every municipality and county in Colorado to (a) provide written notice to peace officers of the duty to cooperate with state and federal officials with regards to this bill; (b) requires every municipality and county in the state to provide written confirmation to the General Assembly indicating that this notice has been given and (c) beginning March 1,2007 requires an annual report to the Department of Local Affairs indicating the number of arrestees reported to ICE pursuant to this statute. The Police Department enacted a new policy and procedures to ensure compliance with these statutory requirements in 2006. An annual report was submitted to the Department of Local Affairs as required in 2007. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Colorado General Assembly enacted SB-090, creating a new statutory requirement pertaining to immigration status and cooperation by local government with federal officials. The new legislation requires City Council provide written notice to peace officers of the duty to cooperate with federal and state officials regarding immigration enforcement and provide confirmation to the General Assembly that written notice has been done. Additionally, the law requires the local governing body to provide an annual report to the General Assembly regarding the number of persons referred to hnmigration and Customs Enforcement as required by statute. The penalty of not complying with this statutory requirement is that the City would be ineligible for grants administered by the Colorado Department of Local Affairs. ALTERNATIVES CONSIDERED: The Police Department is currently complying with all the requirements of this new statute. FINANCIAL IMPACT: Compliance with the new statutory requirement ensures the City would be eligible for grants administered by the Colorado Department of Local Affairs. RECOMMENDED MOTION: "I move to approve Resolution 34-2007 - AResolution Declaring Compliance with C.R.S. 29-29-101, et. seq. Concerning Cooperation with Federal Officials in Regulating Immigration Status." or, "I move to table indefinitely acceptance of Resolution 34-2007 - A Resolution Declaring Compliance with C.R.S. 29-29-101, et. Seq. Concerning Cooperation with Federal Officials in Regulating Immigration Status for the following reason(s) " Report Prepared by: Daniel Brennan, Chief of Police Reviewed by: Randy Young, City Manager Attachments: 1. Resolution 34-2007 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. Series of 2007 TITLE: A RESOLUTION DECLARING COMPLIANCE WITH C.R.S. s 29- 29-101, et. seQ. CONCERNING COOPERATION WITH FEDERAL OFFICIALS IN REGULATING IMMIGRATION STATUS WHEREAS, the City Council of the City of Wheat Ridge is authorized to enact and enforce policies, ordinances and regulations for protection of the public health, safety and welfare; and WHEREAS, the Council is aware of the passage of Senate Bill 06-090 by the Colorado General Assembly, enacting C.R.S. S 29-29-101, et seQ.; and WHEREAS, the City has not acted to enact any ordinance or policy that would limit or prohibit cooperation or reporting by police and other officers of the City with federal officials with regard to the immigration status of any person; and WHEREAS, the City Council wishes to memorialize its compliance with C.R.S. S 29-29-101, et seq. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council hereby gives notice to the peace officers employed by the City of the duty to cooperate with state and federal officials with regard to enforcement of state and federal laws regarding immigration, all as set forth in C.R.S. S 29-29-103(2)(a). Section 2. In compliance with C.R.S. S 29-28-103(2)(b), the City Council hereby informs the Colorado General Assembly that it has provided the notice described at Section 1 above. Section 3. The City Council hereby directs the City Manager to cause a report of the number of reports made to the U.S. Immigration & Customs Enforcement office, in compliance with C. R.S. s 29-29-1 03(2)(b), to be given to the Legislative Council of the Colorado General Assembly, such report to be made annually commencing on or before March 1,2007. ATTACHMENT 1 DONE AND RESOLVED this ATTEST: Michael Snow, City Clerk day of .2007. Jerry DiTullio, Mayor 2 ITEM NO: I lJ3'1 REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE: August 27, 2007 TITLE: APPROVAL OF THE CLOSURE OF 38TH AVENUE FOR PIERCE STREET TO WADSWORTH BOULEVARD FOR THE WHEAT RIDGE TASTE OF THE ARTS FESTIVAL AND REQUEST FOR FINANCIAL ASSISTANCE OF $7,500 D PUBLIC HEARING '[8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) City~4 EXECUTIVE SUMMARY: Wheat Ridge 2020, Wheat Ridge Business District, Wheat Ridge Arts Council and the Colorado Folk Arts Council are sponsoring the Wheat Ridge Taste of the Arts Festival on September 15,2007. The Festival is planned to be held on 38th Avenue, between Upham Street and Pierce Street and will include an art show, car show, food and music. The sponsors are requesting that 38th Avenue be closed from Pierce Street to Wadsworth Boulevard from 5:00 a.m. until midnight. Arrangements have been made to use a parking lot at 44th Avenue and Wadsworth (Stage Stop Antique Mall) for those attending the Festival. The traffic control plan has been reviewed and approved by Staff. The sponsors are also requesting that the City Council provide financial assistance for the Festival by donating Police Deparhnent persOIlllel for security and having the City sweep the streets before and after the festival. The total request is estimated at $ 7,500. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Th~'Wh~at Ridge Taste of the Arts Festival is planned to be held on 3Sth Avenue on September 15. Closing 3Sth Avenue for the day will have significant impact on motorists that normally use the street, as well as the merchants along 3 Sth Avenue. An arterial or collector street may be closed for an event at the discretion of the City Council. The City Council is being asked to support the Festival by agreeing to police the event and sweep the streets before and after the event. The Police Department has estimated the cost of providing security and traffic support at $6,000. The street sweeping is estimated to cost $1,500. ALTERNATIVES CONSIDERED: Not approve the street closure or contribution and the Wheat Ridge Taste of the Arts Festival will not be held. FINANCIAL IMPACT: The request for Police and Public Works Departments assistance is estimated to cost $7,500. Approval of this request would require a supplemental budget appropriation from General Fund undesignated reserves. RECOMMENDED MOTION: "1 move to approve the closing of3Sth Avenue from Pierce Street to Wadsworth Boulevard from 5 :00 a.m. September 15,2007 until 12:00 a.m. September 16; 2007 for the Wheat Ridge Taste ofthe Arts Festival. 1 further move to approve the Police Department providing security and traffic control for the Festival. 1 further move to approve the Public Works Department providing street sweeping for the FestivaL" or, "1 move to not approve the closure of3Sth Street and the financial support for the Wheat Ridge Taste of the Arts Festival for the following reasons: " Report Prepared by: Reviewed by: Tim Paranto, Director of Public Works Randy Young, City Manager Attachments: 1. Momentous Happenings submittal ~(Q2Wlelllltt(())lUl~ ~a31]P>JP>emliiIfllg~ Tln. PINNACLL OF Exc Cl: Date: July 16, 2007 Re: Wheat Ridge Taste of the Arts Festival To Whom It May Concern: The Wheat Ridge Arts Council, Colorado Folk Arts Council, Wheat Ridge Business District, and Wheat Ridge 2020 are organizing a fantastic community event to celebrate the Arts and promote the Wheat Ridge Central Business District. We are planning a Street Festival for Saturday, September 15, 2007. The festival will take place on 38th Avenue from Pierce to Wadsworth and will provide festival goers an opportunity to view Art, Classic Cars, sample Culinary Delights, listen to live music, and stroll through our local businesses within the community. The festival will set up at 5:30 AM; with events from 9:00 AM to 10:00 PM; and clean-up and tear-down at 11:00 PM. The Partnership ofTheArts Council and Business District is making this event possible and providing a wonderful event to highlight our community. We need your support to make this project a success. The purpose of the festival is to provide Wheat Ridge with a program that raises awareness of the arts and culture in our community and also provide an event that promotes community pride. Although the W. 38th Avenue and adjacent streets will be closed off on Saturday for the festival, foot traffic should exceed normal walk-ins. The festival site plan has purposefully been created to encourage community members to stop by the festival and to stop and shop in the local stores within the festival area. We are asking the City of Wheat Ridge to help fund this festival with all related public aspects to the festival with security and police, sanitation, traffic control costs, city street sweepers, shuttle bus, and insurance. Enclosed is the Wheat Ridge Taste of the Arts Festival Plan, WR site plan -c Bird Eye View Plan, Wheat Ridge Art Festival Traffic Control Plan, Wheat Ridge Art Festival 38'h Wadsworth Plan, Wheat Ridge Art Festival 38th Pierce Plan, WR Festival ASK Letter Main Document, WR Price Quotation - Festival, and WR Traffic Control Quote Thank you for your support. Sincerely, iv~:~U\(f~ Kelby Kaufman Event Planner, CEO Momentous Happenings, LLC kelby@momentoushappenings.com office: 303.716.1043 direct line: 303.210.6039 website: www.momentoushappenings.com C.R6ATlNCj 6XP6RI6NC.6S Tl-tRDl-tCjH- 6V6NTS ATTACHMENT 1 Wheat Ridge Taste of the Arts Festival Special Event Plan Coordinator and Producer Kelby Kaufman, Event Director 303-210-6039, kelby@momentoushappenings.com Event Date: Saturday, September 15, 2007 Event Description: The Wheat Ridge Taste of the Arts Festival consists of Wheat Ridge 2020, Wheat Ridge Business District, Wheat Ridge Arts Council, and the Colorado Folk Arts Council. It's a single-day festival incorporating community with the business and arts in a safe environment. The locations are on W. 38'h Avenue between Wadsworth and Pierce with the festival starting on Upham. The location provides an ideal location, atmosphere, and availability of participants for guests and vendors. The closure of the street provides support of the business and arts creating a stronger community within the city of Wheat Ridge. The Wheat Ridge Taste ofthe Arts Festival is entertaining for the art collector to the car show enthusiast. All ages and families from the community are encouraged to participate in the open festival but as well as the businesses that are open on the same street. Please see Attachment: Wheat Ridge Site Plan - Bird Eye View Estimated Number of Participants: 500 to 1,000 Start Time: Set-Up: Friday, September 14'h for signage and drop off of barricades Saturday, September 15'h 4:30 a.m. to 8:30 a.m. for tent, barricades, signage, electricity hook-up Start Time: Open to the public: 9:00 a.m. End Time: 10:00 p.m. Tear Down: 10:00 p.m. to 12:00 a.m. Emergency Medical Plan: First aid and an extinguisher will be provided in the information booths which are placed near both entrances of the Festival: Upham and Quay Sanitation Plan: Portable facilities appropriate for the number of participants to be placed at the Wheat Ridge Middle School Parking Lot. Delivery and pickup provided by a local company. 500 to 1,000 people attending and staying for approximately 4 hours the festival will need 10 regular restrooms and 1 disabled accessible restroom with the possibility of renting a changing room for infants. Designated Contact Person(s): Kelby Kaufman is the primary Event Director. The marshal supervisor for safety and security on the day of the event is . All will be accessible by cellular phone on the day of the event. Page 1 of5 Wheat Ridge Taste ofthe Arts Festival Special Event Plan Communication Plan: Key personnel will communicate by cellular phone. Cellular phone numbers will be given to the law enforcement officials. Executive Committee Members and volunteers will be given cellular phone numbers as well. The cellular numbers will not be provided to the guests. Volunteers throughout the entire event will be placed in the Information Booth with accessibility to cellular phone numbers for emergency purposes. Insurance Certificate: Special event insurance is provided by Farmers Insurance and Financial Solutions and Associated Excess, Inc. through Mike Roberts. Please see Insurance Attachment Related Permits in Process: The following event permits' are completed or in the process of being approved: Liquor Permit and License and Special Events Sales License, Certificate of Approval for Temporary Food SelVice Event Vendors. Traffic Control Plan, Detour Plan and Barricade Plan: Please see Attachments: Wheat Ridge Art Festival Traffic Control Plan Attachment Wheat Ridge Art Festival 38th Wadsworth Wheat Ridge Art Festival 38th Pierce Clean-up Plan:. Several cardboard trash cans lined with trash bags will be placed near a set of four tents that are participating within the facility. Two of these trash cans will be placed near a set offour tents if the occupants are food related. The trash cans will also be placed near the entrance at Upham, Pierce, and near the Entertainment Area. The trash cans will be placed inside the Entertainment Tent due to the Alcohol Stand is inside the tent area as well. Drop off reciprocals will be available for trash pick-up. Street sweepers will be needed after the festival, on Sunday, September 16th for any minor trash particles on the street that may have been missed. All trash not placed into trash cans will be picked up by Volunteers after the festival. The city street sweepers will come in on Sunday, September 16 to follow up with cleaning if any missed pieces are left behind. All tents, barricades, and signage rented will be returned to a designated area for pick up by the rental company. Page 2 of 5 Wheat Ridge Taste of the Arts Festival Special Event Plan Electrical Plan: Currently we are working with Xcel Energy to provide meters for electrical needs. It will be used for the Entertainment Area, food vendors, and lighting areas. The lighting areas will be placed. near a set of eight tents and before a break within the street to help with ease of access. The lighting will be only used for set-up and after sundown. An Electrician is on current stand-by for operation to assess what electrical is needed to pull from local businesses. A permit is in place with the City of Wheat Ridge for this situation. Marketing Plan: Banners will be placed above 38'h Avenue after the Carnation Festival, August 18'h for notification of the upcoming event by a designated city official. All residents and business owners impacted by the festival between 44th and 32"d and Wadsworth to Pierce will be informed 2-3 months in advance of potential traffic and will be provided marketing material. All business owners on 38'h Avenue are encouraged to notify their customers of the upcoming festival. Each business owner will be provided barricades to block off their parking lots if they notify the festival committee 4 weeks in advance. Marketing materials will be provided to the businesses on 38'h Avenue. Each resident will be given marketing materials of the up-coming festival for notification of which street will be blocked off for Thru Traffic. Each household affected within the festival area will be reminded of the event 1 week before the event via direct mail. A second option is to insert the mailing into the water utility bill. Sponsorship Plan: Mayor Jerry DiTullio of Wheat Ridge, Rob Osborn of Wheat Ridge 2020, and Kelby Kaufman of Momentous Happenings have worked together to encourage local Wheat Ridge businesses help sponsor this local community event. Some targeted sponsors are 1st Bank, Community Bank, Enterprise Wheat Ridge, Jefferson Economic Council, Wheat Chamber, and Wilson Downing. Please see Attachment: Wheat Ridge ASK Letter Main Alcohol Plan: Currently the alcohol confined area is within the Entertainment Area. There will be only one entrance and exit for containment of alcohol. An emergency exit (aka stage entrance and exit) will be available for emergency reasons only. There will be a least one security officer manning the entrance/exit of the Entertainment to make sure there is no alcohol leaving the contained area. All personnel running the alcohol booth will be required to take classes by the Wheat Ridge Police Department and the head of the alcohol booth is responsible for obtaining permits and a liquor license at least 1 month in advance. Parking Plan: Vendors will have the option to park at designated areas at the WR Medical Complex at Upham and 39'h and at Stevens Elementary School at Reed and 41" Street. They are given this opportunity for easy access to the festival and for unloading/loading purposes. Guests will be encouraged to park at the Dirt Parking Lot near Ford at 38'h and Wadsworth and at the Stage Stop near 44'h and Wadsworth. They will be discouraged to park in the Safeway lot for fining and towing will be placed on non-customers of Safeway. Notification of this procedure will take in affect 1 month prior to the festival. The shuttle will only be available at the two parking areas to encourage people to park in the provided parking spaces. This will also help to decrease foot traffic and parking within residential areas. To limit the impact on adjacent areas, all available media resources will used to notify Festival guests of where to park. Momentous Happenings has designated a spot on their website for viewers who want more information about the festival and parking places may be able to do so. Page 3 of 5 Wheat Ridge Taste of the Arts Festival Special Event Plan Parking: P (PURPLE) Permission Granted: See Attachment signed by Owner Upham and 44th: Lot Stage Stop Vacant 200 parking spaces permitted Parking (Waiting to here back from them) South of 38th Avenue on Wadsworth: Near Ford Place: Dirt Parking Lot 400+ p.s. Wadsworth and 42nd Avenue: Big Lots 100 parking spaces Vendor Parking: VP (PINK) Upham and 391h: WR Medical Complex, Vendor Parking 75 parking spaces Reed and 41'': Stevens Elementary School; Vendor Parking 50 parking ~s W~ d JlJ~[ UUU'U' L..JL.-1L-111-~ .,.........i>'.""" ~rfrO.jL? <2 U ~ i 10" DD'D62~~~!f~ ..., --=. ,..s . =;=.=:> I . "''''''= k!:cr-' .~ -~~"4lh'jflfl__ IC?J -1 ~r r Jr::.!J4~lhDt]D[ ~_ _.Ii lr~~ L~_ _ .JuG'~ ?:lIHO L~1!,~~,\ 'IB[ ~mHtf~ - ~ j - JJI ~~I~F=r ~ ] ~g ..- ,- - tr! 'J I D~""" c:?1 - rnsrA;c J -.J ! IIIIi ~..~.1 -j[ [;51____ ~_ DD~ JEt ,7 fOOL n; t~IJ~DDI3HoGiJEJ.~.~ :JD2JE'JGoooO[! Dfl-9. ,DD'Lmonnnnoc w 32ndAve ~ .~~Wl't ~~"';;;~'in",==..;;;:;;:.:;:-;~~U.II n~nJ fi':--, 1[===:J:......~"1nDnnnnl Shuttles Possibilities: South of 38th Avenue on Wadsworth: Near Ford Place: Dirt Parking Lot Wadsworth and 42nd Avenue: Big Lots Upham and 44th: Lot Stage Stop Vacant Staff, Vendors, and Volunteer Parking Plan: Staff, Vendors, and Volunteers will park at Upham and 39th or Reed and 41 sl parking lot. There is adequate space at these locations to accommodate all cars. Please see Parking Plan for more details and location for participant parking. Each Staff, Vendor, and Volunteer will be given a designated Parking Pass for access to these parking spaces. Page 4 of 5 Wheat Ridge Taste of the Arts Festival Special Event Plan Pedestrian Plan: COOT has communicated to Kelby Kaufman, Festival Coordinator that there is no need for a plan from them because it will not affect Wadsworth traffic flow. However, having a shuttle available at the provided parking areas would decrease pedestrian traffic crossing Wadsworth and walking down 44'h Avenue. This would also help minimize the impact among residences due to the convenience of a shuttle. Shuttles Possibilities: South of 38'h Avenue on Wadsworth: Near Ford Place: Dirt Parking Lot Wadsworth and 42"d Avenue: Big Lots Upham and 44'h: Lot Stage Stop Vacant Volunteers to flag pedestrians: South of 38'h Avenue on Kendall: Shopping Center Lamar and 41" Street: Church Parking area Wadsworth and 42"d Avenue: Big Lots Upham and 44'h: Stage Stop Lot Vacant Between Otis and Pierce North of 38'h Avenue: Church: St Peter and Paul Security: A total of 15 WR Police Officers and 1 WR Police Supervisor will be at the festival. The Schedule: 9:00 a.m. to 12:00 a.m. (next morning) -1 supervisor 9:00 a.m. to 2:00 p.m. (5 hours) -- 4 officers. 2:00 p.m. to 10:00 p.m. (8 hours) - 6 officers. 4:30 p.m. -12:00 p.m. (7.5 hours) - 5 officers. The WR Police Supervisor will pre-plan for officers to sign up and will send out notifications about public service. Attachments: Wheat Ridge Site Plan - Bird Eye View Wheat Ridge Art Festival Traffic Control Plan Attachment Wheat Ridge Art Festival 38th Wadsworth Wheat Ridge Art Festival 38'h Pierce Wheat Ridge ASK Letter Main Page 5 of 5 Aut 17 07 10: 35a Ra~ Kaufman ~U;j:-./lc-lU";,j p." ~<WD..ce;1ll1tt<'o)1UL~ _:~.._Jal]D>]p>ce;lllui1lllg~ . NACLE OF LENCE Date: July 17, 2007 7340 W 44th Ave, Wheat Ridge, CO 80033 Address: Re: Wheat Ridge Taste of the Arts Festival: Parking To Whom It May Concern: Through the partnership of the Wheat Ridge Arts Council, Colorado Folk Arts Council, Wheat Ridge 2020, and Wheat Ridge Business District we are organizing a fantastic community event to celebrate the Arts and promote the Wheat Ridge Central Business District. We are planning a Street Festival for Saturday, September 15, 2007. The festival will take place on 38th Avenue from Pierce to Wadsworth and will provide festival goers an opportunity to view Art, Classic Cars, sample Culinary Delights, listen to live music, and stroll through our local businesses within the community. The festival will set up at 5:30 AM; with events from 9:00 AM to 10:00 PM; and clean up and restoration 11:00 PM. We need your support to make this project a success. . The purpose of the festival is to provide Wheat Ridge with a program that raises awareness of the arts and culture in our community and also provide an event that promotes community pride. Although the W. 38th Avenue and adjacent streets will be closed off on Saturday for the festival, foot traffic should exceed normal walk-ins during Festival Hours. . We are asking for your help to use the current vacant lot for the festival parking. Access would be entered and exited through W. 44th Street and Upham Street. We feel that we could place at least 200 cars into this lot and would have enough access for cars to leave at their convenience. Volunteers would direct traffic into these spots. Shuttle service will be available within this parking location to encourage people to park in the provided parking spaces. This shuttle will help increase public safety along city streets and decrease parking within residential areas. Please let us know your thoughts and concems about using the vacant lot near your facility. If there is anything the festival committee maybe able to do so to help your customers understand your participation, please inform us Immediately. If you would like more up-to-date Information, please visit www.momentoushaooeninos.com/wnnain.html Please contact Ms. Kelby Kaufman, Festival Coordinator at Momentous Happenings LLC, if you have any questions regarding our project. Her direct line is (303) 210-6039. '/KI i(~ .f. )'''If'''' ." /I./\!\.... If...(}...J...I. I- (IV _f r '--- 'V \i)C r ~ 4J~~1 Thank you' for your support. Sincerely, Kelby Kaufman Event Planner Momentous Happenln9s LLC 2330 S. Ellis Ct Lakewood CO 80228 303-210-6039 ~~l~<il2 ~. ~~n']T.tr.)", ~...~~, L ,I ~ h.l "l'D:'yr:11'd] 1"(1\ r..~ ~.~~.... ..u..l 1!1 i'l.....rll {)I IV'III'.:! Date: Address: Attn: Re: Donation for Wheat Ridge Taste of the Arts Festival Dear The Wheat Ridge Arts Council, Colorado Folk Arts Council, Wheat Ridge 2020, and Wheat Ridge Business District are organizing a fantastic community event to celebrate the Arts and promote the Wheat Ridge Central Business District. We are planning a Street Festival for Saturday, September 15, 2007. The festival will take place on 38'" Avenue from Pierce to Wadsworth and will provide festival goers an opportunity to view Art, Classic Cars, sample Culinary Delights and stroll through our community. The Partnership of The Arts Council and Business District Is making' this event possible and providing a wonderful event to highlight our community. We need your support to make this project a success. The Purpose of the festival is to provide Wheat Ridge with a program that raises awareness of the arts and culture in our community and also provide an event that promotes community pride. This year, we are working to engage our community organizations to help raise $ to provide music, entertainment, public safety and participant accommodations for the festival. We are asking for your assistance in raising these funds by providing a donation in the amount of 0$100 0$50 0$25 o$other Please contribute by submitting a check made payable to Momentous Happenings LLC, with a notation referencing the Wheat Ridge Festival Project. Please submit contributions by , 2007. Checks can be mailed to: Momentous Happenings LLC 2330 S. Ellis Court Lakewood, CO 80226 Please contact Ms. Kelby Kaufman, Festival Coordinator at Momentous Happenings, LLC, if you have any questions regarding our project. Her office number is (303) 210-6039. Thank you for your support, Sincerely, ?'"? ~~(.~ "--~ i~~L0U1~~ Jerry DiTullio Mayor of Wheat Ridge. City of Wheat Ridge 303-235-2800 Robert J. Osborn, Esq. Executive Director Wheat Ridge 2020 720-259-1030 Kelby Kaufman Event Planner, CEO Momentous Happenings LLC 303-210-6039 ITEM NO: :.1 . REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 TITLE: RESOLUTION NO. 6-2007, A RESOLUTION ADOPTING THE WADSWORTHCORruIDORSUBAREAPLAN ~ PUBLIC HEARING o BIDSIMOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes ~ No Mil Interim co~uni~ment Director ~~rQ) City M~er 6" BACKGROUND: The Neighborhood Revitalization Strategy (NRS) approved by City Council in 2005 emphasized the importance of the revitalization of Wadsworth Boulevard through Wheat Ridge. A priority strategy listed in the NRS was the development of a subarea plan for Wadsworth Boulevard. Winston and Associates was hired in the fall of 2005 to prepare the Plan. The purpose the Plan is to provide guidance regarding future roadway design and right-of-way needs for property owners and future developers as they consider redevelopment along the corridor. The Plan is an advisory planning document, not a regulatory document, and is not intended to be an engineering study. The Plan can be revised as further progress is made on revitalizing Wadsworth Boulevard. It is not a regulatory document requiring right-of-way dedication, nor will it be used for right -of-way acquisition. Detailed engineering studies and maps examining the impacts of right-of- way acquisition will be done as part ofCDOT' s environmental studies since Wadsworth Boulevard is a state highway and under the jurisdiction of CDOT. The Plan is a tool to guide staff, Planning Commission and City Council, and land use applicants in making decisions about development on Wadsworth Boulevard before CDOT undertakes their environmental studies. A recommended Future Land Use Map is included in the Plan. It recommends mixed use with some higher densities between 38th and 44th Aves. in an effort to create a town center. It recommends the transitioning out ofland uses and densities from Wadsworth Boulevard to be compatible with the surrounding single family neighborhoods. The Plan does not rezone or condemn land, it provides recommendations should landowners seek rezoning. Any references to eminent domain or recommended changes to the City Charter regarding densities as was included in the original version of the Plan have been removed. Six public meetings were held between December 2005 and November 2006 including a three design charrette attended by approximately 100 people. Information regarding public meetings and the planning process were regularly advertised on the City website, Channel 8, the Connections, and the Transcript. Thousands of notices were mailed to property owners in the planning area notifYing them of meetings. In addition, in June of this year, meetings were held with individual property owners along Wadsworth Boulevard. Also, dozens of property owners along Wadsworth Boulevard were invited to an open house June 7, 2007 regarding the Plan. Through the development of the Plan, numerous meetings were held with City staff and CDOT discussing various roadway design options and CDOT's plans for Wadsworth Boulevard. Two City Council study sessions were held in July, 2006 and May, 2007 regarding the Wadsworth Corridor Subarea Plan. EXECUTIVE SUMMARY: The Plan has been revised based on motions made at City Council's July 9,2007 meeting. These revisions include the following: · To indefinitely postpone City Council Resolution 15-2007 a resolution amending the 2007 budget of a Wadsworth Boulevard traffic study by the City. . To rescind parts of the motion made on March 26, 2007 directing staff to refine the road design concepts and present them to Council prior to October 23,2007, and directing staff to prepare an overlay zone to establish a build-to-line. . To modifY the Plan to read the public road improvements along Wadsworth Boulevard with the plan area shall not exceed 150 feet in width. · To modifY the language in the Plan regarding the preferred alternative of a Multi-way Boulevard to include a range of alternatives including the Multi-way Boulevard, the Modified 1999 Plan and the Asymmetrical Boulevard · To modifY the Architectural and Site Design Manual to change the overlay designation along Wadsworth Boulevard within the Plan area from the "Contemporary Overlay" to the "Traditional Overlay." Within the setback range established for the "Traditional Overlay" area, the City Manager's office shall set a minimum and maximum building setback so that the pedestrian features ofthe three roadway design alternatives are preserved. Also included in the July 9,2007 motion was the following language: "August 27,2007 Public Hearing (public Hearing motions and resolutions to be drafted by the City Managerl.s Office as needed based on the following action plan below) . At a public hearing, City Council will act on the modified plan. City Council believes it is in the best interest of the community to further study the range of roadway alternatives for Wadsworth in conformance with the National Environmental Policy Act (NEPA). To that end, upon adoption of the Wadsworth Plan, the City Manager.s Office shall: o Submit a Transportation Improvement Plan (TIP) application to the Denver Regional Council of Governments for a Wadsworth Corridor NEP A study. o Prepare a budget amendment to the 2007 budget for 50% of the costs of the NEP A study. The monies will be taken out of the city.s reserve and used as a 50% match. The monies will only be used if 50% funding from other sources, such as CDOT or DRCOG, is obtained. . In a separate resolution, approve a budget amendment to pay 50% ofthe costs of the NEP A study. This need not be done untiICDOT is ready to do the study. Otherwise, a supplemental appropriation will have to be made each year to carry over the funds. . Direct the City Managet.s Office to submit a copy of the 1999 Wadsworth Plan to CDOT as additional information to consider during the NEP A study." Adoption of the Subarea Plan would supercede the Comprehensive Plan for this area of the City. Adoption of the subarea plan implements Council's strategic goal of preparing for growth and opportunities. COMMISSION/BOARD RECOMMENDATION: The Planning Commission recommended adoption of the revised Wadsworth Corridor Subarea Plan at an August 16,2007 meeting by a 5-1 vote with the following amendments: . Delete the last sentence of paragraph 3.7 on page 14 of the Wadsworth Corridor Subarea Plan which reads, "If densities of over 21 units per acre were to be considered, a City Charter amendment would be required. " . Reference to the 150 foot width for Wadsworth Boulevard shall be revised to read "150 feet or less" rather than "not to exceed 150 feet. " A friendly amendment was proposed and accepted to change the Recommended Land Use Map on page 10 for the yellow area from medium density to low to medium density and to change paragraph 3) on page 9 under Future Land Use to read low to medium density rather than medium denity. STATEMENT OF THE ISSUES: A revised copy ofthe Wadsworth Corridor Subarea Plan was delivered to Council on August 10. The existing Comprehensive Plan recommends improvements based on the 1999 Wadsworth Boulevard Corridor Plan. These recommendations are not consistent with CDOT's future plans for widening Wadsworth Boulevard. CDOT must consider locally adopted plans when preparing Enviromnental Impact Statements (EIS). An EIS would-be required for Wadsworth Boulevard since federal funds would be used for roadway improvements. Approximately $30 million has been allocated in CDOT's long range plan for the widening of Wadsworth Boulevard from 1-70 to 36th Ave. Landowners along Wadsworth Boulevard have shown interest in redeveloping their properties. A challenge has been the uncertainty of how much right-of-way would be needed for future roadway improvements. The Subarea Plan recommends a maximum roadway width which provides guidance to property owners and potential developers as they look at redevelopment plans. CDOT and City Public Works staff was involved in the development of the concepts in the Subarea Plan. AL TERNA TIVES CONSIDERED: Several alternative roadway and land use scenarios were investigated during the public workshops. .FlNANCIAL IMPACT: There is no financial impact to the City as a result of adopting the Plan. .RECOMMENDED MOTION: "I move to adopt Resolution 06-2007, a resolution adopting the Wadsworth Corridor Subarea Plan." Or, "I move to adopt Resolution 06-2007, a resolution adopting the Wadsworth Corridor Subarea Plan, with the following amendments: 1) Report Prepared by: Sally Payne Attachments: 1. Planning Commission Memo 2. Planning Commission Minutes 3. Planning Commission Resolution 4. Resolution No. 06-2007 PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: August 16, 2007 TITLE: Wadsworth Corridor Subarea Plan CASE NO. WP A 06-03 cgJ PUBLIC HEARING cgJ RESOLUTION D CODE CHANGE ORDINANCE D STUDY SESSION ITEM Case Manager: Sally Payne, Senior Planner Date of Preparation: August 8, 2007 Enclosed is a copy of the revised Wadsworth Corridor Subarea Plan. The Plan was prepared by Winston and Associates over the course of the last year and a half. Preparation of the Plan fulfills one of City Council's strategic goals to prepare plans for subareas in the City in order to prepare for growth and its opportunities. Wadsworth Blvd. was selected as on of the first subarea plans due to the need to define a roadway design and right-of-way needs for property owners and future developers as they consider redevelopment along the corridor. Wadsworth Blvd. is a state highway meaning the Colorado Department of Transportation (CDOT) has jurisdiction over the roadway and will ultimately decide how Wadsworth Blvd. will be widened. In regards to public outreach, five public meetings were held during development of the Plan, including a two and one-half day planning charrette and a working meeting where a Visual Preference Survey and land use mapping exercise were undertaken. Thousands of notices were sent notifYing people in the planning area of these public meetings. To recap the sequence of events related to the Plan adoption, Planning Commission was first presented the Plan at a public hearing on February 1. At that meeting, the Commission requested revisions be made to the Plan and that it be brought back for reconsideration at a March 1, 2007 public hearing. At the March 1, 2007 hearing, the Commission recommended denial of adoption of the Plan by a 4-3 vote. The Plan went to a March 26, 2007 City Council public hearing. At this hearing, Council made a motion to endorse the goals, land use concepts, urban design recommendations and implementation steps of the proposed plan. Council also requested that more detailed roadway design studies be done and that a budget amendment be processed to pay for such as study. Please see the attached City Council meeting minutes from the March 26 meeting for the full motion made at this meeting. ATTACHMENT 1 At a July 9, 2007 public hearing, Council made a motion to revise portions of the Wadsworth Corridor Subarea Plan and to indefinitely postpone amending the budget for funding of more detailed roadway design studies. Please see the attached memo from Mayor DiTullio detailing the revisions to be made to the Plan. . This most recent version of the Plan reflects revisions based on direction from City Council at their July 9, 2001 public meeting. In summary, revisions to the Plan include changing the 162 foot width for improvements to Wadsworth Blvd. to 150 feet, removing the Multi-way Boulevard as the preferred alternative and including a range of alternatives for consideration including the Multi-way Boulevard, the modified 1999 Wadsworth Boulevard Corridor Plan and the Asymmetrical Boulevard. In addition, the Architectural and Site Design Manual is to be modified for Wadsworth Boulevard from a Contemporary Overlay to the Traditional Overlay. As was previously mentioned, based on City Council's motion from their March 26,2007 meeting, changes have not been made to the goals, land use concepts, urban design recommendations and implementation steps of the Plan with the exception of revisions referencing the Multi-Way Boulevard as the Preferred Alternative. BACKGROUND ON REGIONAL TRANSPORTATION PLANNING: The Denver Regional Council of Governments (DRCOG) is the region's Metropolitan Planning Organization. As such, DRCOG develops and updates a Metro Vision Regional Transportation Plan (Metro Vision RTP). This plan presents the vision for a multimodal transportation system that is needed to respond to future growth in the Denver Metro area. The Metro Vision RTP identifies nUmerous improvement projects needed in the next 25 years. Those projects that have a reasonable expectation of construction, based on projected revenues, are further identified in the fiscally constrained Metro Vision RTP. DRCOG also develops a short term Transportation hnprovement Program (TIP) which identifies federally funded transportation improvements to be completed by CDOT, the Regional Transportation District (RTD) and local governments over a six-year period. DRCOG reviews CDOT submitted projects for consistency with the Metro Vision RTP. If funding is proposed by CDOT in the next 25 years, the projects are included in the current fiscally constrained RTP. At this time the segment of Wadsworth Blvd. from 36th Avenue to 46tl, Avenue is included in the Fiscally Constrained 2030 RTP, with an estimated cost of$13.9 M. The remaining sections of Wadsworth Blvd. in Wheat Ridge are listed as un-funded widening projects in the Metro Vision RTP. The actual design and construction of Wadsworth Boulevard improvements will be implemented by CDOT. Once a project is included in the TIP a concept plan is prepared and enviromnental studies and clearances are pursued following the Federal process. During the enviromnental process several alternative plans are evaluated and public input is solicited. A community- supported plan for Wadsworth Blvd. would be likely be considered as one of the alternative plans during the enviromnental process. STATEMENT OF ISSUES: City Council has stated that upon adoption of the Wadsworth Corridor Subarea Plan, the City will submit a TIP application to DRCOG for a Wadsworth corridor Nationai Environmental Protection Act (NEP A) study. The Plan is a planning document, not an engineering study. The Plan is not a regulatory document requiring right-of-way dedication, nor will it be used for right-of-way acquisition. Detailed engineering studies and maps examining the impacts of right -of-way acquisition will be done as part of CDOT' s environmental studies. The Plan is a tool to guide staff, Planning Commission and City Council, and land use applicants in making decisions about development on Wadsworth Blvd. before CDOT undertakes their environmental studies and widening. The Wadsworth Coiridor Subarea Plan is proposed to supercede the Comprehensive Plan for the area. The existing Comprehensive Plan references the unadopted 1999 Plan regarding improvements to Wadsworth Blvd. Since the 2000 Comprehensive Plan was adopted, CDOT has projected funding in their long range plan for the widening of Wadsworth Blvd. as previously mentioned. References are made in the text of the Plan to the Appendix. It is a lengthy document so it has not been included as part of this packet. Please contact the Community Development Department to obtain a copy of the Appendix if desired. If you have any questions regarding the Plan, please contact Sally Payne at 303-235-2852 or spayne@ci.wheatridge.co.us. Notice as required by state statute for the hearing as been provided. (Notice in the Transcript newspaper.) In addition, notices regarding the public hearing were sent to a mailing list of approximately 1000 persons located in the planning area. Staff recommends adoption of the Plan. A motion to adopt a resolution recommending adoption of the plan by City Council is needed. Suggested Motion: "I move to adopt Resolution 01-2007, a resolution recommending adoption of the Wadsworth Corridor Subarea Plan, and forwarding this recommendation along with the Resolution to the City Council for their consideration." Attachments: 1. Wadsworth Corridor Subarea Plan 2. Planning Commission Resolution 3. Memo dated July 2, 2007 from Mayor DiTullio - "Wadsworth Corridor Plan Recommendations and Next Steps" 4. March 26, 2007 City Council Meeting Minutes including motion on the Wadsworth Corridor Subarea Plan 7. PUBLIC HEARING fA. Case No. WPA-06-03: A resolution adopting the Wadsworth Corridor Subarea Plan. The case was presented by Saily Payne. She entered ail pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. Staffrecommended approval for reasons outlined in the staff report. Commissioner BRINKMAN commented that the SubarellPlan is an advisory document to help guide future development in regard,t~',~uch things as setbacks and design until such time as the Colorado Oepartment'l'iffIighways (COOT) completes their studies and determines the final wiuth ofWa4~worth. Vice Chair CHILVERS asked to hear fronrmembers of the pubH~,~t this time. Patricia Fisher 7609 West 47th Avenue Ms. Fisher stated her oppositio.n to the entire .. orth Corridor Subarea Plan. She stated her belief that the cY;>:ll.Jlcting like it i 'done deal." She expressed concern that many area resident "tT.aware that t i-an could cause them to ";"S"?--":'j/"'", lose their homes to be replaced .... mi(f"~~~~~h.!ise a~\lrtments. The plan would also reduce market value of homes'l.n t4;.1)lTlu:eii~il1l3ill'~;l:tlso expressed concern that eminent domai~W'&'i'l;~~~~;.fcur to tak~~~{~idences.;She submitted a copy of court proceedings i,!j{1971 ai1&t~1J72 which I,,?und that the Hillcrest Heights covenants were regist~f'& d tha ;'$ning could d"my,be changed by a vote of the residents. She stated that t .;~~ould.Jg taken to the voters rather than being deci by :1'8:Ji1@,;fjftther stated that there should have been -= I\li. out t '~Joposed plan and suggested that ail residential and ',~siness owne '.(~guld 'fe~9}x~..a copy of the plan with a map before the plan is e;~!:J;~.idered again.i,};, .', ~~:t\:~l:_, t~@; In r~~'~~~e to a qu~"on from Commissioner BRINKMAN, Ms. Fisher stated that she" s t4~jfuture land use plans but was not concerned with the wideningsWorth. Patricia Johlison 7835 West 48th Avenue Ms. Johnson acknowledged that Wadsworth needs to be widened and asked if COOT needed to complete their work before Wheat Ridge could move forward with revamping properties. She also wanted to know what the time frame would be. She expressed concern about a decrease in property values and the possibility of condemnation of properties. . ... ATTACHMENT 2 PlalU1mg CommISSIOn Mmutes August 16,2007 Commissioner BRINKMAN asked Ms. Johnson if she had attended any of the meetings held by Winston and Associates regarding the Subarea Plan. Ms. Johnson said she didn't attend because she didn't know about them and she has lived in her home for 25 years. Vice Chair CHIL VERS asked staff to explain timeframes and possibilities of condemnation. Sally Payne stated that references in the original document regarding eminent domain and condemnation had been removed from the plan. She also stated she was not aware of any plans by the city to do any rezoning or condemnation. The Subarea Plan is to provide guidance fQI: future land use. Patricia Johnson returned to the podium. She stated,~"t she was not aware of the revised document. " i/o'!;- Sally Payne stated the revised document wa&;Jll'ii.ced'on the cit~'s website a week ago. Betty Booz 7695 West 4Sth Avenue Ms. Booz agreed with the previous speakers. ted that she spent $250,000 several years ago to renovate l1'~!t~ e and expres oncern about the loss of property value. She stated that ~l)'e desire to . ,if tom her property and no monetary value can be placed'&p- he . '. .".,She al~0''stated that she had not been informed abo~tthe plan exce~ttlmetigh iD'f'@rtrl1ition received from neighbors. She.~ii1fjj~~~rJs.e the idea dfcihe Subari~'Plan being thrown in with the widening of ~dswo~~Sb, 'S:",f.!f2~' fe;)l@ . . . ";:~{:i;';:0. /,:>1:... Debbie Fldnch "'~J% fr"',>;,;....., 37 UT 46ths:1t#:;>-:;:>Y\\'h;(;;-'\t~:;;fl,;\').'.::~ 77 .,' ,r.!'est.,.,'7,( ~y.".,." ~$lvFla?~'~~~;,,,gre()l. ,h the pr;;'tious speakers. She stated that the city has ;;~Pt taken residew~!Jnto c' . ,ation in formulating the Subarea Plan. She also , .. d that she ha'tl:,~~ver re ed results from the neighborhood impact study that d ~&'ti/~; b ., pose to ha~~ een"i:lone. }!,.J>. ,~ ~'>;l!:'_ ,.. Kent D~!S., .. ;,- SOSO Me\"tii've Mr. Davis r~,i '~nted the commercial property on Wadsworth between 38th and 44th A venues'which has been in his family for one hundred years. He expressed concern about the proposed width of Wadsworth. He stated that property owners would fight CDOT but would rather not fight the City of Wheat Ridge. He wanted to know what the final width of Wadsworth is proposed to be. He believed that 120 feet would be a desirable width when the highway is widened. He also expressed opposition to service roads along this area of Wadsworth. He did not believe they would add to pedestrian safety. Planning Commission Minutes - 3 - August 16,2007 Karen Tannaccio 7815 W. 47th Avenue Ms. Tennaccio expressed concern about property values because of the uncertainty involved with the pian and Wadsworth widening. She doesn't know if she should upgrade her property. If she decided to sell her home, she was concerned about the market value being affected by the Subarea Plan area. Thomas Slattery 6869 W. 32nd Avenue Mr. Slattery agreed that changes have necessitated the wiq.!lping of Wadsworth. He believed a maximum of 150 feet right of way might1;l;~'hecl;ssary in some places but CDOT requirement for six lanes is 130 feyW.f1'f!e would like to see base right of way of 130 feet or less specified in the pl~!1tWe~~~ pleased to see that all references to changing the city charter had ~ee'ii:Jdeletea;If.~.J11 the plan. He sympathized with the property owners' conc.!l#fu'!h'..I'l'e stated tn;~~y, should be no provision for spot zoning to allow highergefisity. He would al . e to see broader landscaping requirements alOJ1g~~ sides 6~W adsworth V:i ,.1~i'~ould provide excellence of design and a softenlti gJ~rglPY developeclr~eas. He stated that citizens are not powerless against' .IT because of a Federal act which can restrain adverse imgacts on commun \'i:(}ffederal funds are involved.. ;, . ',. "'&:f;',t>,~ Vice Chair CHIL VERS asked w~a.t0t~eJl~)!gical widtil~%i~along Wadsworth. Mr. Paranto explained that current wid.tj1s v!fi'~iWP}?' coml1).lfuity to community. Widths are 130 feet wide:'+!nt~~~aiJ , . double turn lanes require greater widths. provid'~f'for a ran 'of alternatives including six lanes and a s a fronta~ road scenario that would minimize the width of as"" ;~'q;'(" Loujsei'~U,r,"'er U25bW:'~&l~J. '..:BC .~., 'if' .,~s. Turner st at sll~~cJjJeved the plan should be tabled indefinitely. In l~~ill1 meetings, ( . s rep6~'f:(! that there was no urgency to implement the Plan. HO~"Y,7r, in a few..,,,eks tHe Wadsworth widening project was before the DIRT CO~~l;;~ to priodll'7:e. She didn't think there has been enough publicity about the plari:Jl~x didp4Pibelieve the city should be going after other street projects when ther~l'~~9"i~iich street improvement going on in connection with the Cabela's proI"t: The plan changes the entire concept of commercial and residential d6velopment for the mid-section of the city. Wheat Ridge 2020 wants to develop an identity for the city when citizens have fought for years to preserve the existing identity of Wheat Ridge. The inclusion of high density is offensive. She stated there has been disregard for residential and commercial property owners in formulating the plan. This type of plan should only be considered if it is something the public wants. The citizens have not been adequately informed. Commissioner REINHART asked staff to review the requirements for public notification in cases such as this. Sally Payne stated that the law requires Planning Commission Minutes -4- August 16, 2007 notification in the newspaper of record (The Transcript) regarding public hearings. There is a mailing list of over a thousand property owners who were notified of meetings. There were articles in The Connection, Channel 8 and on the city website. There were also two articles about the plan in The Transcript. The rules for public outreach have been followed. Nancy Snow 11155 West 40th Ms. Snow stated that she has attended other meetings about the plan, but was not notified ofthis meeting. She was pleased that references t}l;,changing the city charter had been deleted from the plan. She asked the P "''''lug Commission to consider how this plan would divide the city. Also, q , lopment with commercial at street level and residential on top dg,(j"' "nJ,;\tract families with children. It leads to crowding and increased crinfeiL Much!!\il~,the development will end up as rentals. She also believed thllFlxdiu,ipg the meetl;!l.~~l the consultant "led" citizens into saying what the consut~~t wanted to hear. S1!l:~;~as opposed to placing high density development on ~~'~j,ddle sct+?ol parking lobi{ .".:,<:< Roger Loecher 4599 Carr . ';;tti'17' Mr. Loecher did not believe ssary. Two more lanes on Wadsworth at 44th would increacrlike to see the plan say "150 feet or less" rather than sa \ ,,' ....ed 15 eet." Widening Wadsworth will take.~lot ofco~I~1~J$-imrt\'~~llPlial property. He was opposed to tak}t . that wonl!t~Be properly/used. podium to i~l&,what the plans are for Wadsworth south OT widen Wadsworth to carry the 9ng the corridor. The minimum project would es re ." ng 96 feet, a 20- foot median and 10- foot sidewalks. sidewalks is to accommodate pedestrian and bicycle as a requirement for 5- foot tree lawns between sidewalks . fore, a ISO-foot width is realistic. Further, RTD has also corridor along Wadsworth. The environmental process may scenario. Commissioner REINHART expressed concern that the 150 foot width would allow pavement from curb to curb with no safety zone or median. Karen Tannaccio returned to the podium and asked how traffic could be judged at this time if CDOT won't start the project for several years. Tim Paranto stated that traffic projections are available. In fact, present traffic volume warrants the widening of Wadsworth now but funds are not available. Planning Commission Minutes - 5 - August 16, 2007 Service levels are rated on a scale from A to F and the evening rush on Wadsworth is rated at F. The Subarea Plan would serve as a guide to owners along Wadsworth who want to do something with their property. Patricia Fisher She stated that even though language about eminent domain had been removed from the Subarea Plan, the revitalization plan says that the city should be willing to use eminent domain. She believed the Wadsworth corridor plan sh9uld be separated from the Subarea Plan and homes should be removed from the Subarea Plan. Larry Meade 7835 W. 48th Avenue Mr. Meade expressed concern that high density h<i>4sing wi:Im.~mly add to the heavy traffic volume that already exists on \Mti'1l1sMTorth. Commissioner BRINKMAN ~9mmented that character of Wheat Ridge anY'W~~'fFc~an other ma of the cities where they are 10cati;'U\cf~i\~ borhoods . L.f\1Jl'1e way businesses are laid out reflect the character of a c(i}' ..~.~he sta~tl her belief that redevelopment alon Wadsworth ;ilt;~ejJ~' 1~'~lflf'a~se developers do not know the parameters..~. . area Plan yAtl'provide g,l!l'i'delines for development. Without the A'Jarea businesses'~9n't know what types of families would be supporting' sine 'i",f ;'''~i1:~~~!'lm\Vadsworth does not defme the character dswortn'improvements to future land use presents a .IC in and out of Wheat Ridge in an effective way. ent wallow for a more active use in a more controlled auk t~rking lots in the frontage. He did not believe the demnation. CHIL VERSClosed the There were no other individuals to speaJ;i;,~,Yice public hearing at 8:22 p.m. .:'" ;',.";;.';.c''' ._c;<:' . .'i.'1;";o:,: . ,,+,ii' Commlssld't1~j:",,$lI'EW ART stated that she attended a number of the meetings. She expresse~ifconcern that there is no provision in the plan for low density development: While there needs to be a plan for future development, she did not believe that residential over commercial was necessarily the way to go. Multi- use would not attract young vibrant families. Wheat Ridge has second and third generation families and medium to high density development would change that. She agreed with the change in the width of Wadsworth but would like to see it smaller. There are many empty places along Wadsworth and something needs to be done to make it more appealing for businesses to locate. This plan would give guidance to future business development. She expressed concern about the effect on family homes. The future is for families who have invested in their homes. Planning Commission Minutes -6- August 16,2007 Commissioner SPANIEL agreed that Wadsworth must be widened. However, she was concerned about the medium to high density part of the plan. Commissioner REINHART commented that there are a lot of single family homes in Wheat Ridge. Higher density along Wadsworth would serve as a buffer between the corridor and single family homes. Commissioner MATTHEWS commented that the character ofthe neighborhood will definitely change in the next ten to twenty years, either for better or worse. Action can be taken now that will make that change for th~))etter. It was moved by Commissioner MATTHEWS anQ;ig~,~onded by _',_:,:"-';:';-;",'".J:", Commissioner REINHART to adopt Resolutio~\lJl-Z~Jk'k a resolution recommending adoption of the W adsworth <::iH;~idor Slj'~:~{ea Plan and forwarding this recommendation along ,,:itliitll~ Resoluti(f\t~*Q the City Council for their consideration, with t4e,followlng amendmeitls: ,"~'J.t,!;' Delete the last sentence of paragraph 3:9rt~!!!. pagTj4 of the Wads;,worth Subarea Plan which reads, "If densities oiii?';li its per acre wire to be considered, a City Charter a~tfcndment woul ' uired."; and that the reference to the 150 foot widf~i1f;.:Wadsworth Jj .,anged to read "150 feet or less" rather than "not to exce~~i'i'51it." "',i:;::j@';,$i" ~~_," Jfiir Commissioner STEWART offerejl a fp en "'ildment to change the ."':~JC':;'?i:'" ,.",:- :-,,~;' yellow areas ot:!h'i\lf',r on page 10tl/fthe Waworth Subarea Plan from medium den.~ll' to l~ edium de~~ity and change paragraph 3 on page 9 to read 10W'lfj'f!4~.t:lium .... sity rather '~~~n medium density. ;)s/'f:;;-,{y-:;?:.:............... ::;L'~ :~tWi~~(~~p.r€d by Commissioners MATTHEWS and t ommissioner SPANIEL voting no and and SCEZNEY absent. 8. ;:~V'^ Ff:S OTHE ,EMS." There werttih otn6r items to come before the Commission. '~'i;JJ' 9. ADJOURNMENT It was moved by Commissioner REINHART and seconded by Commissioner BRINKMAN to adjourn the meeting at 8:45 p.m. James Chilvers, Vice Chair Ann Lazzeri, Secretary Planning Commission Minutes - 7 - August 16,2007 CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. 01 Series of 2007 A RESOLUTION OF THE PLANNING COMMrSSION OF THE CITY OF WHEAT RIDGE, COLORADO, CONCERNING THE ADOPTION OF THE WADSWORTH CORRIDOR SUBAREA PLAN WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan on October 25, 1999 and amendments were considered and adopted in January 24,2000; and WHEREAS, the Wadsworth Boulevard Corridor: Transportation, Land Use, and Design Plan prepared in 1999 was not officially adopted, the Wadsworth Corridor Subarea Plan updates the 1999 Plan and provides direction regarding future roadway design for current landowners, business owners, and future developers to work to stimulate economic development along the corridor; and WHEREAS, the Comprehensive Plan adopted in 2000 referenced the unadopted 1999 Plan regarding improvements to Wadsworth Blvd; and WHEREAS, the City Council directed staff and its consultant to prepare a subarea plan for the area generally bounded by 1-70, Upham St., 26th Ave. and Yarrow St. in fulfillment of one of the Council's strategic goals; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, City Council desires to amend the Comprehensive Plan to address changed circumstances related to CDOT's commitment of funding in their long range plan for the widening of Wadsworth Blvd. from 36th Ave. to 1-70; and WHEREAS, Planning Commission has held a public hearing as provided by C.R.S. 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 January 18, 2007. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Wheat Ridge, Colorado, as follows: 1. The Planning Commission of the City of Wheat Ridge hereby recommends adoption of the Wadsworth Corridor Subarea Plan attached as Attachment 2. 2. The Planning Commission recommends that the Wadsworth Corridor Subarea Plan supercede the Comprehensive Plan for the portion of the City covered by the Subarea Plan. 3. A copy of this resolution shall be forwarded to the City Council. 1:\Comdev\WadswOIth Subarea Plan\pc resolutionS- A TT A CHMENT 3 DONE AND RESOLVED THIS ATTEST: ,v~~pLJ Secretary to tl'?e Planning Commission if-O day of A 1.Kj/Js!- ,2007. ~~~ C~R, PLANNING COMMISSION I:\COlndev\Wadsworth Subarea Plan\pc resolution8-16.doc 2 CITY OF WHEAT RIDGE CITY COUNCIL RESOLUTION NO. 06 Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, RECOMMENDING ADOPTION OF THE WADSWORTH CORRIDOR SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan on October 25, 1999 and amendments were considered and adopted in January 24,2000; and WHEREAS, the Wadsworth Boulevard Corridor: Transportation, Land Use, and Design Plan prepared in 1999 was not officially adopted, the Wadsworth Corridor Subarea Plan updates the 1999 Plan and provides direction regarding future roadway design for current landowners, business owners, and future developers to work to stimulate economic development along the corridor; and WHEREAS, the Comprehensive Plan adopted in 2000 referenced the unadopted 1999 Plan regarding improvements to Wadsworth Blvd; and WHEREAS, the City Council directed staff and its consultant to prepare a subarea plan for the area generally bounded by 1-70, Upham St., 26th Ave. and Yarrow St. in fulfillment of one of the Council's strategic goals; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, City Council desires to amend the Comprehensive Plan to address changed circumstances related to CDOT's commitment of funding in their long range plan for the widening of Wadsworth Blvd. from 36th Ave. to 1-70; and WHEREAS, Planning Corrunission has held a public hearing as provided by C.R.S. 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 January 18, 2007; 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 January 18, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The City Council of the City of Wheat Ridge hereby adopts the Wadsworth Corridor Subarea Plan. 1:\Comdev\Wadswolth Subarea Plan\cc resolution. A TT A CHMENT 4 2. The Wadsworth Corridor Subarea Plan shall supercede the Comprehensive Plan for the portion of the City covered by the Subarea Plan. 3. An attested copy ofthis 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 THIS day of ,2007. JERRY DITULLIO, MAYOR ATTEST: MICHAEL SNOW, CITY CLERK l:\Comdev\WadswOIth Subarea Plan\cc resolution.doc 2 ITEMNO: 3. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 TITLE: COUNCIL BILL 17-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY CLERK. ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: Awrust 13. 2007) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: D ~ Yes No ~ Citi Clerk - City Attorney EXECUTIVE SUMMARY: Until the recent past, the City of Wheat Ridge granted the City Clerk the same Employee Benefits package as other full-time employees of the City. The attached Ordinance grants to the City Clerk, following the election of November 6th, 2007, the following benefit programs available to other City Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan, employee recreation program benefit, tuition assistance program, and other optional programs. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Wheat Ridge City Clerk had the option to participate in the employee benefits given to other full-time City Employees until November, 2003. Permitting the City Clerk to participate in the requested plans available to other City Employees will result in an "1'1',u.Jmate increase of $14,980 in cost to the City annually. I Yearly Compensation Costs for Clerk I Salary I Social Security 1 Medicare I Worker's Compensation I Group Term Life I Comprehensive Medical Benefits I Dental Plan I Employee Assistance Program I Retirement Plan, CCOERA I Tuition Assistance I Employee Recreation Program Benefit Potential Cost for Added Benefits Equiv. 20 hr/wk $29,000 $1,798 $420 $90 $12 $5,639 $381 $29 $1,160 $2,000 $350 $9.571 ALTERNATIVES CONSIDERED: Equiv. 40 hr/wk I $29,000 I $1,798 I $4201 $90 I $121 $11,278 I $7621 $58 I $2,320 I $200 I $350 I $14,980 I Grant to the Office of the City Clerk paid benefits equivalent to half-time, 20 hr/wk employees. FINANCIAL IMPACT: Allowing the City Clerk to participate in the City employee benefits listed will result in an approximate annual cost increase to the City of$14,980. RECOMMENDED MOTION: "I move to "1'1" u ve Council Bill 17 - 2007 : An Ordinance prescribing Compensation for the Office of City Clerk for terms commencing on and after the November 6, 2007 regular municipal election on second reading, and that it take effect fifteen days after fmal publication." or, "I move to table indefmitely Council Bill 17 - 2007: An Ordinance prescribing Compensation for the Office of City Clerk for terms commencing on and after the November 6, 2007 regular municipal election for the following reasons: " Attachments: 1. Council Bill 17-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 17-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY CLERK WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of City Clerk for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Citv Clerk Comoensation. For terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation of the City Clerk shall be as follows: a. Salarv: $29,000 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to Full-time city employees: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. 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 fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on this 13th day of August, 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 August 27th, 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 August, 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: August 17, 2007 Second Publication: Wheat Ridge Transcript Effective Date: 2 E) ~ ~ ~ " - ~ u ~ CbLOR/>.QO ITEM NO: Ltl REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 TITLE: COUNCIL BILL 18-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF TREASURER. [8] PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: Ammst 13. 2007) [8] ORDINANCES FOR 2ND READING Quasi-Judicial: D [8] Yes No ~ . -7!"? /... ..f.-....'" C..../(,;/'" -f" City Attorney City Clerk EXECUTIVE SUMMARY: Until the 1997, the City of Wheat Ridge granted the Treasurer the same Employee Benefits package as other full-time employees of the City. The attached Ordinance grants to the Treasurer, following the election of November 6th, 2007, the following benefit programs available to other City Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Wheat Ridge Treasurer had the option to participate in the employee benefits given to other full-time City Employees until 1997. Permitting the Treasurer to participate in the requested plans available to other full-time City Employees will result in an approximate increase of $ in cost to the City annually. Yearlv Comnensation Costs for Treasnrer Salary Social Security Medicare Worker's Compensation Group Term Life Comprehensive Medical Benefits Dental Plan Employee Assistance Program Retirement Plan, CCOERA Tuition Assistance Employee Recreation Program Benefit Potential Cost for Added Benefits Equiv. 20 hr/wk $29,000 $1,798 $420 $90 $12 $5,639 $381 I $29 I $1,160 i $2,000 I $350 I $9,571 I ALTERNATIVES CONSIDERED: Equiv. 40 hr/wk $29,000 $1,798 $420 $90 I $12 I $11,278 I $762 I $58 I $2,320 I $200 I $350 I $14.980 I Grant to the Office of the Treasurer paid benefits equivalent to half-time, or 20 hr/wk employees;. FINANCIAL IMPACT: Allowing the Treasurer to participate in the City employee benefits listed will result in an approximate annual cost increase to the City of $14,980. RECOMMENDED MOTION: "I move to approve Council Bill 18-2007 : An Ordinance prescribing Compensation for the Office of Treasurer for terms commencing on and after the November 6, 2007 regular municipal election on second reading, and that it take effect fifteen days after fmal publication." or, "1 move to table indefinitely Council Bill 18-2007: An Ordinance prescribing Compensation for the Office of Treasurer for terms commencing on and after the November 6, 2007 regular municipal election for the following reasons: " Attachments: I. Council Bill 18-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 18-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF CITY TREASURER WHEREAS, the City Council is authorized by Charter Section 3.12 to , prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of City Treasurer for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Citv Treasurer Comoensation. For terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation of the City Treasurer shall be as follows: a. Salarv: $29,000 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to Full-time city employees: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. 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 fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on this 13th day of August, 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 August 27th, 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 August, 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: August 17, 2007 Second Publication: Wheat Ridge Transcript Effective Date: 2 ~'.H"'> ~ ", k 0 - ~ U ~ 9aLOR/>.'\>O ITEM NO: 51 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27,2007 TITLE: COUNCIL BILL 20-2007: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF MAYOR. ~ PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: AUllUst 13. 2007) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No ~ City Clerk City Attorney EXECUTIVE SUMMARY: Until 2001 , the City of Wheat Ridge granted the Mayor the option to participate in the group benefits of City employees at the full cost to the Mayor. At that time, the City's insurance vendor contract was determined to require The City to cover a portion of the cost of bene fits, at which time benefit options ceased for the office of Mayor. The attached Ordinance grants to the Mayor, following the commencement of the next elected term, the following benefit programs available to other City Employees: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The Wheat Ridge Mayor had the option to participate in employee benefits until 2001. Pennitting the Mayor to participate in the requested plans available to other full-time City Employees will result in an approximate increase of $ 13,454 in cost to the City annually. I Yearlv Comoensation for Mavor I Salary I Social Security I Medicare I Worker's Comoensation I Group Term Life I Comprehensive Medical Benefits I Dental Plan I Emplovee Assistance Program I Retirement Plan. CCOERA I Tuition Assistance I Emplovee Recreation Program Benefit I Potential Cost for Added Benefits E~uiv. 20 hr/wk $10,080 $625 $146 $31 $12 $5,639 $381 $29 $403 $2,000 $350 $8,802 ALTERNATIVES CONSIDERED: E.lluiv. 40 hr/wk $10.080 $625 $146 $31 $12 $11.278 $762 $58 $806 $2,000 $350 $13,454 Grant to the Office of the Mayor paid benefits equivalent to half-time, or 20 hr/wk employees; FINANCIAL IMPACT: Allowing the Mayor to participate in the City employee benefits listed will result in an approximate annual cost increase to the City of$13,454. RECOMMENDED MOTION: "I move to approve Council Bi1120-2007 : An Ordinance prescribing Compensation for the Office of Mayor for terms commencing on and after the November 3,2009 regular municipal election on second reading, and that it take effect fifteen days after final publication." or, "I move to table indefinitely Council Bi1120-2007: An Ordinance prescribing Compensation for the Office of Mayor for terms commencing on and after the November 3, 2009 regular municipal election for the following reasons: Attachments: 1. Council Bi1120-2007 " CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 20-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF MAYOR WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of Mayor for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Mavor Comoensation. For terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation of the Mayor shall be as follows: a. Salarv: $10,080 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to Full-time city employees: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program. 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 fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 4 to 3 on this 13'h day of August, 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 August 27'h, 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 August, 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: August 17, 2007 Second Publication: Wheat Ridge Transcript Effective Date: 2 ITEM NO: ----f; , REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27, 2007 TITLE: COUNCIL BILL 21-2007: AN ORDINANCE PRESCRIBING COMPENSATION FORItlE OFFICE OF CITY COUNCIL o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS !:8l ORDINANCES FOR I ST READING (Date: AUlmst 27. 2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes !:8l No ~ City Clerk City Attorney EXECUTIVE SUMMARY: Until 200 I, the City of Wheat Ridge granted Council Members the option to participate in the group benefits of City employees at the full cost to the Council Member. At that time, the City's insurance vendor contract was determined to require the City to cover a portion of the cost of benefits, at which time benefit options ceased for the office of City Council. At the August 13, 2007 Council Meeting, the Council defeated a proposed ordinance that granted Council Members the benefits afforded employees at the full- time benefit level. The attached Ordinance grants to members of Council, following the commencement of the next elected term, the following benefit programs available to other Part-time City Employees who work 20 hours per week: Health, Dental and Vision Insurance, group term life insurance; employee assistance plan, retirement plan; employee recreation program benefit; and tuition assistance program and Other Optional Programs. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Council Members had the option to participate in employee group benefits until 200 I, at the full cost to the Council Member. Permitting Council Members to participate in the requested plans at the level of other part-time City Employees who work 20 hours weekly will result in an approximate increase of $8,699 in cost to the City annually. I Yearly Compensation Costs for Council I Salary I Social Security I Medicare I Worker's Compensation I Group Term Life Comprehensive Medical Benefits Dental Plan Employee Assistance Program I Retirement Plan, CCOERA I Tuition Assistance I Employee Recreation Program Benefit I Potential Cost for Added Benefits EQuiv. 20 hr/wk $7,200 $446 $104 $22 $12 I $5,639 I $381 I $29 I $288 I $2,000 I $350 I $8,699 I ALTERNATIVES CONSIDERED: EQuiv. 40 hr/wk I $7,200 I $446 I $104 $22 $12 $1l,278 I $762 I $58 I $576 I $200 I $350 I $13,236 I Grant to the Office of the City Council paid benefits equivalent to full-time, or 40 hr/wk employees. FINANCIAL IMPACT: Allowing the Council Members to participate in the City employee benefits listed will result in an approximate annual cost increase to the City of$8,699. RECOMMENDED MOTION: "I move to approve Council Bill 21-2007: An Ordinance prescribing Compensation for the Office of Council Member for terms commencing on and after the November 6, 2007 regular municipal election on first reading, order it published, public hearing set for Monday, September 10, 2007 at 7 :OOpm in City Council Chambers, and that it take effect fifteen days after final publication." or, "I move to table indefmitely Council Bill 21-2007 : An Ordinance prescribing Compensation for the Office of Council Member for terms commencing on and after the November 6, 2007 regular municipal election for the following reason(s) " Attachments: 1. Council Bill 21-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 21-2007 Ordinance No. Series of 2007 TITLE: AN ORDINANCE PRESCRIBING COMPENSATION FOR THE OFFICE OF COUNCILMEMBER WHEREAS, the City Council is authorized by Charter Section 3.12 to prescribe compensation for elected officials by ordinance; and WHEREAS, no such ordinance may increase or decrease such compensation with respect to a current term of office; and WHEREAS, the Council wishes to prescribe compensation for the office of Council member for terms of office commencing on and after the November 6, 2007 regular municipal election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Councilmember Comoensation. For terms of office commencing on and after the November 6, 2007 regular municipal election, the compensation for the office of Councilmember shall be as follows: a. Salarv: $7,200 per year. b. Benefits: The following benefits shall be provided, to the extent and at the levels granted to part-time city employees who work 20 hours per week: health, dental and vision insurance; group term life insurance; employee assistance plan; retirement plan; employee recreation program; tuition assistance program and other Optional Employee Programs. 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 fifteen days after final publication, as provided by Section 5.11 of the Charter. GED\53027\441422.02 ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this _day of August, 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 September _,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 September, 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: 2 ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27, 2007 TITLE: COUNCIL BILL 22-2007: AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY'lH~ STATE DEPARTMENT OF REVENUE TO DETERMINE ni~ JURISDICTIONS TO wmCH TAX IS OWED D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date: AUlffist 27. 2007) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes D~JiJy~, ~~~ary Cavarra, City T~lJasurer ~ No City~~ EXECUTIVE SUMMARY: An ordinance that will hold harmless those retailers who fail to remit sales tax to the City of Wheat Ridge and who subscribe to the address locator electronic database certified by the State of Colorado Department of Revenue. COMMISSION/BOARD RECOMMENDATION: Approved by the Investment Advisory Committee. STATEMENT OF THE ISSUES: Various large retailers have lobbied the State Legislature to change the sales tax code to a uniform rate because they say that it is too difficult to determine municipal boundaries and the appropriate tax rate. CML has strongly opposed legislation that would interfere with municipalities' abilities to set their own rates. As a compromise, CML has been promoting the "Address Locator Project" based on the latest GIS technology and developed by the State. TIris ordinance will hold harmless those retailers who subscribe to the address locator database if they fail to remit tax to the correct city. This assumes that the database is correct, and City IT staffhas verified the database through a process of testing lists provided by the firm that developed the database. The system is based on street addresses. The accuracy going forward will create an obligation of the City staff to be sure to notifY the vendor of new addresses as they are assigned in the Cabela's area. Passage of this ordinance will reduce the scope of the audits of subscribing entities and allow the auditors to focus on other areas. For more detail, the CML memo of February 9,2007 is attached. ALTERNATIVES CONSIDERED: Do not pass the Ordinance and audit retailers to determine if the City is receiving all taxes due. FINANCIAL IMPACT: No identifiable impact. When audits were conducted, the City was found to be receiving less than its amount due as retailers tend to pay taxes to the entity where the store is located. RECOMMENDED MOTION: "I move to approve Council Bill 22-2007: An Ordinance Amending Chapter 22, Division 2 Concerning Sales Tax, of the Wheat Ridge Code of Laws to Authorize Retailers to Use an Electronic Database Certified by the State Deparhnent of Revenue to Determine the Jurisdictions to Which Tax is Owed on first reading, order it published, public hearing set for Monday, September 10,2007 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill 22-2007: An Ordinance Amending Chapter 22, Division 2 Concerning Sales Tax, of the Wheat Ridge Code of Laws to Authorize Retailers to Use an Electronic Database Certified by the State Department of Revenue to Determine the Jurisdictions to Which Tax is Owed for the following reason(s) " Report Prepared by: Reviewed by: Mary Cavarra, City Treasurer Randy Young, City Manager Attachments: 1. Proposed Ordinance 2. Memo of2/9/2007 from GeoffWilson, CML 070827 Request for City Council Action-report Hold Harmless (2).doc CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 22, DIVISION 2 CONCERNING SALES TAX, OF THE WHEAT RIDGE CODE OF LAWS TO AUTHORIZE RETAILERS TO USE AN ELECTRONIC DATABASE CERTIFIED BY THE STATE DEPARTMENT OF REVENUE TO DETERMINE THE JURISDICTIONS TO WHICH TAX IS OWED WHEREAS, pursuant to the Wheat Ridge Code of Laws ("Code") Section 22-49, the treasurer is directed to and has cooperated with and participated with the statewide sales and use tax committee convened by the Colorado Municipal League, composed of state and municipal sales and use tax officials and business officials; and WHEREAS, such committee was formed to meet for the purpose of discussing and implementing a plan to simplify the sales tax matters, such as collection oftaxes, among Colorado home rule municipalities; and WHEREAS, it is recognized that retailers collecting sales tax in Colorado have historically faced problems when sales tax is remitted to the incorrect municipality and such errors have had the effect of many retailers paying twice the amount of sales tax owed and municipalities spending time and resources to collect the correct taxes owed; and WHEREAS, the City Council ("Council") of the City of Wheat Ridge ("City") recognizes the benefit that the presence of retailers and the collection of sales tax brings to the City; and WHEREAS, the Council recognizes that seeking resolution to sales and use tax collection problems which routinely plague Colorado home rule municipalities in general, and specifically the City will benefit both retailers and the City; and WHEREAS, the Colorado Municipal League has recommended the adoption of the following ordinance in an effort to simplify the sales tax collection process, the substance of which being that retailers shall be held harmless if they fail to remit tax to the correct municipality, based solely on an error in a state-certified address locator database; and ATTACHMENT 1 WHEREAS, the Council believes it to be in the best interest of the City to adopt the recommended ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following Section 22-59 is hereby enacted and inserted as a new section to Chapter 22, Division 2 of the Wheat Ridge Code of Laws: Sec. 22-59. Remittance of tax; electronic database; retailer held harmless. (a) Any retailer that collects and remits sales tax to the city as provided in this Division may use an electronic database of state addresses that is certified by the state department of revenue pursuant to ~ 39-26-105.3, C.R.S., to determine the jurisdictions to which tax is owed. (b) Any retailer that uses the data contained in an electronic database certified by the state department of revenue pursuant to ~ 39-26-105.3, C.R.S., to determine the jurisdictions to which tax is owed shall be held harmless for any tax, penalty, or interest owed the city that otherwise would be due solely as a result of an error in the electronic database, provided that the retailer demonstrate that the retailer used the most current information available in such electronic database on the date that the sale occurred. Each retailer shall keep and preserve such records as prescribed by the manager of revenue to demonstrate that the retailer used the most current information available in the electronic database on the date that the sale occurred. Notwithstanding the above, if the error in collecting and remitting is a result of a deceptive representation, a false representation, or fraud, the provisions of this section shall not apply. 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 fifteen (15) 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 final 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: " CML .. '. l"'II"I:f!IIJI.L"IlII~II"I"'l..oj:t',hlj:ll 1144 Shennan Street. Denver, Colorado 80203-2207. Phone (303)831-6411, Fax (303)860-8175 . cml(a)cmLor~ MEMORANDUM TO: CML Sales Tax Committee FROM: Geoff Wilson, General Counsel " SUBJECT: February 23 Meeting of the Committee . \. - \~. ~ ' \ -: . " '::-i. DATE: February 9, 2007 I !.:,' ;... ,( '. I'~ ~ ~ , . c' Greetings and Happy New Year! As previously announced, the Committee will be meeting at the League's offices b ....:.._:..g at 2:00 p.m. on the afternoon of Friday, February 23. The main focus of this meeting will be the launch of the last phase of the "Address Locator Project." Tms has been a multi-year project that has involved numerous members of this Committee, the State Department of Revenue, and ,,,"p,,,.entatives of the business community. The past years have seen countless meetings, approval by the legislature of a bill as part of this project, adoption by the Department of Revenue of comprehensive regulations relating to the certification of address locator database providers and "PP'V lal by the Denver City Council of an address locator "hold hannless" ordinance, wmch will serve as a model for other home rule municipalities. In ilie last phase of this project, we will be working with all home rule municipalities that locally collect their sales tax to secure adoption of a "hold hannless" ordinance. These ordinances culminate a project that this Committee, as well as the CML Executive Board, have unanimously endorsed as a "win-win" proposition for business and municipalities alike. Adoption of these ordinances also demonstrates, in a very substantial way, the willingness of Colorado municipalities and the Municipal League to work with the business community on meaningful tax simplification. The purposes and mstory of the address locator project are more fully described in the attached memorandum. I urge you to review the attached memo carefidly prior to our meeting on February 23. As a prelude to adoption of their own hold hannless ordinances, many municipalities wish to check a number of local addresses against the databases to confirm the database accuracy. We have received various questions about just how best to submit addresses to the certified database providers, so that will be a focus of our meeting on the 23'd. A representative of Group I Software will be in attendance at the meeting and we are working on getting someone from Proxix Solutions, Inc., to attend as well. These representatives will be describing how to submit addresses and answering your questions. Municipal representatives who have already been through this process will also be in attendance to share their experiences. I look forward to seeing all of you on Friday, February 23. Attachment ATTACHMENT 2 CML 1"""1:f!1In.WJlI~II"I~'1..:t'ltlll:a 1144 Sherman Street. Denver, Colorado 80203-2207. Phone (303)831-6411, Fax (303)860-8175 . fmlliilcml.on:! MEMORANDUM TO: Sales Tax Committee Representatives for home rule municipalities that locally collect their sales tax FROM: GeoffWilson, General Counsel SUBJECT: Request for Adoption of Model Address Locator/"Hold-harmless" Ordinance DATE: February 9, 2007 By this memorandum, we respectjidly urge your municipality to adopt a sales and use tax address locatorl"hold-harmless" ordinance similar to the enclosed ordinance, which was adopted by Denver earlier this year. Introduction Adoption of these ordinances by home rule municipalities that locally collect their sales tax will be the culmination of a multi-year tax simplification effort involving CML, the business community and the CML Sales Tax Committee (which includes a member representing each locally collecting home rule municipality). The "Address Locator Project" is described below. The project has been unanimously endorsed by CML's Executive Board and the CML Sales Tax Simplification Committee. In a nutshell, these ordinances will hold retailers hannless if they fail to remit tax to the correct municipality, based solely on an error in a state-certified address locator database. The ordinances thus encourage use of these databases, which tell retallers with great accuracy in which municipality they are making a sale or, more often, a delivery. Presently, retailers are often unaware of where, exactly, a delivery address is located, and tax is often remitted to the wrong municipality. Municipal tax officials have viewed use of address locator databases as a "win-win" proposition for municipalities and business owners alike. Business owners remit properly in the first place and avoid unpleasant news at audit time. Municipalities receive the correct tax right away, and are able to avoid forcing an unwitting retailer to remit a second time, or squabbling with another municipality over who is entitled to the money. Plus, this is important tax simplification that doesn't hurt municipalities and can be adopted without a TABOR election. Colorado's Home Rule Municipal Tax System: Critical, but Complicated As you are no doubt aware, Colorado municipalities, compared to municipalities in other states, are quite dependant upon the sales tax. On average, Colorado municipalities derive nearly 73 percent of their general purpose tax revenues from the sales tax. By comparison, municipalities in other states derive over 51 percent of their general purpose tax revenues from the property tax, and only 28 percent from sales and use taxes. Colorado 4as a fairly unusual sales tax system, in that home rule municipalities are permitted to locally collect their sales taxes, as well as locally control their tax base and tax rate (statutory municipalities in Colorado are permitted to set their own tax rate, and have limited discretion with respect to certain tax base elements). 1bis tax structure reflects Colorado's traditional philosophy of "local control," in which local governments provide a far greater share of services than do municipalities in many states, and our revenue raising authority corresponds with this responsibility. On the other hand, although it acts as an extremely effective revenue raising mechanism for Colorado municipalities, for retailers, Colorado's municipal tax system is widely regarded as one of the most complex in the country. This complexity is particularly apparent for vendors that operate in multiple jurisdictions, either because they have multiple fixed retail locations, or because they make deliveries into multiple jurisdictions. These vendors are generally required to obtain a license from and periodically remit tax directly to each jurisdiction in which they do business. Each of these jurisdictions may have its own tax rate and vendors may be affected by variations between jurisdictions in tax base (often due to varying tax exemptions or varying administrative in~~, l-"""~tions of ordinance language). Multi-jurisdictional vendors must also be careful to correctly detennine in which jurisdiction they are making a delivery; if they fail to remit to the correct jurisdiction, they may be subject to later assessment (this is where the address locator databases can help - more on that later). Additionally, vendors are subject to audit by each of the Colorado home rule, locally collecting municipalities in which they do business. This makes the Colorado system different from the municipal sales tax systems of most other states. In most states, (as is the case with statutory jurisdictions here in Colorado) the municipal sales tax is state-collected, using the state tax base, and "shared back" with the municipalities. Like Colorado, many of these states permit local tax rate variation among state-collected jurisdictions. Colorado retailers often complain about all of the various local requirements with which they must contend, particularly in comparison with the tax systems in other states. Being Proactive on Reasonable Tax Simplification All of this puts Colorado municipalities in a delicate position. On the one hand, the sales tax is our main revenue stream and we will fight, and have fonght vigorously over the years, to protect the critical aspects of our home rule authority associated with it. On the other hand, retailers are our principal partner in collecting this tax, as it is levied on the customer, not the retailer. Most thoughtful municipal officials acknowledge that we have a complicated tax system here in Colorado, and agree that there's no reason that this system should be any more complicated than it needs to be. We can defend essential complexity in the tax system; what we cannot defend is unnecessary complexity, or an unwillingness to discuss potential solutions. Failure to address reasonable tax simplification proposals is what coalitions in favor of eviscerating our tax authority are formed around. The League's philosophy over the years has thus been to actively support sales tax simplification, so long as this can be done without jeopardizing the viability of the sales tax as our principal revenue raising device. The eML Sales Tax Simplification Committee is the principal forum in which home rule locally collecting municipalities discuss sales tax simplification initiatives among themselves. We have to agree among ourselves on any tax simplification measures that we decide to pursue. Fortunately, 2 -. -. the General Assembly is constitutionally precluded from telling us how to run our tax systems; over the years, we have had many occasions to be thankful for this fact. As described below, the address locator project is the product of several years of work involving the Sales Tax Simplification Committee, Cel, The Colorado Department of Revenue (DOR) and the business community. Background on the Address Locator Project Under Colorado's "point of use" tax system, multi-jurisdictional vendors are required to collect tax on behalf of the jurisdictions in which they do business, either at fixed locations or where they make deliveries. A long-standing complaint of the business community, particularly in areas where jurisdictional boundaries are changing or where taxing jurisdictions abut one another, is that vendors find it exceedingly difficult to determine precisely in which taxing jurisdiction their delivery is made. All sorts of problems result. Vendors remit to the wrong jurisdiction. The vendor is later assessed following an audit and then finds that she is unable to secure a refund, the refund period having elapsed. So (in the hard case) a vendor who in good faith tried to do the right thing ends up "paying twice." Meanwhile, the municipalities involved bicker over who should get the money. Informal discussions with municipal tax professionals and other interested parties (public and private) beginning in 2003 revealed a broad consensus that this was a significant complexity for the business community that we could do something about. Furthermore, unlike many other tax simplification proposals, a solution to this problem could be implemented without a TABOR election and without municipalities sacrificing tax revenue. Indeed, municipalities would benefit from receiving proper remittance in the first instance, thereby being able to avoid forcing vendors to "pay twice" or having to attempt to recover the money from the municipality that wrongfully received it. Since 2003, several members of the CML Sales Tax Committee, Colorado Counties, Inc., DOR and representatives of the business community (including the Colorado Association of Commerce and Industry, the Colorado Retail Council, Qwest, Xcel Energy and American Furniture Warehouse), have been working to encourage use of "address locator" databases by multi-jurisdictional vendors. These databases would be certified by DOR as achieving a high degree of accuracy. Vendors relying on a certified database would then be "held harmless" in an audit, if they remitted to the wrong jurisdiction solely due to an error in the address locator database. The address locator project has been unanimously endorsed by the CML Sales Tax Committee and CML's Executive Board. During its 2004 session, the General Assembly "l'l'W ~ed HB 04-1237, which put this structure in place at the state level. The legislation directed the Department of Revenue to develop regulations for review and certification of address locator databases and provides that vendors utilizing a state certified database would be held harmless as to state collected sales and use taxes (including those levied by statutory municipalities). During the interim between the 2004 and 2005 sessions of the General Assembly, League staff and members of the Sales Tax Committee worked closely with DOR on the database certification regulations. The working group agreed that it was not practical for the state certification process to conduct individual field trials of each address locator database in each sales taxing jurisdiction in Colorado. Consequently, our focus was to develop a certification process that tested database accuracy on a sample of addresses that would provide an overall level of confidence to tax administrators and their elected officials. A priority of municipal representatives in the state ruIemaking was assuring that, in addition to the state's certification process, affected local governments could directly check addresses within their 3 jurisdiction against a database. The rules make it a condition of certification that local governments be : afforded this opportunity, and further require that the database provider promptly make corrections to its database as to any errors discovered. Indeed, the final regulations provide that addresses may be tested against the database either individually or in batches. The Next Phase: Municipal Ordinance Adoption HB 04-1237 was the first phase of a two-step process. In the second phase, similar "hold harmless" protection will be provided by home rule municipalities that locally collect their sales taxes, for vendors that utilize state certified address locator databases. It has been well understood that, for this to occur, each home rule, locally collecting municipality will need to adopt an ordinance enacting the "hold hannless" provision. Denver is the state's largest locally collecting home rule municipality, and like most other Colorado home rule municipalities, it is heavily dependant upon sales tax revenues. Not surprisingly, therefore, Denver has developed a reputation over the years of having its legal staff and its revenue managers very highly focused on sales tax matters. For these reasons, we decided to work with Denver's attorneys and tax professionals on a hold-harmless ordinance for Denver that could then serve as a model for other home rule municipalities. The Denver City Council adopted the enclosed ordinance on March 20, 2006, and it was signed by the Mayor on March 21,2006. The next step in the address locator project will be to secure adoption of ordinances functionally identical to the Denver ordinance in home rule, locally collecting municipalities. We would prefer that municipalities adopt an ordinance as close to the Denver model as possible; however, I do want to highlight one aspect of the Denver ordinance that you may, or may not, wish to include. Denver chose to include an automatic repealer in its ordinance, which requires the council to revisit the address locator issue in 2008 and readopt the ordinance. This is fine; however, another approach would be to simply leave the automatic repealer out of your ordinance. We have every confidence that this program will work out just fme, and be a "win-win" for all concerned. If, for whatever reason, your municipality ever wishes to stop participating in this program, your municipality can simply repeal its ordinance. Your municipality's representative on the Sales Tax Committee will be the principal point of contact within your municipality for information concerning this project. Of course, please feel free to call me at the League or one of the following individuals for information concerning the operation of this ordinance. . Laura Fisher, Revenue Officer, City of Boulder and Chair, CML Sales Tax Simplification Committee: 303.441.4017 . Robin Peterson, Manager, Tax and Licensing, Aurora, 303.739.7341. . Lori Burns, Revenue Manager, City of Lake wood, 303.987.7631. How the Address LocatorlHold-harmless Ordinance will Affect your Municipality While incentivizing retailers to use address-locator databases and thus dramatically increasing the likelihood that tax will be properly remitted to your municipality, the revenue loss possibility, due to the hold-harmless provision, is small. 4 To illustrate, in order for a retailer to be held harmless for tax owed to your municipality under this ordinance, all of the following must occur: (a) Vendor makes a delivery into your municipality. (b) Vendor uses a state certified database to locate the delivery address. (c ) There is an error in the database. (d) Vendor fails to remit tax to your municipality solely because of the error in the database. (e) Your municipality selects this vendor for an audit. (f) Vendor is able to prove reliance on the version of the database current at the time of delivery. (g) Result: Vendor is held harmless only for the tax owed on the particular transaction affected by the error. For example, on a $2500.00 couch, a 3 percent local tax would mean $75.00 in lost tax revenue to your municipality. lbis combination of circumstances is unlikely to occur with any regularity. In the first place, the databases certified by the State Department of Revenue are quite accurate. The Department of Revenue's database certification rules require that the databases achieve a 95 percent accuracy rate against the test sample; the accuracy ofthese databases is further borne out in tests run by Denver and other municipalities. Furthermore, municipal tax professionals have the opportunity check addresses within their jurisdiction against the databases for accuracy. lbis enables municipalities to assure that particularly important "high tax" addresses (e.g., construction sites or newly annexed areas) are properly coded in the databases, to guard against potential loss ofrevenue. Both the database providers and municipalities have a mutual interest in the accuracy of these databases; it is expected that, over time, cooperation between database providers and municipal officials will only enhance the already high degree of accuracy in these databases. Attachments In this packet you will find the following materials: . A copy of the recently adopted City and County of Denver address locator/"hold-harmless" ordinance, to serve as a model for your jurisdiction. . A list of the members ofthe CML Sales Tax Simplification Committee. 5 " . . 1 2 3 4 5 6 7 8 9 10 11 12 13 BY AUTHORITY ;93 COUNCIL BILL NO. / 6S- COMMITTEE OF REFERENCE: ORDINANCE NO. SERIES OF 2006 Finance ABILL For an ordinance amending the City Retail Sales Tax Article, Article II, Chapter 53 of the Revised Municipal Code to authorize retailers to use an electronic database certified by the state department of revenue to determine the jurisdictions to which tax is owed. NOW BE IT ENACTED BY THE COUNCIL OF THE CITY AND COUNTY OF DENVER: Section 1. Section 53-27.1 is enacted to read as follows: Sec. 53-27.1. Remittance of tax - electronic database - retailer held 14 harmless. 15 (a) Any retailer that collects and remits sales tax to the manager of revenue as 16 provided in this article may use an electronic database of state addresses that is 17 certified by the state department of revenue pursuant to s 39-26-105.3. C.R.S., to 18 determine the jurisdictions to which tax is owed. 19 (b) Any retailer that uses the data contained in an electronic database certified 20 by the state department of revenue pursuant to s 39-26-105.3, C.R.S., to determine the 21 jurisdictions to which tax is owed shall be held harmless for any tax, penalty, or interest 22 owed the city that otherwise would be due solely as a result of an error in the electronic 23 database, provided that the retailer demonstrate that it used the most current 24 information available in such electronic database on the date that the sale occurred. 25 Each retailer shall keep and preserve such records as prescribed by the manager of 26 revenue to demonstrate that it used the most current information available in the 27 electronic database on the date that the sale occurred. Notwithstanding the above, if ., '. 1 the error in collecting and remitting is a result of a deceptive representation, a false 2 representation, or fraud, the provisions of this section shall not apply. 3 (c) This section shall terminate on July 1, 2008. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 COMMITTEE APPROVAL DATE: March 1,2006 MAYOR-COUNCIL DATE: March 7, 2006 PASSED BY THE COM~ ~,ur;/'';::>11 .. f;:r::!. .. PRESIDENT I 'A A R . 3 21 -o~ ", z: - CLERKAND RECORDER, EX-OFFICIO CLERK OF THE CITY AND COUNTY OF DENVER NOTICE P BLlSHED IN THE DAILY JOURN:Jn() r. J IJ--i- 20~P r. 'J,~006 PREPARED BY: Charles Solomon, Assistant City Attorney 3/9/06 Pursuant to section 13-12, DR.M.C., this proposed ordinance has been reviewed by the office of the City Attorney. We find no irregularity as to form, and have no legal objection to the proposed ordinance. The proposed ordinance is not submitted to the City Council for approval pursuant to S 3.2.6 of the Charter. 2006 2006 Cole Finegan, City Attorney By:9~~ , ^<,.<.,.\-cityAttorney .}..).} ':, ;', ..... ~ ..--.--~. .. ' V... ,-...Jr'p;//;O J:':i:'/~~ - ~:::-.::..~! ;.~ ~ .~ ,. ~~ .~' ," ....~. ,{..... .- l~~..' .. '-.:...~ '" ~ . ....:;;.,... ~l. I,...) ~ ~ I - ~.~. I t .V',~ . I'. , -. fi.' t~ /....-....., I \_ r:~ ./....~ ~ ".... fl' ......... I.... -II ~-, " . ."'\ I 1--' . ....... ~~- ~ ~.~ \\. "':~"~./. . ITEM NO: &- REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27, 2007 TITLE: COUNCIL BILL 23-2007: AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCmSE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCmSE APPLICATION SUBl\UIIED PURSUANT TO SECTION 76.41 OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS i:8J ORDINANCES FOR 1ST READING (Date: August 27,2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes i:8J No City~~ City Attorney EXECUTIVE SUMMARY: This ordinance amends the requirements for competitive cable franchise applications to correct a numbering error in Section 23-2.B of the Wheat Ridge Code of Laws titled "Instructions and Definitions." STATEMENT OF THE ISSUES: The Council has previously adopted Ordinance No. 1393, codified at Article 2 of Chapter 23 of the Wheat Ridge Code of Laws (the "Code"), providing requirements for applications for competitive cable franchises, consistent with the federal requirements. The City's special counsel for this matter has discovered a numbering error in the model ordinance (upon which the City's ordinance is based) that leaves doubt regarding the applicable submission requirements for a valid franchise application. The attached ordinance corrects this error. COMMISSION/BOARD RECOMMENDATION: N/A AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Council Bill 23-2007: An Ordinance Amending the Requirements for 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 first reading, order it published, public hearing set for Monday, September 10,2007 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill 23-2007: An Ordinance Amending the Requirements for 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: Gerald Dahl, City Attorney (303) 493-6670 Reviewed by: Heather Geyer, Assistant to the City Manager Attachments: I. August 22, 2007 Staff Memorandum 2. Council Bill 23-2007 City of Wheat Ridge Administrative Services Department Memorandum TO: The Honorable Mayor and Members of City Council THROUGH: Randy Young, City Manager Patrick Goff, Deputy City Manager FROM: Heather Geyer, Assistant to the City Manager/PIO DATE: August 22, 2007 SUBJECT: Ordinance Amending the Requirements for Adopting a Competitive Cable Franchise Application In August, the City received notification by Ken F ellman, Attorney for the Greater Metro Telecommunications Consortium (GMTC) that there was a numbering error in the model ordinance which the City of Wheat Ridge used for the adoption of Ordinance No. 1393, Competitive Cable Franchise Application, adopted in June 2007. In order to make the necessary change to the ordinance, City Attorney Gerald Dahl, has drafted the appwp,;ate amendment which will amend the language of the existing ordi.nance so that all the submission requirements are clearly required for a valid application. Please let me know if you have any questions regarding this amendment. /hmg Attachments: A. Request for City Council Action from Jerry Dahl, City Attorney B. Proposed Ordinance Amendment AITACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 23 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING THE REQUIREMENTS FOR ADOPTING A COMPETITIVE CABLE FRANCHISE APPLICATION, REVIEW AND EVALUATION PROCESS IN CONNECTION WITH ANY FRANCHISE APPLICATION SUBMITTED PURSUANT TO 976.41 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 City has adopted Ordinance No. 1393, codified at Article 2 of Chapter 23 of the Wheat Ridge Code of Laws (the "Code"), providing requirements for applications for competitive cable franchises, consistent with the CFAR; and WHEREAS, a numbering error has been found in Section 1 of the Ordinance, codified at Section 23-2.B of the code of Laws, which leaves doubt regarding the applicable submission requirements for a valid franchise application; and WHEREAS, this ordinance is needed to correct the error. NOW THEREFORE BE IT ORDAINED BY-THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Section 23-2, titled "Instructions and Definitions," subsection B, is amended to read in its entirety as follows: B. The City shall accept and review only those applications that include complete responses to every requirement of Code Sections 23-2 through 23-7, inclusive. Submission of an application that does not include the requisite information set forth in Code Sections 23-2 through 23-7, inclusive and the application fee shall not commence the time period for granting or denying the application set forth in 47 C.F.R. 976.41 (d). The Applicant shall submit additional ATTACHMENT 2 or updated information as necessary to ensure the requisite information provided is complete and accurate throughout the City's review of the application. Section 2. Severabilitv: Conflictino 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 fifteen (15) 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 27'h day of August, 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 September 10, 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: 3 ITEM NO: q. REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 27, 2007 TITLE: RESOLUTION 33-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT ItlE APPROVAL OF ' A SUPPLEMENTAL BUDGET APPROPRIATION FOR A LOAN TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR THE PURCHASE OF PROPERTY LOCATED AT 7540 W. 44TH AVENUE IN THE AMOUNT OF $1.5 MILLION D PUBLIC HEARING D BIDS/MOTIONS [gJ RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D i)~n;I, Deputy City Manager , [gJ No City~~ EXECUTIVE SUMMARY:. The City of Wheat Ridge Mayor and City Council, Wheat Ridge 2020 (WR2020), and the Wheat Ridge Urban Renewal Authority (WRURA) are working together to assemble property at the southeast comer of 44th A venue and Wadsworth Boulevard for a future public/private redevelopment venture. Wheat Ridge 2020 has obtained options to purchase two properties located at 7340 W. 44th Avenue and 7540 W. 44th Avenue. The options for both properties expire on December 31, 2007 and WR2020 has first right of refusal to purchase the properties. The owner of the property located at 7540 W. 44th Avenue (the "Vem's Property") has received an offer from an outside developer to purchase the property. WR2020 will have 30 days from the date it receives official notice from the property owner, regarding potential sale of the property, to act on its option to purchase the property for $1.5 million. COMMISSION/BOARD RECOMMENDATION: WR2020 and the WRURA have both been briefed on this project and are in support of moving forward with the assemblage of property at the southeast comer of 44th Avenue and Wadsworth Boulevard for a public/private redevelopment venture. ST~.T..EMENr OF THE ISSUES: The City, WR2020 and the WRURA have been investigating financing options and redevelopment opportunities for the southeast comer of Wadsworth Boulevard and 44th Avenue for a future public/private venture. WR2020 has obtained options to acquire the property located at 7340 W. 44th Avenue and 7540 W. 44th Avenue which are both within this redevelopment area. An outside developer has made an offer to purchase the property located at 7540 W. 44th Avenue which will require WR2020 to act on its option to purchase the property for $ 1.5 million within 30 days from the date it receives official notice from the property owner. To date, financing has not been obtained to purchase the property within this timeframe. It is advantageous for the City, WR2020 and the WR URA to assemble as many properties as possible in this development area in order to control the future development of this site. Therefore, a loan from the City to allow the WRURA to purchase the property under its ownership for a future redevelopment partnership with WR2020 is crucial to the success of this project. The loan will only be processed if the WRURA cannot obtain outside financing in the time required. If the loan is processed, the WRURA will reimburse the City in the full amount of $1.5 million within 30 days of obtaining financing from an outside lender. ALTERNATIVES CONSIDERED: Do not approve the loan and require the WRURA to find outside financing. FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $1.5 million. The money will be allocated from General Fund undesignated fund balance to WRURA. The loan will only be processed if the WRURA is unable to obtain other financing to purchase the property located at 7540 W. 44th A venue in the time required. If the loan is processed, the WRURA will reimburse the City in the full amount of $1.5 million within 30 days of obtaining financing from an outside lender.' RECOMMENDED MOTION: "I move to approve Resolution 33-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for a Loan to the WRURA for the Purchase of Property Located at 7540 W. 44th Avenue in the Amount of$1.5 million. I further move that the loan only be processed if the Wheat Ridge Urban Renewal Authority is unable to obtain other financing to purchase the property located at 7540 W. 44th Avenue in the time required. I further move to authorize the Mayor to enter into any a loan promissory agreement with the Urban Renewal Authority regarding the property located at 7540 W. 44th Avenue." or, "I move to postpone indefinitely Resolution 33-2007 - A Resolution Amending the Fiscal Year 2007 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation for a Loan to the WRURA for the Purchase of Property Located at 7540 W. 44th Avenue in the Amount of$1.5 million for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: 1. Resolution 33-2007 2. Map of Subject Property RESOLUTION 33 Series of 2007 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND BUDGET TO REFLECT Hili APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIA nON FOR A LOAN TO Hili WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR THE PURCHASE OF PROPERTY LOCATED AT 7540 W. 44TH AVENUE IN THE AMOUNT OF $1.5 MILLION WHEREAS, the City of Wheat Ridge Mayor and City Council, Wheat Ridge 2020 and the Wheat Ridge Urban Renewal Authority (the "Parties) are working together to assemble property at the southeast comer of 44th Avenue and Wadsworth Boulevard; and WHEREAS, the Parties desire to work together for a future public/private redevelopment venture; and WHEREAS, in order to continue with this project, it may be necessary that the City of Wheat Ridge provide a loan in the amount of $1.5 Million to the Wheat Ridge Urban Renewal Authority to meet the timeline of the project, and WHEREAS, the loan will only be processed if the Wheat Ridge Urban Renewal Authority is unable to obtain other financing to purchase the property located at 7540 W. 44th Avenue in the time required, and WHEREAS, The Mayor is authorized to enter into any a loan promissory agreement with the Urban Renewal Authority regarding the property located at 7540 W. 44th Avenue. NOW THEREFORE BE IT RESOL YED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2007 Budget be amended accordingly to provide a $1.5 Million loan to the Wheat Ridge Urban Renewal Authority. DONE AND RESOLVED THIS 27th day of August, 2007. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ATTACHMENT 2 ITEM NO: _(0. REQUEST FOR CITY COUNCIL ACTION '~ COUNCIL MEETING DATE: August 27, 2007 TITLE: URBAN RENEWAL AUTHORITY ] PUBLIC HEARING ~ BIDS/MOTIONS ] RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes ~ No /H- -' n~ ,,~'~ ..~ City Clerk CityM~O-.)r-, .EXECUTIVE SUMMARY: Mayor DiTullio has appointed Tom Radigan to the District III Position on the Urban Renewal Authority, tenn ending November 2009, and is asking for Council Ratification. Mayor DiTullio has appointed Walt Pettit to the At Large Position on the Urban Renewal Authority, tenn ending November 2012, and is asking for Council Ratification. Mayor DiTullio has appointed Rick Adams to the At Large Position on the Urban Renewal Authority, tenn ending November 2012, and is asking for Council Ratification. ,COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: There will be vacancies if the appointments are not approved. ALTERNATIVES CONSIDERED: None .FlNANCIAL IMPACT: None RE(:OMMENDED MOTION: "I move to ratify the mayoral appointment of Tom Radigan to the Urban Renewal Authority, term to expire November 2009." And "I move to ratify the mayoral appointment of Walt Pettit to the Urban Renewal Authority, tenn to expire November 2012." And "I move to ratify the mayoral appointment of Rick Adams to the Urban Renewal Authority, term to expire November 2012." Or: Report Prepared by: Janice Smothers (303) 235-2815 Reviewed by: Michael Snow, City Clerk (303) 235-2823 Attachments: 1. Application - Tom Radigan 2. Application - Walt Pettit 3. Application- Rick Adams Apr 06 07 02:35p TOM RADIGAN 303-202-3610 p. I I Distributed to: Council:'t' /" PLEASE APPLY ONLY FOR ONE BOARD OR Mayor: ~ COMMISSION City Clerk: ~ City Mgr: V ~ City Treas: City Atty: (.....---- ~.1ePt Heads: ,J APPLICATION FOR APPOINTMENT TO THE: ,... .-=----~,,= - ~A k <' <>f-- h /" -.f1.E:.4 /./-;.,,;....; ~ .rl1......;:-/ss /0...> (BOARD/COMMISSION/COMMITlE~~!::-._ _. DATE: # - t::. - 0 ~ DISTRICT / / / HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: '/ VK's ,., -......-. --:I ARE YOU A REGISTERED VOTER? j'ES WHY ARE YOU SEEKING THIS APPOINTMENT? E~~7'/V;-. :;:'Et.JE~/f1E,.;7 tQN-4 ,,7iL./ZA/N.... d~ GEt':J ~;eA:f !'IniAL A/l/t'lIo.t!.C" su~tf' A.~ O"'~~Cf" ~Alfks- A;f"..&' V/ML 7D ,4,t.), ,(lIEL,,/,/>).€",V/ E"c"/Z':;'d"h 0/ w.4lL,'P'- ..... G€. ~#I"AT""'('\G=lt ,AlAS Sf) ,.,..~v t>~~.ES"~ /hIJeJloL.& 71?AT~....~ "'NCaa",,.,;.,;:, -.- /1' 7 . J!FJ:.L'IIF""/"'''NI. DO YOU HAVE EXPERIENCE IN THIS AREA?::Z- ~""J./E A/,A'r.}, /^,ALnooST E"'E#,v 'Y"Ro.l<:L)""'~R ,.4MJfiK .hv -r.#€ /'\~"--&Rr",,, A-uh -:7: .&/B/h <1k!"VEl:'$>"'L.O HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? w.,(! ..?o/lo ;4(.,;p.u;tV&- t!'omhu77;;-R /l'JEA'Jh3e.e /A~~ ;Zj" "".....70_,,; Ji E't.lr t." ~,;V:'..ir- d'"".,,.,', //f"of' /lIJ.e,.., .r.3E;e ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? NO SIGNATURE ~~."' - ..g PLEASE PRINT OR TYPE NAME: /oP:J ~...&: /&:~~/ ADDRESS: /0 f?4S' tv. 3.:2 ~AV$ tU.H'6:J/ ~~e: 6, 500]'.3 HOME PHONE: BUSINESS PHONE: "j' 0 .3 ff of' / /994::, ,<)61h1 ~ E-MAIL ADDRESS:. RhU~/r.;::;:;'..u70d1 a:;:;; t?t7frl/',Q,,,T /l/"E/ ' APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR, ATTACHMENT 1 Distributed to: Date: 'dbl/f1';1- City Cieri<: v City Treas: ~ ~4,~1d 1,1 Council: 9 Mayor: v City Mgr: v City A"cf:V"" Dept i : ,Fads: -J'LEASEAJpPl Y ONLY FOR ONE BOARD OR --_..~ '.- .~------- COMMISSION APPLICATION FOR APPOINTMENT TO THE: ()p /? L2~/ ~ r /I/';::/4.4L. Ji ~~/ T""1 . - . (BOARD/COMMISSION/COMMZ) DATE: ;(/.2 //2o~7 DISTRICT f' - <A/7~ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: t, G 't-c. 1> ARE YOU A REGISTERED VOTER? Y WHY ARE YOU SEEKING THIS APPOINTMENT? ~ fr1 ~ "M / ""'1 ;;;'V/J Lv r7 b.r.r L /,e.:- / _u~ F ;<f4Pl"tt,,/'r DOYO:HAVEEX~ERIENCEINTHISAREA?~'i - tfL /.kL &<::r7f"/lT7 HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? .:) Pd' ...hUJ(;)'J_ ~~ ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? AI . SIGNATURE J~-, If 4 yf~ PLEASE PRINT OR TYPE NAME: \. /.;4-L'7CL ADDRESS: 39.1/'1 ;:C 47Th / S 7' HOME PHONE:-1 err - 42.)- 4r 2. 4 BUSINESS PHONE: ~A&.F E-MAIL ADDRESS: \J~_I,tZTT7 r jq t!1 /-1 (A( 4),\ ..- ./. ;0"" r77 '" APPLICATION Will BE KEPT ON FilE FOR ONE YEAR ATTACHMENT 2 Dlstribut,,~ to: Date: rr. fl.9../0?- City Clerk: V City Treas: ~J J,dd Council: 8' Mayor: I City Mgr. I City l,ay: I Oept Hoads: PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO 1J1~: tfr!;a/1 ~udf I 'lfd/rl , . (BO RD/COMMISSION COMMITTEE) DATE: a:Z2,Zt;o7 DISTRICT;#: /fr ~G' HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 20~? 1i &mi;,. t ARE YOU A REGISTERED VOTER? ~ WHY ARE YOU SEEKING THIS APPOI~TMENT? ~tI7:~ ~ /1IL/I'!~; / . ./ , DO YOU HAVE EXPE~J~NCfiJN I~IS AA,EA? ~:f Ur kAt AJ1t1.1fYl f1. WttI'M ~~ 1(~ WI dMl~VYuc.:tr~ ue~/~. , ..fU,{~u~. /-I'o/i eirJ!.L~IfJI~ r- HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? ~ ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? No SIGNATURE & (!. k4?#J - PLEASE PRINT OR TYPE NAME:~/Ci:.. C. .4 MItI.?;, _ ADDRESS: /07'50 N. ~21:5J)J;a62..--,.trjk#/-g-1Pjf!.Ofco73 HOME PHONE: ~O?/ tfft./-lrJ1f5 BUSINESS PHONEl cdf.) ~~ 1177- 77213 E-MAIL ADDRESS: ret1..dalll!J7 7777 t;!2fn_?pt. C>>/ff APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR I-d A~~ACHMENTplJ3~~ e~O:BO ~o GG ~nlJ ~ ~ ~'d - ~ " '" 951.0R~69 ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION ~ COUNCIL MEETING DATE: August 27,2007 TITLE: PARKS AND RECREATION COMMISSION APPOINTMENT =:J PUBLIC HEARING gj BIDS/MOTIONS =:J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) Quasi-Judicial: o Yes ['gJ No ~ City Clerk CiSv~~ EXECUTIVE SUMMARY: An application for the CiSv Council position for the Parks and Recreation Commission has been received for the current opening in District I. The Parks and Recreation Commission members are appointed by CiSv Council. The term of this appointment expires in March of2010. COMMISSION/BOARD RECOMMENDATION:. None STATEMENT OF THE ISSUES: There will be a vacancy if the applicant is not appointed. ALTERNATIVES CONSIDERED: None ~ANCIAL IMPACT: None RECOMMENDED MOTION: "I move to appoint expire March, 2010." to the Parks & Recreation Commission, term to or: Report Prepared by: Janice Smothers (303) 235-2815 Reviewed by: Michael Snow, City Clerk (303) 235-2823 Attachments: 1. Application - Beth McBride ,ITY OF WHEAT RfDG CITY CLERK'S OFFICE 01AUG20 PH 8= on PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE: Parks and Recreation (BOARD/COMMISSION/COMMITTEE) DATE: 8/14/2007 DISTRICT 1 HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 22 vears ARE YOU A REGISTERED VOTER? ves WHY ARE YOU SEEKING THIS APPOINTMENT? I want to contribute to the citv. and learn how citv aovernment works. I think the citv's parks are one of it's most imoortan~ assets. Mv familv and I are freauent users of Dark facilities throuphout the citv throuah soccer. runnina. swimmina. workina out at the Rec Center. and Iivina adiacent to Panoramq Park. DO YOU HAVE EXPERIENCE IN THIS AREA? I do not have soecific Darks exoerience. I have exoerience in land use issues and solutions. I have served as an officer and director offor-orofit comoanies. I comoleted the citv's Plannina Academv in sorina 2007. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? I am currentlva member of two committees in WR2020. since Januarv 2007. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR A rrENDANCE OR DUTIES? no SIGNATURE .~tAuk.J " . . Distributed 10: PLEASE PRINT OR TYPE NAME: Beth McBride Date: 8/9..Q,1/I~ . City Clerk: V ADDRESS:5801 W. 33rd Ave Wheat Ridae CO 80212 ityTreas: Council: 25 Mayor: 1/ City Mgr: V - . City Atty: Dept Heads: r HOME PHONE:303 233 8314 BUSINESS PHONE:303 717 4468 (cell) E-MAIL ADDRESS: BethMcBridefWcomcast. net ---1 APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ATTACHMENT 1