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HomeMy WebLinkAbout10/08/2007 6:30 p.m. Pre-Meeting ~~!~~~ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 8. 2007 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF SeDtember 24. 2007 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 39-2007 - RESOLUTION CLOSING THE SENIOR CENTER FUND. B. RESOLUTION 40-2007 - RESOLUTION AUTHORIZING THE MAYOR TO APPOINT ONE COUNCIL MEMBER AS AN EX OFFICIO, NON-VOTING MEMBER TO THE WHEAT RIDGE 2020 BOARD. C. RESOLUTION 41-2007 - RESOLUTION ADOPTING THE CITY OF WHEAT RIDGE INVESTMENT POLICY. CITY COUNCIL AGENDA: October 8, 2007 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Page -2- Item 2.:. Public Hearing on the Proposed 2008 Budget. Item 3. COUNCIL BILL 24-2007 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 25 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING URBAN RENEWAL. Item 4. COUNCIL BILL 25-2007 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 2760/2770 CHASE STREET, WHEAT RIDGE, COLORADO. ORDINANCES ON FIRST READING Item 5. COUNCIL BILL 26-2007 - AN ORDINANCE AMENDING CHAPTER 22, SUBSECTION 22-58(a)(2) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING DIRECT SALES TO CHARITABLE ORGANIZATIONS. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ~~~ 1Ii:lllfl!M~ ~IJUI~~lI~ CITY OF WHEAT RIDGE, COLORADO SeDtember 24. 2007 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; Deputy City Manager, Patrick Goff, Public Information Officer, Heather Geyer; Director of Parks and Recreation, Joyce Manwaring; City Attorney, Gerald Dahl; Acting Director of Community Development, Sally Payne; Planner, Travis Crane; Police Chief, Dan Brennan; Police Commander, Joe Cassa; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF Seotember 10. 2007 Motion by Mr. Stites for approval of the Minutes of September 10, 2007; seconded by Mr. Gokey; carried 8-0. CITIZENS' RIGHT TO SPEAK No citizens were present to speak. Item 1. CONSENT AGENDA A. Approve RFP-07-26 Police Vehicle Equipment & Installation Not-to-Exceed $79,906.38. B. RESOLUTION 38-2007 - A RESOLUTION APPROVING THE ADOPTION OF THE AMENDMENT TO THE CITY OF WHEAT RIDGE MONEY PURCHASE PENSION PLAN FOR DESIGNATED POLICE DEPARTMENT EMPLOYEES FOR THE PURPOSE OF CLARIFYING THE PARTICIPATION AND VESTING OF POLICE CHIEFS. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mr. Gokey; carried 8-0. CITY COUNCIL MINUTES: September 24, 2007 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING. Page -2- Item 2. A Request for a Special Use Permit to Allow a Group Home for Property located at 7055 West 33rd Avenue. (Case No. SUP-07-07/Jefferson Hills). Mayor DiTullio opened the public hearing. Item 2 was introduced by Mr. Womble, who read the Executive Summary. Mr. Crane presented the staff report. The applicants for the Special Use Permit, Howard Schiffman, Exec Director of Griffith Centers for Children and Karen Yarberry, Executive Director of Jefferson Hills and Co- owner of Healing Homes for Children, were present and spoke to Council on the matters of granting this Special Use Permit. The following interested citizens were present and spoke on this item: Marcus Nunez, Dorothy'Archer, Ray Pepe, Ellen Warp, Linda Briones, and Moreen Wallner. Their concerns and issues expressed regarding the issuance of this Special Use Permit included, but were not limited to: the presence of this group home brings threats to the neighborhood of peddling, theft, and surprise visits to area homes; some residents report having seen periods of time lacking any supervision of the residents of this home; it is recommended that the permitting stay at the current four residents for a trial period; the owners of the home have not cared for the conditions of the front yard of the home; there is usually only one staff caring for the residents, which is not enough for six older, male children; previous residents have trespassed onto next door neighbor's yard; neighbors are concerned about the severity of the residents' past violations and the threats to their children of sexual assault or drugs; residents in the area are concemed that the process to grant this permit does not require neighborhood approval and question why residents aren't notified outside of 600-foot radius of the home; Council asked the applicants questions regarding the age and severity of the offenses of the residents, the nature and policies of supervision, specifics on the purported violations of privacy previous residents have made against neighbors, and the qualifications of the staff in the home. Mayor DiTullio called for a break at 8:07pm, to resume at 8:12pm. Mayor DiTullio closed the public hearing. Motion by Mr. Womble to deny Case No. SUP-07 -07 for the reason that the special use does not meet all the requirements outlined in Section 26-114 (D) of the Code of Laws; seconded by Mrs. Sang. CITY COUNCIL MINUTES: September 24, 2007 Page -3- Substitute Motion by Mrs. Adams to approve Case No. SUP-07-07 for the following reasons: 1. The group home facility should create little to no impact upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood of the proposed use. The property is allowed to operate as a foster care home with up to four children as a use by right. The increase to six children will be negligible. 2. The group home facility will not create nor contribute to blight in the neighborhood by virtue of physical or operational characteristics of the proposed use. The physical nature of the existing structure and surrounding property is in harmony with the surrounding neighborhood. 3. The group home facility will not have a negative effect on the light and air, nor cause significant air, water or noise pollution. 4. The request will not result in undue traffic congestion or traffic hazards. With the following conditions: 1. The grant of use shall be for the applicant and may not be inherited. 2. The facility shall only be allowed a maximum of six children, based on the current lot size pursuant to Section 26-612 of the Wheat Ridge Code of Laws; 3. The Special Use Permit is to expire and be re-evaluated after a time of one year for re-issuance. Seconded by Mr. Schulz; failed 5-3 with Council Members Rotola, Adams and Schulz voting Yes. Original motion by Mr. Womble carried 5-3 with Council Members Rotola, Adams and Schulz voting No. CITY COUNCIL MINUTES: September 24,2007 ORDINANCES ON FIRST READING Page -4- Item 3. COUNCIL BILL 24-2007 - AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 25 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING URBAN RENEWAL. Council Bill 24-2007 was introduced on first reading by Mrs. Berry. Motion by Mrs. Berry to approve Council Bill 24-2007 on first reading, order it published, public hearing set for Monday, October 8, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect upon adoption; seconded by Council Members Womble and Sang; carried 8-0. Item 4. COUNCIL BILL 25-2007 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 2760/2770 CHASE STREET, WHEAT RIDGE. Council Bill 25-2007 was introduced on first reading by Mrs. Berry, who read the Executive Summary. Motion by Mrs. Berry to approve Council Bill 25-2007 on first reading, order it published, public hearing set for Monday, October 8, 2007 at 7:00 p.m. in the City Council Chambers, and that it take effect upon adoption; seconded by Council Members Rotola and Sang; carried 8-0. DECISIONS. RESOLUTION. AND MOTIONS Item 5. Approval of the proposed Marketing and Branding Project Logo and Implementation Plan. Mrs. Rotola introduced Item 5 and read the Executive Summary. Allison McGee and Karen Morales of Communication Infrastructure Group presented to Council a PowerPoint (included in this packet) on the Logo creation process. Heather Geyer presented the staff report, outlining the proposed Implementation Plan. Motion by Mrs. Rotola to adopt the proposed marketing and branding project logo and implementation plan; seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: September 24, 2007 Page -5- Item 6. RESOLUTION 37-2007 - A RESOLUTION AMENDING THE FISCAL YEAR 2007 GENERAL FUND, OPEN SPACE FUND AND CONSERVATION TRUST FUND BUDGETS TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,285,372 FOR THE RENOVATION OF THE ANDERSON PARK POOL AND APPROVING AWARD OF ITB-Q7-41 ANDERSON PARK POOL RENOVATION IN THE AMOUNTOF $1,680,451 TO VERSAR, INC. Resolution 37-2007 was introduced by Mrs. Rotola, who read the Executive Summary. Motion by Mrs. Rotola to approve Resolution 37-2007 amending the fiscal year 2007 General Fund, Open Space Fund and Conservation Trust Fund Budgets to reflect the approval of a supplemental budget appropriation in the amount of $1 ,285,372 for the renovation of the Anderson Park Pool and approving award of ITB-07-41 Anderson Park Pool Renovation to VERSAR in the amount of $1 ,680,451 with a Contingency of $100,000 for a total project cost of $1 ,780,451; seconded by Mr. Schulz. Brett Kelley spoke to some possible alternatives to the proposed plan. Substitute Motion by Mr. Gokey to postpone Resolution 37-2007 to the next Study Session for further consideration of alternative ideas and concepts with respect to the budget; seconded by Council Members Sang and Womble; failed 5-3, with Council Members Sang, Womble and Gokey voting Yes. Original Motion carried 6-2 with Council Members Sang and Gokey voting No. Item 7. Parks & Recreation Commission Appointment. Motion by Mr. Gokey to appoint Patricia M. Ennis to the Parks & Recreation Commission; term to expire March, 2008; seconded by Mrs. Sang; carried 8-0. Item 8. Cultural Commission Appointment. Motion by Mr. Stites to appoint Scott Anderson to the Cultural Commission; term to expire March, 2008; seconded by Mrs. Rotola; carried 8-0. CITY MANAGER'S MATTERS Mr. Young thanked citizens for attending Cabela's Town Meeting. Mr. Snow read to Council a letter from Jim Congrove, Jefferson County Board of Commissioners Chairman, requesting Municipal nominations for a vacancy on the E911/Emergency Telephone Service Authority Board. Nominations are due to the Jefferson County Boards & Commissions Coordinator by October 5,2007. CITY COUNCIL MINUTES: September 24, 2007 ~'-EGTED OFFICIALS' MATTERS Page -6- Mayor DiTullio reminded citizens that the Proposed 2008 City Budget is available for review at the City Clerk's office, the Wheat Ridge Senior Center, the Wheat Ridge Library, the Wheat Ridge Recreation Center, and on the City's website; a public hearing on the Budget is scheduled to take place at the regular City Council Meeting on October 8 and consideration for its final adoption by Council is scheduled for October 22, 2007. Mr. DiTullio also thanked the Public Works and Police Departments, Kelby of Momentus Happenings, WR Arts Council, Colorado Folks Arts Council, WR Business Dist, and Wheat Ridge 2020 for their hard work on the Arts Festival. Mr. DiTullio also thanked Cabela's, CDOT and the City for the work they did on the Cabela's development plan and the 32nd & Youngfield improvements. Mrs. Sang spoke to the great success and level of acceptance of the Cabela's Development at the Town Meeting. Mrs. Rotola commended Cabela's on the successful Town Meeting and all the informative maps and demonstrations there. Mrs. Rotola also recognized the improvements made to the homes of the four awardees of the Wheat Ridge 2020 Home Improvement Project. Mr. Gokey thanked Wheat Ridge 2020 for the results on the Home Improvement Project and also thanked all participants of the Arts Festival. Mr. Schulz also recognized the success of the Arts Festival and voiced his support and hopes for its greater, lasting success in the future. Mr. Stites encouraged citizens to visit the annual Wheat Ridge Town Meeting taking place at the Wheat Ridge Recreation Center on Thursday, September 27th, from 3:30- 7:30pm, and also to "find it and buy it in Wheat Ridge". Mr. Womble recognized the excellence of the Arts Walk Festival and also thanked Tom Abbott for supplying the trees for decoration at the Festival, and to Bruce Butler and Sherry Lamar for their continued support on the street. Mrs. Berry invited all citizens to attend the Wheat Ridge Town Meeting on Thursday, September 27, at the Wheat Ridge Recreation Center. CITY COUNCIL MINUTES: September 24, 2007 Page -7- Meeting adjourned at 9:36p.m. /~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON OCTOBER 8, 2007 BY A VOTE OF to Mike Stites, Mayor pro tem The preceding Minutes were prepared according to ~47 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. ~ ~ "/ ~ 0 - 0 <.> m C'Ol.OR~I::P ITEM NO: L AI REQUEST FOR CITY COUNCIL ACTION ..~$~ ~:~ III WI COUNCIL MEETING DATE: October 8, 2007 TITLE: RESOLUTION 39-2007: A RESOLUTION CLOSING THE SENIOR CENTER FUND D PUBLIC HEARING D BIDS/MOTIONS [g] RESOLUTIONS D ORDINANCES FOR 1 ST READING (Date: _) D ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes [g] No If 1YlaALV~ / ~lReCreation Director y Ci~~ EXECUTIVE SUMMARY: The Senior Center Fund was established as a special fund to receive funds from private donations and fund raising activities held by Senior Center participants under the supervision of the Senior Center staff. The purpose of the fund was to establish a separate account for tracking revenues and expenditures and insuring the funds were not comingled with general fund monies. The special fund insured that any donations or funds raised, directly benefitted the Senior Center and the programs offered at that location. COMMISSIONIBOARD RECOMMENDATION: The Senior Center Advisory Committee voted at the June 11, 2007 meeting to close the Senior Center Fund and transfer monies to the Wheat Ridge Foundation. ~TATEMENT OF THE ISSUES: The seniors and staff at the Senior Center are less focused on fund raising than in previous years due to the high level of commitment and resources required in comparison to the amount of funds raised. The primary fund raising event at this time is selling cookies at the Wheat Ridge Carnation Festival. The funds raised from this event are adequate to meet the miscellaneous items desired by the Advisory Committee for the Center, which are not al'l"Vl'.:ated in the Senior Center General Fund budget. The Wheat Ridge Foundation was not in existence when this fund was established. The Foundation is an appropriate organization to receive and distribute donated funds. There is a separate line item within the Foundation accounts for funds received from the Senior Center. These funds are dedicated for the senior programs and are not comingled with other Foundation funds. The annual fmancial audit of the City routinely recommends closing this special fund. ALTERNATIVES CONSIDERED: Do not close the Senior Fund. FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to "'l'l'.vife Resolution 39-2007 - A Resolution Closing the Senior Center Fund effective December 31, 2007 and Transferring Any Remaining Fund Balance to the Wheat Ridge Foundation. or, "I move to postpone indefInitely Resolution 39-2007 - A Resolution Closing the Senior Center Fund effective December 31, 2007 and Transferring Any Remaining Fund Balance to the Wheat Ridge Foundation for the following reason(s) " Report Prepared by: Reviewed by: Joyce Manwaring, Parks and Recreation Director Patrick Goff, Deputy City Manager Attachments: I. Resolution 39-2007 2. Senior Advisory Committee minutes June 11, 2007 RESOLUTION NO. 39 Series of 2007 TITLE: A RESOLUTION CLOSING THE SENIOR CENTER FUND WHEREAS, the City Council established the Senior Center Fund for the purpose of accepting donations and fund raising monies for use at the Senior Center; WHEREAS, the Wheat Ridge Foundation is now in existence for this purpose; WHEREAS, the Wheat Ridge Foundation will accept and redistribute funds for future use at the Wheat Ridge Senior Center; NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: A. The Senior Center Fund will be closed effective December 31, 2007 and any remaining fund balance will be transferred to the Wheat Ridge Foundation. DONE AND RESOLVED THIS 8th day of October, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk AT I ACHMENT 1 Wheat Ridge Senior/Community Center Ph # 303-205-7500 Fax #303-403-1168 6363 West 35" Avenue Wheat Ridge, Colorado 80033 Wheat Ridge Senior/Community Center Advisory Committee June 11,2007 1. The meeting was called to order at 9a.m. by Chair Russ Hedden who announced he was resigning as Chair, but will stay on as Vice Chair. Charles Holcer graciously accepted the Chair's position and the committee expressed appreciation to Russ for his service and to Charles for his willingness to take on the new responsibility. Staff was represented by Karen Ruiz and Julie Brisson. Committee members present were: Trish Ferlic, Bonnie Foulk, Jeanette Going, Russ Hedden, Dan Henkle, and Sue Schafer. Absent with notice: Alice Blevins and Liz Willis. Guest: Donna Downing. The minutes were approved as read and a quorum was present. 2. Guest Donna Downing reported there is money in the Wheat Ridge Foundation available for approved projects. 3. Old Business: Charles suggested instead of visiting other senior centers that the committee formulate questions to ask these centers. Trish stated the Wheat Ridge Senior/Community Center is working very well and needs improvements rather than big changes. Possible improvements would be removing one pool table, purchasing new furniture, create a book exchange instead of the library since the Wheat Ridge Library is so close, and use the space for a meeting area and classes. Another suggestion was to change the name of the library to the Multi-Purpose Room. The committee generally approved of these ideas. 4. New Business: Charles asked for discussion about changing the name of the Wheat Ridge Senior /Community Center to Wheat Ridge Community Center. Several members stated that many people avoid using the services/programs due to a negative connotation of the term "senior" and that other centers across the country are dropping the term and getting more use of their facilities. A vote of 5 to 2 was made to recommend changing the name to Wheat Ridge Community Center. Another vote was taken to drop the $5.00 fee for using the computer lab. Julie and Karen explained the Wheat Ridge Foundation and Charles moved (Trish seconded) that by January 1, 2008 the Senior Fund be rolled into the Wheat Ridge Foundation to be held for the Wheat Ridge Community Center and thereby disbanding the Senior Fund. The motion passed 7 to O. The Carnation Festival needs volunteers, and the committee agreed to make telephone calls from call sheets of previous donations to the Center. The committee decided to drop the July meeting and restart in August, 2008.5. Future Agenda Items: Move to bi-monthly meetings? Questions to ask area Community Centers? Community event? The meeting was adjourned at !0:30a.m. Respectfully submitted, Sue Schafer, Secretary. ATTACHMENT 2 tJ ~ 1', ~ " - Q o ~ C'Ol.OR"u:?: ITEMNO:I\!S \ REQUEST FOR CITY COUNCIL ACTION ~:~~ COUNCIL MEETING DATE: October 8, 2007 TITLE: RESOLUTION 40-2007 - A RESOLUTION AUTHORIZING THE MAYOR TO APPOINT ONE COUNCIL MEMBER AS AN EX OFFICIO, NON-VOTING MEMBER TO THE WHEAT RIDGE 2020 BOARD o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) o Yes &~~( Quasi-Judicial: ~ No Ci~~~ EXECUTIVE SUMMARY: Staff received direction from Ci~ Council at the October 1, 2007 study session to bring forth a resolution memorializing the appointment by the Mayor of one Wheat Ridge Council Member to the Wheat Ridge 2020 (WR2020) Board. The appointment will be that of an Ex Officio, non-voting member with a two year term. COMMISSIONIBOARD RECOMMENDATION: The WR2020 Board of Directors has deemed it appwp,;ate to include three non-voting Ex-Officio members from the Ci~ Wheat Ridge, which shall include The Mayor, Ci~ Manager, and an appointment of one member of Wheat Ridge Ci~ Council. STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None .RECOMMENDED MOTION: "I move to approve Resolution 40-2007 - A Resolution Authorizing the Mayor to Appoint One Council Member as an Ex Officio, Non-Voting Member to the Wheat Ridge 2020 Board." or, "I move to postpone indefinitely Resolution 40-2007 - A Resolution Authorizing the Mayor to Appoint One Council Member as an Ex Officio, Non-Voting Member to the Wheat Ridge 2020 Board for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments:. l. Resolution 40-2007 2. Memorandum from Mayor DiTullio and Council Member Adams, dated 10/1/2007 3. WR2020 Resolution 2007-3 RESOLUTION NO. 40 Series of 2007 TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO APPOINT ONE COUNCIL MEMBER AS AN EX OFFICIO, NON-YOTING MEMBER TO THE WR2020 BOARD WHEREAS, Wheat Ridge 2020, Inc. ("WR2020" or the "Corporation"), is a non-profit corporation organized and existing under the laws of the State of Colorado, primarily for the purpose of fostering community and economic development in and for the benefit of the City of Wheat Ridge (the "City"); and WHEREAS, in pursuit of the Goals of the Neighborhood Revitalization Strategy, the Board of Directors have deemed it appropriate to include the Mayor, the City Manager and one appointment of a City Council Member of the City of Wheat Ridge to participate on the Board of Directors as non-voting Ex-Officio Board members; NOW THEREFORE BE IT RESOL YED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The Mayor is hereby authorized to appoint one Wheat Ridge Council Member as an Ex Officio, non-voting member to the WR2020 Board. 2. The Ex-Officio appointment of a Wheat Ridge City Council Member shall run for two years, but not extend beyond the Council Member's term in office. 3. The appointment by the Mayor shall be ratified by the City Council at a regular City Council meeting. DONE AND RESOL YED TillS 8th DAY OF OCTOBER 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 City of Wheat Ridge Office of the Mayor Memorandum TO: City Council CC: Randy Young, City Manager Patrick Goff, Deputy City Manager Rob Osborn, Executive Director, Wheat Ridge 2020 Kevin Hood, Board President, Wheat Ridge 2020 FROM: Mayor Jerry DiTullio Councilmember Karen Adams, Dist. III DATE: 10/1/2007 SUBJECT: City Council Appointment to Wheat Ridge 2020 (WR2020) The WR2020 Board has amended their bylaws to include the Wheat Ridge Mayor and City Manager as non-voting members of the WR2020 Board. The following text is from an em ail from Executive Director Rob Osborn: "Dear Mr. Mayor and City Manager Young, The WR2020 Board of Directors passed a resolution yesterday approving the office of the Mayor, and City Manager as Ex Officio, Non-Voting Board members ofWR2020. The terms of these positions are consistent with the terms in office or employment with the city. This resolution takes place immediately. Additionally, the approved resolution provides one appointment of a City Council Member as an Ex Officio, Non- Voting member of the Board. The term of the Council appointment is for 2 years, but not to exceed the Council person's term in office. The resolution did not define the method of selection of the City Council member appointment, as it was determined to have that resolved by council. We invite you to attend our next Board Study Session on October 12 at 8:30 AM and our next Official Board Meeting on October 2Z'd at 7:30 AM. Both meetings are hosted in the First Bank Conference Room at 4350 Wadsworth Blvd. ATTACHMENT 2 2 We will also send you a new Board Member packet in the mail within then next few days. Please mark your calendar for our Annual Meeting on November 10th. We will hold elections and also update our members on projects. We appreciate your commitment to WR2020 and welcome you to our organization." We are recommending that the City Council appointment to WR2020 be a Mayoral appointment much like the WRHA or the WRURA. We are also recommending that the appointment by the Mayor be memorialized in a Resolution which would be considered for adoption by City Council at the next regular business meeting. Recommended Consensus: I would like to ask for a consensus directing the City Manager's Office or the City Attorney to draft a resolution memorializing the City Council appointment to WR2020 by the Mayor. The resolution will be brought forth for City Council consideration to the October 8th, 2007 City Council meeting. Thank you for your consideration in advance. RESOLUTION NO. 2007-3 Wheat Ridge 2020, Inc. WHEREAS, Wheat Ridge 2020, Inc. ("WR 2020" or the "Corporation"), is a non-profit corporation organized and existing under the laws of the State of Colorado, primarily for the purpose of fostering community and economic development in and for the benefit of the City of Wheat Ridge (the "City"); and WHEREAS, the Corporation's By-Laws (By-Laws) require the appointment of up to two City Council members to the Board of Directors; and WHEREAS, in pursuit of the Goals of the Neighborhood Revitalization Strategy, the Board of Directors have deemed it appropriate to include the office of The Mayor and City Manager of the City of Wheat Ridge to participate on the Board of Directors as non- voting Ex-Officio Board members; and WHEREAS, the inclusion of the Mayor and City Manager on the Board of Directors will require a modification to the By-Laws of the Corporation; and NOW, THEREFORE, BE IT RESOLVED by Board of Directors of Wheat Ridge 2020, Inc., as follows; 1. That the recitals set forth above are incorporated herein by reference. 2. That the Board of Directors hereby approves the following change to the By-Laws of the Corporation Section loB: Composition of The Board of the Directors; in accordance with the following: Section 1-B - Cornnosition of the Board of Directors. At least 75% of Directors shall reside or own property or a business within the city limits of Wheat Ridge. The Board of Directors shall include three non-voting Ex-Officio members from the City Wheat Ridge, which shall include The Mayor, City Manager, and an appointment of one member of Wheat Ridge City Council. The Board shall represent appropriate proportions of Voting Members from the following categories: . residents and property owners, . owners or employees of local small businesses, . owners and representatives of regional employers or institutions, . representatives of civic, educational, or non-profit groups, and . Ic;pJ.,(;;';)c;;.L~~tives of foundations The Board of Directors shall determine whether representation on each year's Board is aypwp. :ately balanced. Directors are elected from among the nominated candidates at the annual meeting by the Voting Membership in accordance with a policy as prescribed and adopted by the Board of Directors. Terms: Directors are allowed to serve up to three consecutive two year terms. Draft Date: 1O/3/200A TT AC H M ENT 3 As a means of ensuring a staggered Board turnover, the initial terms for the Board of Directors has provided for the fifteen (I5) elected Directors be assigned one, two or three year terms. Subsequent terms for each newly elected Board member shall be for two (2) years The terms of the Ex-Officio appointments of the Mayor and City Manager shall run consistent with their terms in office, and employment with the City, the Ex-Officio appointment of a Wheat Ridge City Council Member shaH run for two years, but not extend beyond the Council Member's term in office. CERTIFICATION I, . Secretary ofthe Corporation do hereby certify that the foregoing is a true and correct copy of the Resolution of the Board of Directors of Wheat Ridge 2020, Inc. passed at a du1y convened meeting of the said Board on the day of . 2007. Board members present and voting were as follows: Board Member Vote Tom Abbott Karen Adams Art Bushell Kim Calomino Gretchen Cerveny Brian DeLaet Curtis Gilmore Pam Goff Kevin Hood Ron Kiefel Fran Langdon Carol Salzmann Don Seyfer Amy Sherman Denise Waddell Van Wedgwood Terrell Williams of IN WITNESS WHEREOF, I hereunto set my hand and seal on this .2007. day Secretary Draft Date: 10/3/2007 ITEM NO: I. C I REQUEST FOR CITY COUNCIL ACTION ~ ~$~ ~~:~ i-I[ [n COUNCIL MEETING DATE: October 8, 2007 TITLE: RESOLUTION 41-2007: A RESOLUTION ADOPTING THE CITY OF WHEAT RIDGE INVESTMENT POLICY o PUBLIC HEARING o BIDSIMOTIONS rgJ RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes rgJ No ~4~- city~~1 City Treasurer ~XECUTIVE SUMMARY: This Resolution adopts the revised City of Wheat Ridge Investment Policy. COMMISSIONIBOARD RECOMMENDATION: Approved by the Investment Advisory Committee. STATEMENT OF THE ISSUES: The revised Investment Policy is derived from a sample policy distributed by the Colorado Government Finance Officers Association and covers all current requirements. The Policy as presented has been modified to conform to the previous policy in terms of acceptable investments. Other changes include a reference to maintaining a General Fund reserve as determined by TABOR and the City Council, and a process for delegating the management of the City's portfolio to a professional money management firm. AL TERNA TIVES CONSIDERED: Do not "'l'l'wve the Policy. FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve Resolution 41-2007 - A Resolution Adopting the City of Wheat Ridge Investment Policy. or, "I move to postpone indefinitely Resolution 41-2007 - A Resolution Adopting the City of Wheat Ridge Investment Policy for the following reason(s) " Report Prepared by: Mary Cavarra, City Treasurer Reviewed by: Attachments: 1. Resolution 41-2007 2. City of Wheat Ridge Investment Policy RESOLUTION NO. 41 Series of 2007 TITLE: A RESOLUTION ADOPTING THE CITY OF WHEAT RIDGE INVESTMENT POLICY WHEREAS, Section 3.10 of the Wheat Ridge Charter authorizes the City Treasurer to invest all City monies as directed by City Council; and WHEREAS, the Government Finance Officers Association has provided recommended practices for governmental investing; and WHEREAS, the Investment Advisory Committee has recommended that City Council adopt those recommended practices in a revised Investment Policy; NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Wheat Ridge, Colorado, as follows: A. The Revised City of Wheat Ridge Investment Policy is adopted by City Council. DONE AND RESOLVED TillS 8th day of October, 2007. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 . CITY OF WHEAT RIDGE INVESTMENT POLICY SUMMARY The following is a summary of key elements of the City of Wheat Ridge Investment Policy as adopted by the City Council on October 8, 2007: The City consolidates cash balances from all funds to maximize investment earnings, except for the cash in restricted and special funds. Investment income is allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. The City's principal investment objectives are: . Conformance with all applicable City, State and Federal regulations . Preservation of capital through the protection of investment principal by minimizing credit risk . Investing operating funds in shorter-term securities, money market mutual funds or similar investment pools to avoid incurring unreasonable market interest rate risk . Maintenance of sufficient liquidity to meet the City's cash needs . Attaining a market rate of return for eligible securities; this is secondary to the safety and liquidity stated above. The City's assets are managed to the "prudent investor" standard by the City Treasurer which states "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of another, not in regard to speculation, but for investment considering the probable safety of their capital as well as the probable income to be derived." The City Treasurer has further restricted the investment of City funds to any of the following: . U.S. Treasury obligations which carry the full faith and credit guarantee of the United States government and with maturities less than five years from the date of purchase. . Federal Instrumentality Securities issued by Federal National Mortgage Association (FNMA), Federal Farm Credit Banks (FFCB), Federal Home Loan Banks (FHLB), and Federal Home Loan Mortgage Corporation (FHMLC). . Prime Commercial Paper, at the time of purchase, which is rated in its highest rating category by one or more nationally recognized organizations which regularly rate such obligations and which have maturities not exceeding 270 days. . Investment-grade obligations of state, provincial and local governments and public authorities . Local Government Investment pools pursuant to C.R.S. 24-75-101 et seq as amended. . Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar-denominated securities; and . Certificates of deposit and other evidences of deposit at financial institutions, Although the public Deposit Protection Act allows municipalities to invest in derivatives, the Treasurer has explicitly state that derivatives are an unacceptable investment. It is the intent of the City to diversify the investments with the portfolio to avoid incurring unreasonable risks inherent in over investing in specific instruments, or individual financial institutions or maturities. The asset allocation in the portfolio should, however be flexible depending upon the outlook for the economy, the securities market, and the City's anticipated cash flow needs. The City Treasurer shall maintain contact with City staff members to determine cash flow requirements and assure that the General Fund reserve does not fall below percentage levels mandated by TABOR and the City Council. It is the policy of the City to purchase securities only from authorized institutions and firms. BrokerlDealers and other financial institutions shall be selected by the Treasurer on the basis of their expertise in public cash management and their ability to service the City's account. Elected officials and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or which could impair or create A I I ACHMENT 2 City of Wheat Ridge Investment Policy the appearance of an impairment of their ability to make impartial investment decisions. I. Governing Authority Legality The investment program shall be operated in conformance with federal. state, and other legal requirements, including the Wheat Ridge City Charter. II. Scope This policy applies to the investment of all funds. excluding the investment of employees' retirement funds, police pension fund. and certain restricted funds 1. Pooling of Funds Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective balances and in accordance with generally accepted accounting principles. III. General Objectives The primary objectives, in priority order, of investment activities shall be safety. liquidity, and yield: 1. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. a. Credit Risk The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer. by: . Limiting investments to the types of securities listed in Section VII of this Investment Policy . Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisers with which the City will do business in accordance with Section V . Diversifying the investment portfolio so that the impact of potential losses from anyone type of security or from anyone individual issuer will be minimized. b. Interest Rate Risk The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: . Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity . Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools and limiting the average maturity of the portfolio in accordance with this policy (see section VIII). 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). Alternatively, a portion of the portfolio may be placed in money market mutual funds or local government investment pools which after same-day 2 City of Wheat Ridge Investment Policy liquidity for short-term funds. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall generally be held until maturity with the following exceptions: . A security with declining credit may be sold early to minimize loss of principal. . A security swap would improve the quality, yield. or target duration in the portfolio. . Liquidity needs of the portfolio require that the security be sold. 4. Local Considerations Where possible, funds may be invested for the betterment of the local economy or that of local entities within the State. The City may accept a proposal from an eligible institution which provides for a reduced rate of interest provided that such institution documents the use of deposited funds for community development projects, or because of the proximity to government offices. IV. Standards of Care 1. Prudence The standard of prudence to be used by investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. The "prudent person" standard states that, "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation. but for investment, considering the probable safety of their capital as well as the probable income to be derived." 2. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program. or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. 3. Delegation of Authority Authority to manage the investment program is granted to the City Treasurer (hereinafter referred to as investment officer) and derived from the following: City of Wheat Ridge Home Rule Charter. Responsibility for the operation of the investment program is hereby delegated to the investment officer, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. ( See Attachment No.1 - Internal Controls). No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the investment officer. The investment officer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. The investment officer, after initiating a Request for Proposal process and with approval of the City 3 City of Wheat Ridge Investment Policy Council, may delegate the management of the City's portfolio to a professional money management firm. The firm must adhere to all the requirements and restrictions contained in this policy. V. Authorized Financial Institutions, Depositories, and Broker/Dealers 1. Authorized Finaneial/nstitutions, Depositories, and Broker/Dealers A list will be maintained of financial institutions and depositories authorized to provide investment services. In addition, a list will be maintained of approved security broker/dealers selected by creditworthiness (e.g., a minimum capital requirement of $10.000,000 and at least five years of operation). These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule). All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate: . Audited financial statements demonstrating compliance with state and federal capital adequacy guidelines . Proof of National Association of Securities Dealers (NASD) certification (not applicable to Certificate of Deposit counterparties) . Proof of state registration . Completed broker/dealer questionnaire (not applicable to Certificate of Deposit counterparties) . Certification of having read and understood and agreeing to comply with the [entity's] investment policy. . Evidence of adequate iosurance coverage. An annual review of the financial condition and registration of all qualified financial institutions and broker/dealers will be conducted by the investment officer. (See Attachment NO.2 - Relationships with Security Dealers) 2. Minority and Community Finaneia/lnstitutions From time to time, the investment officer may choose to invest in instruments offered by minority and community financial institutions. In such situations, a waiver to certain parts of the criteria under Paragraph 1 may be granted. All terms and relationships will be fully disclosed prior to purchase and will be reported to the appropriate entity on a consistent basis and should be consistent with state or local law. These types of investment purchases should be approved by the appropriate legislative or governing body in advance. VI. Safekeeping and Custody 1. Delivery vs. Payment All trades of marketable securities will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. 2. Safekeeping Securities will be held by a [centralized] independent third-party custodian selected by the entity as evidenced by safekeeping receipts in the [entity's] name. The safekeeping institution shall annually provide a copy of their most recent report on internal controls (Statement of Auditing Standards No. 70, or SAS 70). 3. Internal Controls The investment officer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the [entity] are protected from loss, theft or misuse. Details of the internal controls system shall be documented in an Internal Controls statement and shall be reviewed and updated annually. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the 4 City of Wheat Ridge Investment Policy valuation of costs and benefits requires estimates and judgments by management. The internal controls structure shall address the following points: . Control of collusion . Separation of transaction authority from accounting and recordkeeping . Custodial safekeeping . Avoidance of physical delivery securities . Written confirmation of transactions for investments and wire transfers . Dual authorizations of wire transfers . Development of a wire transfer agreement with the lead bank and third-party custodian Accordingly, the investment officer shall establish an annual independent review by an external auditor to assure compliance with policies and procedures or alternatively, compliance should be assured through the City's annual independent audit. In addition, the Investment Advisory Committee will meet at least once a quarter to review the status of investments and the transactions that occurred during the quarter. VII. Suitable and Authorized Investments 1. Investment Types Consistent with the GFOA Policy Statement on State and Local Laws Concerning Investment Practices, the following investments will be permitted by this policy and are those defined by state and local law where applicable: . U.S. Treasury obligations which carry the full faith and credit guarantee of the United States government and have maturities of no greater than five years; . U.S. government agency and instrumentality obligations that have a liquid market with a readily determinable market value; . Certificates of deposit and other evidences of deposit at financial institutions, . Commercial paper, rated in the highest tier (e.g., A-1, P-1, F-1, or D-1 or higher) by a nationally recognized rating agency; . Investment-grade obligations of state, provincial and local governments and public authorities; . Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar-denominated securities; and . Local government investment pools either state-administered or developed through joint powers statutes and other intergovernmental agreement legislation. 2. Coffaterafization Where allowed by state law and in accordance with the Government Finance Officer's Association (GFOA) Recommended Practices on the Collateralization of Public Deposits, full collateralization will be required on all demand deposit accounts, including checking accounts and non-negotiable certificates of deposit. Furthermore, the City will only invest with financial institutions that are on the State of Colorado Public Deposit Protection Act (PDPA) list. VIII. Investment Parameters 1. Diversification It is the policy of the City to diversify its investment portfolios. To eliminate risk of loss resulting from the over-concentration of assets in a specific maturity, issuer, or class of securities, all cash and cash equivalent assets in all City funds shall be diversified by maturity, issuer, and class of security. Diversification strategies shall be determined and revised periodically by the investment committeelinvestment officer for all funds except for the employee retirement fund. In establishing specific diversification strategies, the following general policies and constraints shall apply: Portfolio maturities shall be staggered to avoid undue concentration of assets in a specific maturity sector. Maturities selected shall provide for stability of income and reasonable liquidity. 5 City of Wheat Ridge Investment Policy For cash management funds: . Liquidity shall be assured through practices ensuring that the next disbursement date and payroll date are covered through maturing investments or marketable U.S. Treasury bills. . Positions in securities having potential default risk (e.g., commercial paper) shall be limited in size so that in case of default, the portfolio's annual investment income will exceed a loss on a single issuer's securities. . Risks of market price volatility shall be controlled through maturity diversification such that aggregate price losses on instruments with maturities exceeding one year shall not be greater than coupon interest and investment income received from the balance of the portfolio. . The investment committee/investment officer shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in securities other than repurchase agreements. Treasury bills or collateralized certificates of deposit. The committee shall conduct a quarterly review of these guidelines and evaluate the probability of market and default risk in various investment sectors as part of its considerations. 2. Maximum Maturities To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the [entity] will not directly invest in securities maturing more than five (5) years from the date of purchase or in accordance with state and local statutes and ordinances. The City shall adopt weighted average maturity limitations (which often range from 90 days to 3 years), consistent with the investment objectives. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as local government investment pools, money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. 3. Competitive Bids The investment officer shall obtain competitive bids from at least two brokers or financial institutions on all purchases of investment instruments purchased on the secondary market. IX. Reporting 1. Methods The investment officer shall prepare an investment report at least quarterly, including a management summary that provides an analysis of the status of the current investment portfolio and the individual transactions executed over the last quarter. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The report should be provided to the entity's chief administrative officer, the legislative body, and the Investment Advisory Committee. The report will include the following: . Listing of individual securities held at the end of the reporting period. . Realized and unrealized gains or losses resulting from appreciation or depreciation by listing the cost and market value of securities over one-year duration that are not intended to be held until maturity (in accordance with Governmental Accounting Standards Board (GASB) requirements). . Listing of investment by maturity date. . Percentage of the total portfolio which each type of investment represents. Each quarterly report shall indicate any areas of policy concern and suggested or planned revision of investment strategies. Copies shall be transmitted to the independent auditor.p 6 City of Wheat Ridge Investment Policy Within 40 days of the end of the fiscal year, the investment officer shall present a comprehensive annual report on the investment program and investment activity. The annual report shall include 12-month and separate quarterly comparisons of return and shall suggest policies and improvements that might be made in the investment program. Alternatively, this report may be included within the City's annual Comprehensive Annual Financial Report. 2. Performance Standards The investment portfolio will be managed in accordance with the parameters specified within this policy. The City's cash management portfolio shall be designed with the objective of regularly meeting or exceeding a selected performance benchmark, which could be the average return on three-month U.S. Treasury bills, the state investment pool, a money market mutual fund [specify] or the average rate of Fed funds. These indices are considered benchmarks for lower risk investment transactions and therefore comprise a minimum standard for the portfolio's rate of return. 3. Marking to Market The market value of the portfolio shall be calculated at least quarterly and a statement of the market value of the portfolio shall be issued at least quarterly. This will ensure that review of the investment portfolio, in terms of value and price volatility, has been performed consistent with the GFOA Recommended Practice on "Mark-to-Market Practices for State and Local Government Investment Portfolios and Investment Pools." In defining market value, considerations should be given to the GASS Statement 31 pronouncement. X. Policy Considerations 1. Exemption Any investment currently held that does not meet the guidelines of this policy shall be exempted from the requirements of this policy. At maturity or liquidation. such monies shall be reinvested only as provided by this policy. 2. Amendments This policy shall be reviewed on an annual basis. Any changes must be approved by the investment officer and any other appropriate authority, as well as the individuals charged with maintaining internal controls. VII. Approval of Investment Policy The investment policy shall be formally approved and adopted by the governing body of the City of Wheat Ridge and reviewed annually by the City Treasurer and the Investment Advisory Committee. Recommendations for amendments will be forwarded to the City Council for approval. VIII. List of Related Documents The following related documents are available upon request: 1. Internal Controls 2. Methodology for GAP analysis 3. Listing of authorized personnel 4. Council Resolution creating Investment Advisory Committee 7 ITEM NO: Q, REQUEST FOR CITY COUNCIL ACTION ~/$~ ~~,~ ~liUn COUNCIL MEETING DATE: October 8, 2007 TITLE: PUBLIC HEARING ON THE PROPOSED 2008 BUDGET [gJ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: D ORDINANCES FOR 2ND READING ) Quasi-Judicial: D Yes [gJ No 12~~ Ci~~~ EXECUTIVE SUMMARY: Sections 10.7 and 10.9 of the Wheat Ridge Ci~ Code require that a public hearing on the proposed budget be held before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2007) established by statute for the certification ofthe next year's tax levy to the coun~. A public hearing has been scheduled for the October 8, 2007 Ci~ Council meeting to receive input from citizens on the budget. Adoption of the 2008 Budget has been scheduled for the October 22, 2007 Ci~ Council meeting. The proposed 2008 Budget includes $26,725,006 in expenses in the General Fund; $4,608,628 in expenses in the Capital Investment Program (CIP) Fund; and $4,025,686 in expenses in the Special Revenue Funds, not including transfers, for a total budget of $35,359,320. The proposed 2008 Budget is available for review at the following locations: Wheat Ridge Library 5475 W. 32 Avenue Wheat Ridge Community/Senior Center 6363 W. 35th Avenue Wheat Ridge Recreation Center 4005 Kipling Street Wheat Ridge City Hall City Clerk's Office 7500 W. 29th Avenue The 2008 Proposed Budget is also available for purchase for $10.00 from the City Clerk's Office and proposed budget and a PowerPoint presentation of the budget is available for review at www.ci.wheatridge.co.us. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The 2008 budget process started in May of 2007 with a City Council strategic planning process to review and update the City's vision and goals. The Wheat Ridge Vision 2020 is, Wheat Ridge is a Family Oriented Residential Community with a range of Quality Homes, mixed use Urban Villages and Quality Retail serving our residents and serving as unique regional destinations. Our residents have Great Access to Denver and the mountains, enjoy an Active Lifestyle, share Small-Town Values and take Pride in Our Community. Wheat Ridge - A Great Place to Live! Wheat Ridge's goals for 2013 are: ' 1. Creating a Sustainable City Government 2. City Prepared for Growth and Opportunities 3. Strong Partnership between City, Community and Region 4. Better Quality Housing Stock 5. Redevelopment of Major Corridors In June and again in July, City Council held a public meeting to allow citizens to provide input on the budget. The proposed 2008 Budget was distributed to City Council and made available to the public on September 10th. On September 17th, staff presented the proposed 2008 Budget to City Council at a budget retreat. A public hearing is scheduled for the October 8th City Council meeting and adoption ofthe 2008 Budget is scheduled for October 22nd. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None RECOMMENDED MOTION: None Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: 1. Budget Swnmary by Fund !? WheatRJ.9.gc 2008 Proposed Budget Budget Summary by Fund ilegiilll!l1lll!aIaiiqe ,.~' " C .R'e' 'ven,' u es. . '(111108)" T , ~ fiJ~c!s Availatile' .Expen~ fUnd'Balance = . '~-ii08 (1" .~ Operating Funds General $28,953,243 = $29,325,006 = $4,818,591 Fund Balance Pereenlage 16.4% Capttal Funds Capital Investment Program $1,926,749 . $2,700,000 = $4,626,749 - $4,608,628 $18,121 Special Revenue Funds Equipment Replacement $0 . $200,000 = $200,000 $0 $200,000 Police Investigation $62,970 . $1,000 $63,970 $25,000 $38,970 Open Space $289,891 . $962,300 $1,252,191 $1,100,043 $152,148 Municipal Court $15,900 . $45,000 = $60,900 $39,400 = $21,500 Richards Hart Estate $18,555 . $15,800 = $34,355 $15,000 = $19,355 Conservation Trust $330,269 . $425,000 = $755,269 $500,000 = $255,269 Crime Prevention $252,172 . $378,000 $630,172 $376,509 $253,663 Recreation Center $2,378,627 . $2,120,753 = $4,499,380 $2,469,734 $2,029,646 Total Operating Funds $5,190,354 . $28,953,243 = $34,143,597 $29,325,006 = $4,818,591 Total Capital Funds $1,926,749 . $2,700,000 $4,626,749 $4,608,628 = $18,121 Totai Special Revenue Funds $3,348,384 . $4,147,853 $7,496,237 $4,525,686 $2,970,551 (Less Transfers) $0 . ($3,100,000) ($3,100,000) ($3,100,000) = ATTACHMENT 1 7 Revenues & Expenditures Summary Budget Summary by Fund ITEM NO: 3, REQUEST FOR CITY COUNCIL ACTION ". ,\/1; ~tj r~~~~, ~0~ i.- )-_...)1 -_....,~J d':;p' ~-/J ~ COUNCIL MEETING DATE: October 8, 2007 TITLE: COUNCIL BILL 24-2007: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 25 OF HiE WHEAT RIDGE CODE OF LAWS CONCERNING URBAN RENEWAL D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date: September 24,2007) [8] ORDINANCES FOR 2ND READING Quasi-Judicial: D Yes [8] No Va c/'..2 ' /'7f""r-LJ /7 /J C~~ City Attorney EXECUTIVE SUMMARY: Section 25-24 of the Wheat Ridge Municipal Code currently defines the structure of the Urban Renewal Authority (URA) to consist of seven members, one member from each council district and three at large members. The at large members may include one city council member. Staff received direction at the September 10, 2007 council meeting to bring forth an ordinance to amend this section ofthe code to allow at large members ofthe URA to include one "elected city official (excluding the Mayor)" and/or one "non- resident individual who owns a licensed business in good standing located within the city." COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: To provide maximum flexibility for the Mayor to appoint interested parties to the Urban Renewal Authority. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve Council Bill 24-2007: An Ordinance Amending Article II of Chapter 25 of The Wheat Ridge Code of Laws Concerning Urban Renewal on second reading, and that it takes effect IS days after final publication" or, "I move to table indefinitely Council Bill 24-2007: An Ordinance Amending Article II of Chapter 25 of The Wheat Ridge Code of Laws Concerning Urban Renewal for the following reason(s) " Attachments: 1. Council Bill 24-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 24 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 25 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING URBAN RENEWAL WHEREAS, the City of Wheat Ridge, acting through its City Council (the "Council"), has authority pursuant to Article XX, Section 6 of the Colorado Constitution and, inter alia, C.R.S. 9 31-15-103 to protect the health, safety and welfare of the residents of the City; and WHEREAS, the Council has previously created the Wheat Ridge Urban Renewal Authority (the "Authority") pursuant to C.R.S. ~~ 31-25-101 et seq., by the adoption of Article II of Chapter 25 of the Wheat Ridge Code of Laws; and WHEREAS, the Council recognizes that members of the City's business community have an interest in the matters addressed by the Authority and would be productive members of the same; and WHEREAS, the Council also recognizes that all elected City officials, with the exception of the Mayor, should be eligible to serve on the Authority. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. Code of Laws Section 25-24 is hereby amended to read: Section 25-24 Same-Appointment of members; number. The authority shall consist of seven (7) members, one (1) of such members being from each of the existing, or hereafter altered, city council districts, and three (3) members to serve at large. The at large members may include one (1) ELECTED CITY OFFICIAL (EXCLUDING THE MAYOR), ANDIOR ONE (1) NON-RESIDENT INDIVIDUAL WHO OWNS A LICENSED BUSINESS IN GOOD STANDING LOCATED WITHIN THE CITY. Each appointment to the authority shall be made by the mayor subject to approval by majority vote of the entire city council. The term of office of each member shall be five (5) years. Any member (WITH THE EXCEPTION OF A NONRESIDENT BUSINESS OWNER MEMBER) who shall change his personal residence to an address outside the city or outside the district he represents shall cease to be a member of the authority and his seat shall automatically be deemed vacant as of the date on which he ceased to be a resident of the city or of the district. ANY NONRESIDENT BUSINESS OWNER MEMBER WHOSE BUSINESS IS NO LONGER IN GOOD STANDING WITH THE CITY OR WHOSE BUSINESS CEASES OPERATIONS OR MOVES OUTSIDE THE CITY LIMITS SHALL CEASE TO BE A MEMBER OF THE AUTHORITY AND THE MEMBER'S SEAT SHALL BE DEEMED VACANT AS OF THE DATE A I I ACHMENT 1 OF THAT OCCURRENCE. A member whose term has expired shall continue to hold office until his successor has been appointed and has qualified. Terms of office shall be staggered so that the term of at least one (1) member shall expire each year. The city council may appoint any number of ex-officio nonvoting members to serve for terms at the pleasure of the city council. Section 2. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. 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 8 to 0 on this 24th day of September, 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 October 8, 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 October, 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: September 27, 2007 Second Publication: Wheat Ridge Transcript Effective Date: ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION Cf"'" , II[ [~ COUNCIL MEETING DATE: October 8, 2007 TITLE: COUNCIL BILL 25-2007: AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 2760/2770 CHASE STREET, WHEAT RIDGE, COLORADO o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: Sentember 24. 2007) ~ ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No ~!' J 1YJa-u L<---)aA-~ / ~s Iud .Recreation Director r EXECUTIVE SUMMARY: When the City of Wheat Ridge acquired the Richards Hart Estate property in 1976 with Open Space Funds, the duplex located at 2760/2770 was included in the acquisition. This structure was the original carriage house for the estate. In 2002 the management of the property was transferred to the Wheat Ridge Housing Authority. The City retained ownership of the duplex due to the required policies for use of Open Space Funds when park property is acquired. C'M~~' Ity anager " On September 6,2007, an inspection of the property located at 2760/2770 Chase Street was conducted to assess the condition of the structure and the extent of the repairs required for the structure to meet applicable codes and standards for residential structures within the City of Wheat Ridge. It was found that there are numerous improvements and repairs required to meet code and residential housing standards. Staff recommends demolishing the structure due to the costs of the ongoing maintenance and repairs to the structure and the assessment conclusions. The lot where the duplex is located would be returned to park land or usage associated with the Richards Hart Estate. COMMISSIONIBOARD RECOMMENDATION: The Chairperson of the Wheat Ridge Housing Authority agrees with the demolition recommendation.. STATEMENT OF THE ISSUES: The structure is a two-story duplex, with a two-story unit at 2770 Chase Street, and a single level unit at 2760 Chase Street. The exterior of the entire structure and the interior of the unit at 2760 Chase Street was the subject ofthe inspection. The structure is in need of general repair and maintenance, including windows, drainage adjustment, landscaping, interior paint, furnace and duct cleaning, plumbing fixture replacement and possible repair of structural deterioration. The estimated cost of repairs for the listed items is $15,185.00, plus minor asbestos abatement costs. The potential for additional costs associated with the listed items for additional asbestos abatement, roof sheathing replacement, mold investigation and/or treatment, and other items indeterminable at this time is substantial, and could likely increase the total cost of repairs to over $25,000.00. Inclusion of the cost of the general maintenance and repair items to bring the property into reasonable compliance with current standards in the total cost could raise this figure to well over $40,000.00. The possibility of additional repair is likely, but cannot be determined until the listed work is begun, creating a scenario in which unspecified change orders are likely. ALTERNATIVES CONSIDERED: To not demolish the structure. FINANCIAL IMPACT: The cost of demolition and asbestos removal has not been determined. Asbestos testing and specifications for demolition costs will need to be solicited to identifY costs. Further council action will be required to approve supplemental funding for the demolition costs. RECOMMENDED MOTION: "I move to approve Council Bill 25-2007: An Ordinance Directing Disposal by Demolition ofa City- Owned Building Located at 2760/2770 Chase Street, Wheat Ridge, Colorado on second reading, and that it take effect upon adoption." or, "I move to table indefinitely Council Bill 25-2007: An Ordinance Directing Disposal by Demolition of a City-Owned Building Located at 2760/2770 Chase Street, Wheat Ridge, Colorado for the following reason(s) " Report Prepared by: Joyce Manwaring, Parks and Recreation Director Reviewed by: Patrick Goff, Deputy City Manager Attachments: 1. Memorandum from John Schumacher, CBO 2. Memorandum from Cheryl Brungardt, Wheat Ridge Housing Authority Chairperson 3. Council Bill 25-2007 070924 CAF demo RHE duplex. doc From the desk of John Schumacher, CBO Chief Building Official Building Inspection Division Office (303) 235-2853 Fax (303) 235-2857 -'-~~. wHt4r 1'...- f.... 0 - 0 U f'1 ',~ cOI.OR~SP On September 6, 2007, an inspection of the property located at 2760/2770 Chase Street was conducted to assess the condition of the structure and the extent of the repairs required for the structure to meet applicable codes and standards for residential structures within the City of Wheat Ridge. The structure is a two-story duplex, with a two-story unit at 2770 Chase Street, and a single level unit at 2760 Chase Street. The exterior of the entire structure and the interior of the unit at 2760 Chase Street was the subject of the inspection. The interior of 2770 Chase Street was not accessible for the inspection. As a result ofthe inspection, the following determinations were made: 1. The existing siding is asbestos shingle siding, and is damaged in two separate areas of the structure, comprising approximately 25 square feet of the exterior of the structure. It will be necessary to abate the damaged siding in a manner consistent with state and federal asbestos abatement regulations. The remaining siding would be able to be covered by application of new siding; however the options for the type of siding that should be applied are limited by the use of the existing asbestos shingles as a base for the new siding. Additionally, there are large gaps in the existing asbestos shingle siding, which has allowed moisture to penetrate the sheathing behind the siding. This moisture penetration has contributed to mild deterioration damage to the structural components of the structure at its' base, and enclosure ofthis moisture and its' related damage may serve to hasten the deterioration of the structural components. The best method of preventing this enclosure of moisture and assessing the extent of the structural deterioration is to remove all of the existing asbestos shingle siding, which could prove to be very costly. 2. The existing flooring is asbestos tile, and covering or abatement of these tiles is required. 3. The existing roof covering is in poor condition and requires replacement. There are approximately 14-112 sqilares of roof covering on the structure. The existing roof sheathing is I" board material, and will likely require some repair as a result of deterioration, and damage during the re-roofing process. It would also be necessary to add ventilation to the roof system during roof replacement. 4. The bathtub has a wood sill at the window over the tub which is deteriorated and shows a possibility of mold growth. This sill should be replaced with an appropriate moisture-resistant material, at which time a test for the presence of mold could be made. If mold is confirmed, treatment or abatement would be necessary. 5. The water heater for the unit at 2760 is new, and was installed on 7-7-06. There is improper access to the water heater, insufficient combustion air, and incomplete gas shut off valves for the water heater and the furnace. The furnace is aged, but is of adequate size. The function of the furnace unit under demand conditions is undeterminable. 6. The electrical panel was not accessible, but the service appears to have been updated since original construction. The electrical wiring, outlets and switches were acceptable at the time of installation, and continued use is permissible, but the system is outdated, there are no GFCI outlets in the wet areas, and the potential for malfunction and the need for repair or replacement in the near future are likely. Without access to the adjoining unit, an accurate assessment is impossible, but it is reasonable to assume that the conditions that exist in 2760 Chase Street also exist in 2770 Chase Street. The AT I ACHMENT 1 I structure is in need of general repair and maintenance, including windows, drainage adjustment, landscaping, interior paint, furnace and duct cleaning, plumbing fixture replacement and possible repair of structural deterioration. The estimated cost of repairs for the listed items is $15,185.00, plus minor asbestos abatement costs. The potential for additional costs associated with the listed items for additional asbestos abatement, roof sheathing replacement, mold investigation and/or treatment, and other items indeterminable at this time is substantial, and could likely increase the total cost of repairs to over $25,000.00. Inclusion of the cost of the general maintenance and repair items to bring the property into reasonable compliance with current standards in the total cost could raise this figure to well over $40,000.00. The possibility of additional repair is likely, but cannot be determined until the listed work is begun, creating a scenario in which unspecified change orders are likely. 2 From: cheryl@thankem.com r mailto:chervluv.thankem.com 1 Sent: Tuesday, September 18, 2007 7:52 PM To: Jeny DiTullio Cc: Randy Young Subject: 2760-2770 Chase Street (Hart Estate) I would concur with the inspector's findings. To put money into a building that has so many unsafe conditions does not meet our need of bringing housing up to speed in this situation. If it would truly be a jewel on the block, it would be different, however, it won't be and I would rather see us put that amount of money into a project that would get a return and or significantly make a difference. Perhaps the renter can be referred to Jeffco Housing Authority for a subsidized unit. Thanks to City Council for putting this matter on the docket. Cheryl Brungardt, WRHA Chair A I I ACHMENT 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 25 Ordinance No. Series of 2007 TITLE: AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 2760/2770 CHASE STREET, WHEAT RIDGE, COLORADO WHEREAS, the City owns property at 2760/2770 Chase Street within the City, which property includes an existing duplex residential building; and WHEREAS. the City Council has determined that the costs to repair the building to meet existing code standards exceed the value to the City of retaining the building; and WHEREAS. Section 16.5 of the Charter authorizes disposal of City-owned buildings and real property by ordinance approved by three-fourths of the entire City Council; and WHEREAS. the Council wishes to dispose of the referenced building by demolition. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEA T RIDGE, COLORADO: Section 1. Bui/dina ordered demolished. The City-owned building located at 2760/2770 Chase Street is hereby ordered demolished. The City Manager is authorized and directed to cause such demolition and, if required, environmental assessment and remediation, to take place. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. . CNB\53027\413543 A I I ACHMENT 3 1 Section 3. Severabilitv: Conflictina Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of September, 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 October 8, 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: September 27, 2007 Second Publication: Wheat Ridge Transcript: Effective Date: CNB\53027\413543 2 ~ ~ "', ~ " - Q o ~ ilil.OR,..Qg ITEM NO: ,I:) I REQUEST FOR CITY COUNCIL ACTION ,0$~ I . 1m un COUNCIL MEETING DATE: October 8, 2007 TITLE: COUNCIL BILL 26-2007: AN ORDINANCE AMENDING CHAPTER 22, SUBSECTION 22-58(a)(2) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING DIRECT SALES TO CHARITABLE ORGANIZATIONS o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS IZI ORDINANCES FOR 1ST READING (Date: October 8, 2007) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes IZI No ..".,-- , . . ,. L.- . C~ City Attorney CitYM~~ EXECUTIVE SUMMARY: This ordinance amends Subsection 22-58(a)(2) of the Wheat Ridge Code of Laws (the "Code") concerning direct sales to charitable organizations. STATEMENT OF THE ISSUE~: Pursuant to Chapter 11 of the Code, all charitable organizations seeking exemption from the City's taxes, must first apply for an exempt institution license. Without obtaining an exempt institution license, charitable organizations are subject to the City's sales tax. Section 22-58 of Chapter 22 concerns exempt sales. Specifically, subsection 22-58(a)(2) concerns a sales tax exemption for direct sales to charitable organizations, however it does not reference the licensing requirements in Chapter 11. Without a reference to the licensing requirements in Chapter 11, Subsection 22- 58(a)(2) is ambiguous and potentially unenforceable against un-licensed charitable organizations. This ordinance amends Subsection 22-58(a)(2) to clarifY that charitable organizations must acquire an exempt institution license, pursuant to Chapter II before qualifYing for a sales tax exemption. COMMISSIONIBOARD RECOMMENDATION: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "1 move to approve Council Bi1l26-2007: An Ordinance Amending Chapter 22, Subsection 22- 58(A)(2) Of The Wheat Ridge Code Of Laws Concerning Direct Sales To Charitable Organizations on first reading, order it published, public hearing set for Monday, October 22,2007 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after fmal publication." or, "1 move to table indefinitely Council Bi1l26-2007: An Ordinance Amending Chapter 22, Subsection 22-58(A)(2) Of The Wheat Ridge Code Of Laws Concerning Direct Sales To Charitable Organizations for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 493-6670 Reviewed by: Patrick Goff, Deputy City Manager Attachments: 1. Council Bi1l26-2007 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 26 Ordinance No. Series of 2007 TITLE: AN ORDINANCE AMENDING CHAPTER 22, SUBSECTION 22-58(a)(2) OF THE WHEAT RIDGE CODE OF LAWS CONCERNING DIRECT SALES TO CHARITABLE ORGANIZATIONS WHEREAS, the City of Wheat Ridge ("City") conducts audits of businesses operating within the City pursuant to Chapter 22 of the Wheat Ridge Code of Laws ("Code") in order to ensure businesses are remitting correct tax to the City; and WHEREAS, Subsection 22-58(a)(2) of Chapter 22 of the Code is ambiguous with respect to the licensing requirements otherwise imposed by Chapter 11 of the Code; and WHEREAS, amending Subsection 22-58(a)(2) to incorporate a reference to Chapter 11 of the Code will aid the City in auditing businesses making direct sales to charitable organizations and will also serve to better inform taxpayers of the licensing requirements of Chapter 11; and WHEREAS, the City Council believes it to be in the best interest of the City to amend Chapter 22, Subsection 22-58(a)(2) of the Code to make clear that in order to qualify for the sales tax exemption of Chapter 22, charitable organizations must have obtained an exempt institution license under Chapter 11. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 22-58(a)(2) of Chapter 22 of the Wheat Ridge Code of Laws is hereby amended to read: Sec. 22-58. Exempt sales. (a) Enumeration of exempt items of sales and service. There shall be exempt from taxation under the provisions of this chapter the following: (2) All direct sales to, but not sales by, charitable organizations, as defined in section 22-21, in the conduct of their regular religious, charitable, and eleemosynary functions and activities PROVIDED THAT THE CHARITABLE ORGANIZATION HAS OBTAINED AN EXEMPT INSTITUTION LICENSE PURSUANT TO CHAPTER 11 ARTICLE I; provided FURTHER, however, that building materials and supplies shall be subject to ATTACHMENT 1 use tax as provided in section 22-68 hereof. Any exempt organization which makes sales of tangible personal property to the public and which otherwise meets the definition of a retailer in section 22-21 must have a sales tax license and collect and remit tax in the same manner as any other retailer. The fact that the merchandise sold may have been acquired by gift or donation, or that the proceeds are to be used for charitable purposes, does not make the sales exempt from tax. Section 2. Severabilitv. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. Section 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 8th day of October, 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 October 22, 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: