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HomeMy WebLinkAbout12/08/20086:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 8. 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF November 24 2008 PROCLAMATIONS AND CEREMONIES Civic Academy Graduation Rotary Club - Presentation of Annual Contribution 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. Approval of Award RFP-08-38 Videography Services for Channel 8 to Jesse Johnson & I.O.T.K. Media, Arvada, Colorado, in the not to exceed amount of $44,700. B. Approval of Award RFP-08-39 Connections Newsletter Design and Print Services to Communication Infrastructure Group, LLC, Evergreen, Colorado, in the not to exceed amount of $58,800. CITY COUNCIL AGENDA: December 8, 2008 Page -2- C. Approval of payment to CIRSA for deductible portion of Claims paid by CIRSA for October 2008 Property Casualty in the amount of $44,671.51. D. Approval of the 2009 City Council Regular Meeting Calendar. E. Cancellation of December 22, 2008 City Council Meeting. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 20-2008 -An Ordinance Amending Chapter 10 of the Wheat Ridge Code of Laws to provide a process for the creation and administration of Community Benefit Districts. Item 3. Council Bill 22-2008 - An Ordinance amending Chapter 4, Section 14 of the Code of Laws of the City of Wheat Ridge, which concerns the Regulations of Exotic Animals within the City. Item 4. Council Bill 23-2008 - An Ordinance Regulating the Operation of Secondhand Dealers and Precious Metal Dealers, and in connection therewith, amending Article VII of Chapter 11 of the Code of Laws. ORDINANCES ON FIRST READING Item 5. Council Bill 17-2008 -An Ordinance providing for the approval of a Change of Zoning from Residential-One (R-1) and Agriculture-One (A-1) to Planned Residential Development and for approval of an Outline Development Plan for property located at 11885 West 38th Avenue. (Case No. WZ-07-06) (Doud Overlook) Item 6. Council Bill 24-2008 - An Ordinance providing for the approval of Agriculture-One (A-1) Zoning on property recently annexed to the City of Wheat Ridge, located West of Lot 9, Cabela's/Coors Subdivision, North of Clear Creek, and South of State Highway 58 at Indiana Street extended. (Case No. WZ-08-08) (Coors at Clear Creek) CITY COUNCIL AGENDA: December 8, 2008 Page -3- DECISIONS, RESOLUTIONS. AND MOTIONS Item 7. Resolution 62-2008 - A Resolution repealing and reenacting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado, for the 2009 Budget Year. Item 8. Resolution 63-2008 - A Resolution levying General Property Taxes for the Year 2008, to help defray the costs of Government for the City of Wheat Ridge, Colorado, for the 2009 Budget Year. Item 9. Resolution 64-2008 - A Resolution concerning expenditure of the City's 2007 Jurisdictional Allocation of Federal Community Development Block Grant Funds. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT d"UnnEmm CITY OF WHEAT RIDGE, COLORADO November 24, 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; Senior Planner, Meredith Reckert; Director of Community Development, Kenneth Johnstone; Director of Public Works, Tim Paranto; Director of Parks & Recreation, Joyce Manwaring; staff; and interested citizens. APPROVAL OF MINUTES OF November 10. 2008 Motion by Mr. Stites for approval of the Minutes of November 10, 2008; seconded by Mr Gokey; carried 8-0. CITIZENS' RIGHT TO SPEAK Steve Blakesly, a Building Contractor and business owner that works in Wheat Ridge, spoke in defense of rumors he has heard circulating about his company and of what he feels has been public ridicule and berating by City Administration and Building Division staff. Mr. Blakesly provided Council photocopies of a memo on the subject of Building Codes in the City of Wheat Ridge (included in this packet). PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Resolution 60-2008 - A Resolution approving a Three Lot Subdivision Plal for Property recently Annexed to the City of Wheat Ridge - Coors at Clear Creek, Filing No. 1. Resolution 60-2008 was introduced by Mrs. Langworthy, who read the Executive Summary. Mayor DiTullio opened the public hearing. Meredith Reckert presented the staff report. Benjamin Moline, was present on behalf of the applicant. Mr. Moline expressed agreement of all that was stated in the Staff report and recommendations. CITY COUNCIL MINUTES: November 24, 2008 Page -2- Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve Resolution 60-2008, a Resolution approving a final subdivision plat-for the Coors at Clear Creek, Filing No. 1 Subdivision, with the following conditions: 1. The applicant shall enter into a Development Covenant Agreement with the City to establish responsibilities for future public improvements, subject to execution by the Director of Public Works; and 2. The subdivision plat shall be modified to reflect the following note: "In addition to Note #6 on Sheet 1 of the subdivision, regarding the location of the FEMA regulatory floodplain, the City has adopted new floodplain maps based on the most recent study of the floodplain. Future development plans for the property must comply with the City's floodplain requirements using the most recent locally adopted maps; Seconded by Mr. Womble; carried 8-0. Item 2. Council Bill 21-2008 - An Ordinance Amending Section 26-803 of the Wheat Ridge Code of Laws pertaining to Floodplain Control. Mayor DiTullio opened the public hearing. Council Bill 21-2008 was introduced on second reading by Ms. Berry. City Clerk Michael Snow assigned Ordinance No. 1423. Tim Paranto presented the staff report. No citizens were present to speak on this item. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to approve Council Bill 21-2008 (Ordinance 1423) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Rotola; carried 8-0. CITY COUNCIL MINUTES: November 24, 2008 Page -3- ORDINANCES ON FIRST READING Item 3. Council Bill 20-2008 - An Ordinance Amending Chapter 10 of the Wheat Ridge Code of Laws to provide a process for the creation and administration of Community Benefit Districts. Council Bill 20-2008 was introduced on first reading by Mrs. Sang, who read the Executive Summary. Motion by Mrs. Sang to approve Council Bill 20-2008 on first reading, order it published, public hearing set for Monday, December 8, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication. I further move that the official location for Legal Publication of this Ordinance be the City of Wheat Ridge website, www.ci.wheatridge.co.us. Seconded by Mr. Gokey; carried 8-0. Item 4. Council Bill 22-2008 - An Ordinance amending Chapter 4, Section 14 of the Code of Laws of the City of Wheat Ridge, which concerns the Regulations of Exotic Animals within the City. Council Bill 22-2008 was introduced on first reading by Mrs. Langworthy, who read the Executive Summary. Motion by Mrs. Langworthy to approve Council Bill 22-2008 on first reading, order it published, public hearing set for Monday, December 8, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; I further move the official location for Legal Publication of this Ordinance be the City of Wheat Ridge website, www.ci.wheatridge.co.us. Seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: November 24, 2008 Page -4- Item 5. Council Bill 23-2008-An Ordinance Regulating the Operation of Secondhand Dealers and Precious Metal Dealers, and in connection therewith, amending Article VII of Chapter 11 of the Code of Laws. Council Bill 23-2008 was introduced on first reading by Mrs. Sang, who read the Executive Summary. Motion by Mrs. Sang to approve Council Bill 23-2008 on first reading, order it published, public hearing set for Monday, December 8, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; I further move that the official location for Legal Publication for this Ordinance be the City of Wheat Ridge website, www.ci.wheatridae.co.us. Seconded by Mrs. Rotola; carried 8-0. DECISIONS, RESOLUTIONS. AND MOTIONS Item 6. Resolution 61-2008 -A Resolution Authorizing Submittal of the Application for a 2009 Joint Venture Grant to Jefferson county Open Space for the Construction of 38th and Kipling Park. Resolution 61-2008 was introduced by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to approve Resolution 61-2008; seconded by Mr. Womble; carried 5-3 with Council Members Gokey, Berry and Rotola voting No. Item 7. Award ITB-08-32 HVAC System Upgrade/Senior Center in the total Amount of $158,697 to Environmental Control Systems, Englewood, CO with a total Project Cost not to exceed $168,697. Item 7 was introduced by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to approve the award of ITB-08-32 HVAC System Upgrade/Senior Center to Environmental Control Systems, Englewood, CO in the total amount of $158,697, and I further move that a contingency amount of $10,000 be approved for a total project cost not-to-exceed $168,697 to be charged to the CIP budget account #30-610-800-815; seconded by Mrs. Sang; carried 8-0. CITY COUNCIL MINUTES: November 24, 2008 Page -5- Item 8. Award Panasonic Computer Notebooks to Portable Computer Systems in the Total Amount of $38,757.50. Item 8 was introduced by Mr. Womble, who read the Executive Summary. Motion by Mr. Womble to award Panasonic Computer Notebooks to Portable Computer Systems, Golden, CO in the amount of $38,757.50; seconded by Mrs. Sang; carried 8- 0. Item 9. Election of Mayor Pro Tem. City Clerk Michael Snow provided Council members paper ballots on which votes for Mayor ProTem were placed. Results of the paper ballot vote were 4 votes for Wanda Sang and 4 votes for Karen Adams. Mayor DiTullio broke the tie by paper ballot in favor of Wanda Sang. Final results: Wanda Sang, 5 votes; Karen Adams, 4 votes. Motion by Mr. Stites to elect Wanda Sang as Mayor Pro Tem effective immediately, term to expire upon election of her successor; seconded by Mr. Womble; carried 5-3 with Council Members Rotola, Berry and Adams voting No. CITY COUNCIL MINUTES: November 24, 2008 Page -6- ELECTED OFFICIALS' MATTERS Motion by Mr. Womble to donate his unexpended 2008 Conferences & Meetings budget of $3000 to Wheat Ridge 2020; seconded by Mr. Gokey. Mr. Womble amended his Motion such that the donation to Wheat Ridge 2020 be earmarked for use only in Meeting & Conference Expenses; seconded by Mr. Gokey. Motion tied with Council Members Langworthy, Adams, Rotola and Stites voting No; Mayor DiTullio broke the tie in favor; Motion carried 5-4. Mrs. Adams asked Staff to clarify how money in Council's Conferences & Meetings budget was and is intended to be used and to consider how this budget item's purpose can be further defined so as to limit it only to its intended use. Mr. Gokey wished everybody a Happy Thanksgiving and reminded all of the importance of families at this time of year. Mrs. Langworthy wished all a Happy and safe Holiday. Mr. Stites wished everyone to have a great Thanksgiving holiday and to remember to do something positive every week for the community and their neighbors. He also encouraged everyone to consider inviting a neighbor to dinner, especially someone that might be alone at this time. And as always, he encourages all to Find and Buy It in Wheat Ridge. Mrs. Rotola encouraged everyone to enjoy the Thanksgiving feast on Thursday, then to remember to diet-on Friday. Mayor DiTullio wished all a Happy Thanksgiving. He wished to recognize the Wheat Ridge High School Girls Softball team for making it to the state competition and also the Girls Volleyball team that made the State competition but unfortunately could not attend due to scheduling issues. He also mentioned the Boys 4A Football team participating I the State Championship on Saturday, November 29th at Invesco Field at Mile High. Mrs. Sang wished all a Happy Thanksgiving and expressed her gratitude for having her whole family together for the first time in many years. She also congratulated the Wheat Ridge High School Boys 4A Football team for making it to the State Competition. Mrs. Sang resigned from the Board of Wheat Ridge 2020 effective immediately because of her appointment as Mayor Pro Tern and because of the recent events that have taken place with the organization. She cited what she feels are the City Manager's inappropriate actions to undermine all the efforts to revitalize the City by scapegoating one member of the organization and arbitrarily cutting the City's funding of Wheat Ridge 2020 by 67% in 2009. CITY COUNCIL MINUTES: November 24, 2008 Page -7- Mayor DiTullio then provided Council a memo based on a November 3`d memo from City Manager Randy Young to Council recommending spending of more taxpayer money to study and assess the Building Department (included in this packet). Mr. DiTullio pointed out to City Staff that Wheat Ridge 2020 is also a consultant to the City and feels that their efforts this year to examine the construction and permitting policies are appropriate. He encouraged the City and Council to consider allowing the organization to take the lead in that effort with Staff input rather than hiring another outside consultant. Meeting adjourned at 8:00p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON DECEMBER 8, 2008 BY A VOTE OF to Wanda Sang, 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. City of ~WheatRidge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 8, 2008 I A TITLE: APPROVAL OF AWARD RFP-08-38 VIDEOGRAPHY SERVICES FOR CHANNEL 8 TO JESSE JOHNSON & I.O.T.K. MEDIA, ARVADA, CO IN THE NOT TO EXCEED AMOUNT OF $449700 ❑ PUBLIC HEARING ® BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ❑ YES ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) Deputy Cit4Ma.ia rEXECUTIVE SUMMARY: ® NO City Man r In 2009, the City will continue efforts to position Channel 8 programming as a reliable and entertaining source of information for citizens who have access to Channel 8 through their subscription to Comcast Cable. In January 2009, Wheat Ridge will provide additional access to citizens who do not subscribe to Comcast Cable by integrating video streaming of Channel 8 programming on the City Website. On October 28, 2008, four bids (4) were received. All bid proposals met the initial bid requirements except two. They did not submit their approach. The importance of providing an approach is to make sure they understand the scope of work and that the fee schedule is complete. Therefore, two firms were disqualified. Two firms were interviewed. The award is based on qualifications, project approach, experience, product, and fee schedule. Jesse Johnson & I.O.T.K. Media, aka Jesse Johnson meets all the bid specifications and budget. References were checked. Staff recommends award to Jesse Johnson, in the not to exceed amount of $44,700. COMMISSION/BOARD RECOMMENDATION: A Commission/Board recommendation is not required for this project. STATEMENT OF THE ISSUES: Background Currently, the City contracts with First Light Video Productions. Olivier Piroue has provided great videography services to the City of Wheat Ridge for many years. Without Olivier's expertise and creative "eye" the City would not have the well positioned Channel 8 programming as it does today. The bid process was a competitive one and the decision to change the contractor for Channel 8 Videography Services was not an easy one for staff to make. However, in today's competitive market place and the desire of the City to continue to enhance Channel 8 programming, the skill set and approach that Jesse Johnson will bring to the City of Wheat Ridge will help the City continue to move forward. It is important to recognize the talent and time that First Light Video Productions has contributed to the City of Wheat Ridge and that should not go unnoted. According to the 2006 and 2008 Citizen Survey results, Channel 8 as an "information source" has not been as widely used as it is in other metro area cities. In fact, 52 percent of respondents indicated in the 2008 survey that they have never used Channel 8 with similarly findings in the 2006 Citizen Survey. With the integration of video streaming in 2009, the City will be able to outreach to a broader audience, even beyond City boundaries. The following programming is included in the 2009 budget: • City Council Meetings • Planning Commission Meetings • Community Election Forum • Year In Review • Wheat Ridge Top of the Hour* • Programming & Scheduling • Encoding of Programming *In 2009, Wheat Ridge Top of the Hour will be changed to a monthly 7 minute segment instead of the quarterly 30 minute episodes. This new approach will enhance the City's ability to establish consistency and predictability with the program, allow for more timely updates on City services and projects, while minimizing the production costs involved in a scripted production as was done in 2008. ALTERNATIVES CONSIDERED: No award of the Videography Services for Channel 8 bid will delay the production of the 2009 videography services. FINANCIAL IMPACT: Funding for this project is included in the proposed 2009 Budget; this award is contingent upon approval of the 2009 Budget on December 8, 2008. The reason that staff is bringing this bid award forward at the same time as the adoption of the budget is based on the likelihood of one Regular Council meeting being held in December instead of two. Staff needs the month of December to transition and complete pre planning for the first council meeting in 2009. "I move to approve Award RFP-8-38 Videography Services for Channel 8 to Jesse Johnson & I.O.T.K. Media, Arvada, CO in the not to exceed amount of $44,700." or, "I move to deny the approval of Award RFP-8-38 Videography Services for Channel 8 to Jesse Johnson & I.O.T.K. Media, Arvada, CO, CO for following reasons: " Report Initiated by: Heather Geyer, Assistant to the City Manager Report Prepared by: Heather Geyer, Assistant to the City Manager Report Reviewed by: Patrick Goff, Deputy City Manager Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet 2. Jesse Johnson & I.O.T.K. Media Fee Schedule/Statement of Work W Oz as as W J 2 ~ m W H 00 1 m U C m Q 01 C N w L J a m o E w ~ y w w OD z 3 4 a C L o o W w~ r(9 Go T a wZ C? ~ 0 00 zQ OC~ w OD u12 a 0 o N y J f . o LL o G w ma a~ wU J W z z a X U O LL U) W U W U) } IL O w 0 U w O w d w d z O LLI 03 16 O WO w w w w w w w a } z } } } } } } N Q l6 O c W.9 N v co 0) U) CD U) 0) (0 m w w W w w w w O I-a o } } } } } } } z N ~ O W R m 0) U) co (D w co w Q o Z c o U m 81 p > J a a o wa } } } } FL > 0 z } } } 0 U J 2 0) } z } } Z } } } 3 LU U K fp ~ w 0 (9 LL O d O_ w w y o w H = Q J CO Z a w Q = J O o Q d a O a Q W z 0 U Q w w 0 > o FO Q Cl w Q LL Q lJ I Z W a a PROPOSAL: VIDEOGRAPHY FOR CHANNEL 8 SERVICES Jesse Johnson & I. O. T.K. Media PO Box 126 Arvada, CO 80001 www.iesseiohnson.net www.iotk.tv 1. Qualifications of Firm Company History I.O.T.K. Media was founded in 2004 by Jesse Johnson, who is the firm's owner, primary producer, shooter, editor, and only full time employee. In addition, Jesse often partners with a large network of video production professionals in order to deliver an award winning product, as well as training and mentoring high school and college interns to assist in all aspects of television production. I.O.T.K. is operated out of Jesse's house in Westminster, has no outstanding debt, low overhead and is financially stable. Current Workload I.O.T.K. works for many different clients, although the company focuses largely on producing content for Channel 8 stations in the Denver Metro Area. The current workload includes: ATTACHMENT 2 • Producing original content for the City & County of Broomfield, including Off The Page (which plays on Wheat Ridge Channel 8), On The Beat, Inside Broomfield, and many other shows. • Editing Metro Voices, which is produced by the Denver GMTC and runs on Wheat Ridge Channel 8. Providing videography services for ESPN, Versus and other national cable networks. These shoots have taken Jesse Johnson all over the world, including Argentina, Russia, Prague and Alaska. • Filming content for the corporate offices of Dicks Sporting Goods. References • Kim Greason, Director of Broomfield Channel 8,303-438-6354. Jesse works directly with Kim in shooting and editing programming for Broomfield Channel 8. • Mike Mauro, Owner of Mauro Multimedia, 303-588-9532. Jesse is hired by Mike to film for Dicks Sporting Goods. • John DePalma, Chief Operating Officer of Orion Multimedia, 720- 891-4842. Jesse is sent out by John to film television shows for ESPN, Versus and many other national networks. 2. Experience of Staff Awards For the past several years, Jesse Johnson and I.O.T.K. have consistently won awards for Broomfield Channel 8. Among the biggest awards are: • lst Place NATOA 2008 Excellence in Government Programming (AKA Best Channel) • l't Place NATOA 2008 Public Education Award • 2"d Place NATOA 2007 Excellence in Government Programming • 2"d Place NATOA 2007 Visual Arts Award • 2"d Place NATOA 2006 Visual Arts Award In addition, Jesse also took part in winning the Vt Place NATOA 2003 Excellence in Government Programming Award when he was a full time employee at KATV Channel 8 Arvada. Technical & Creative Experience I.O.T.K. owns a variety of high-end and "prosumer" cameras, including an HDV Sony Z1U (capable of filming in HD and SD) and a Panasonic VX100. In addition, the company uses professional Sony wireless microphones, Libec tripods, Arri studio lights, a portable green screen and a camera dolly. Also, I.O.T.K. owns several PowerMac computers, and edits with Final Cut Pro, After Effects and Photoshop. Jesse Johnson's technical and creative experience in government programming is vast. First and foremost, Jesse produced and directed the live broadcast of weekly City Council Meetings for the City of Arvada from 2000 to 2005. Furthermore, Jesse has produced over 100 hours of content for Broomfield's Channel 8. Also worth noting is Jesse Johnson's use of high school interns. Every year, Jesse takes in and mentors two or three high school students, training them in video production and utilizing them in legitimate rolls, including filming and editing in client-based projects. Some of these interns have gone on to work at KLTV Channel 8 Lakewood, and all have moved on to college. 3. Approach There will be several priorities in Jesse Johnson's approach to WRTV: A: Team Building The first step will be to assemble a team of qualified video production professionals dedicated to Wheat Ridge Channel 8. This is especially important with the City Council and Planning Commission meetings, in which two or three people should always be available to help out, thereby allowing for people to be out if emergencies arise. Specifically, this will involve I.O.T.K. hiring one part-time person totally dedicated to Council and Planning meetings. In addition, high school interns will be brought in with the sole purpose of learning the in's and out's of producing the meetings. B. Awards & Corporate Culture There is no better measure of success for a Channel 8 than awards, and it will be a top priority to start winning awards for the City of Wheat Ridge by 2010. Awards are something we can show to Council and the Citizens as proof of our worth to the City, and something the City of Wheat Ridge can be proud of. To accomplish this, we need to immediately build a corporate culture of creating award-winning programming, so that every project we work on is done to the highest quality possible, from start to finish. C. Deadlines Having experience in the government side and corporate side of video production, Jesse Johnson understands that the ability to meet deadlines is the first thing a client notices. Therefore, missing deadlines should not and will not be tolerated. D. More Constant Programming & Cross Promotion Citizens have more choices than ever as to what they watch on TV. Therefore, Channel 8's have to compete with every other channel on TV for viewers. One approach to keeping viewers' attention is more programming. For example, instead of making one half-an-hour show every four months, that one show should be divided into smaller episodes, and each episode premiering every month, similar to Broomfield Channel 8. Also, there should be an effort to find more free programming, similar to Metro Voices and Off the Page. In addition, there will be cross promotion of Channel 8 programming, such as ads for Wheat Ridge Top of the Hour during Council Meetings, and vice versa. E. Recycling & Sustainable Living I.O.T.K. has a commitment to recycling and the green movement, and will follow all the recycling efforts already in place at the City of Wheat Ridge. Furthermore, Jesse Johnson will push for more informative programming on sustainable living, similar to "Green Broomfield," which documented the green efforts of each department in the City and County of Broomfield, and how Citizens could used these methods at home. E. Partnering with Other Channel 8's The advantages to teaming up with other Channel 8's in the metro area are huge. For example, if WRTV sends a camera operator to help Arvada with their production of Let's Talk, hopefully WRTV can expect help with our Community Election Forum. Jesse Johnson is already friends with many of the Channel 8's in Colorado, and plans on using these relationships to the full advantage or WRTV. 4. Fee Schedule A. City Council Meetings - $10,4001year This number is based on paying one director $300 per meeting for 26 council meetings, and one back up director $100 per meeting. Although there may be less than 26 meetings per year, the extra days can be applied to training with the live broadcast equipment. B. Planning Commission Meetings - $10,4001year This number is based on paying one director $300 per meeting for 26 council meetings, and one back up director $100 per meeting. C. Community Election Forum - $5001year This number is based on hiring one additional camera operator at $250/day, and $250 for pre-planning, production and any additional editing. D. Year in Review - $6,0001year This number is based on a $250/day rate, assuming the 60 minute video takes 8 days to film and 16 days to edit. E. Wheat Ridge Top of the Hour - $12,0001year • This number is based on a $333.33/ day rate. • 12 7 minute episodes per year 0 Each episode takes 1 day to film, 2 days to edit ($1000/episode) • $1000 x 12 episodes = $12,000 F. Programming & Scheduling - $2,2001year G. Encoding of Programming - $2,2001year H. Additional B-Roll - $1,0001year TOTAL: $44,7001year City of ~Wheatiidge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 8, 2008 TITLE: APPROVAL OF AWARD RFP-08-39 CONNECTIONS NEWSLETTER DESIGN AND PRINT SERVICES TO COMMUNICATION INFRASTRUCTURE GROUP, LLC, EVERGREEN, CO, IN THE NOT TO EXCEED AMOUNT OF $58,800 ❑ PUBLIC HEARING ® BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ❑ YES Deputy City Manager EXECUTIVE SUMMARY: ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2No READING (mm/dd/yyyy) ® NO ~r City Manag Over the past two years, the City of Wheat Ridge has been making strides to enhance its image and identity through the creation of a new brand and marketing logo, development of the new City Website to be launched in December, and enhancement of the quarterly Connections newsletter. The City will continue efforts in 2009 to position the Connections newsletter as the number one source of printed information for citizens in Wheat Ridge. On October 28, 2008, eight proposals (8) were received. Three firms did not meet the initial submittal requirements and were disqualified. The evaluation committee short listed three (3) firms. Interviews were conducted. The overall number one ranked firm following the interviews was Communication Infrastructure Group, LLC (CIG). The award is based on qualifications, project approach, experience, product, and fee schedule. References were checked. Staff recommends award to CIG, in the not to exceed amount of $58,800. COMMISSION/BOARD RECOMMENDATION: A Commission/Board recommendation is not required for this project. STATEMENT OF THE ISSUES: Background In 2007, the City Council awarded the Interim Connections newsletter bid to Welch Creative Group. This award was extended to 2008. During this time, Welch Creative Group has provided the City with high quality graphic design services in the production of the quarterly Connections newsletter. As a result, the City is beginning to see a shift among citizens in looking to the Connections newsletter as a reliable source of information based on comments, e-mails and other feedback heard throughout the community. Between the results of the 2006 and 2008 Citizen Survey, the numbers of survey respondents using the Connections "1 to 2 times" and "3 to 12 times" has remained consistent. However, in the coming year, it will be critical for the City to continue to market the Connections newsletter among citizens in hope of seeing an increase in the use of the newsletter reported by respondents in the 2010 Citizens Survey. An important goal of staff is to continue to build on the foundation that has been created with the changes to the Connections newsletter. Through the change in the method of mailing, enhancement of content, the visual appeal, the City has enhanced outreach with the community. The Connections newsletter is the direct communication between the City and its stakeholders (citizens, residents, business community etc.). The newsletter is also an extension of the City's brand and serves to reinforce public perception. The Connections must be a high quality and professional publication without errors or inconsistencies. The communications philosophy of quality, consistency, and value that CIG will bring to the production of the Connections newsletter is superior. CIG has a solid understanding of the Wheat Ridge brand. Together, the City hopes to take the Connections to the next level of production making it an award-winning publication. A couple examples of CIG's experience in newsletter production that members of City Council are probably most familiar with are the RTD FasTracks District Director Newsletters and the RTD Small'Busines5 O'ppo'rtunity Office publications. It is important to note that CIG and their client, the City of Longmont Downtown Development Authority, received the first place Savvy Award in the brand development and marketing logo category; the same category in which the City of Wheat Ridge received second place. In 2009, four editions of the Connections newsletter will be produced. The quarterly Connections newsletter will be supplemented during the off months of the Connections with an E-Newsletter titled "Connected." This E-Newsletter will be an e-mail subscription list and a PDF copy will be available on the City Website. ALTERNATIVES CONSIDERED: No award of the Connections Newsletter Design and Print Services. FINANCIAL IMPACT: Funding for this project is included in the proposed 2009 Budget; this award is contingent upon approval of the 2009 Budget on December 8, 2008. The reason that staff is bringing this bid award forward at the same time as the adoption of the budget is based on the likelihood of one Regular Council meeting being held in December instead of two. Staff needs the month of December to transition and complete pre planning for the first newsletter in 2009. RECOMMENDED MOTION: "I move to approve Award RFP-08-39 Connections Design and Print Services to Communication Infrastructure Group, LLC, Evergreen, CO in the total not to exceed amount of $58,800." or, "I move to deny the approval of Award RFP-08-39 Connections Design and Print Services to Communication Infrastructure Group, LLC, Evergreen, CO for following reason(s): Report Initiated by: Heather Geyer, Assistant to the City Manager Report Prepared by: Heather Geyer, Assistant to the City Manager Report Reviewed by: Patrick Goff, Deputy City Manager Linda Trimble, Purchasing Agent ATTACHMENTS: I. Bid Tabulation Sheet 2. CIG Fee Schedule W oz 20 as W J 'Sm Q U. F On ~m U C N Q C N U Q w LL 9 m ~ } ~ O `I wwM w w C z cw7 o E 3 a rL o O ? LU Qw w~ f(7 ~ T a ? C) O o Z M r 00 zQ ~ co Qo 0 F, 09 w 00 ¢a oON U. 10 ~F W U w N F z 2 CL it w w w w z z O U w z z O U F v w O w a W M ~ M H ~ LLI z U w W g O N EL w z 0 Lli W V n¢ a) _Y O 0 Q w Q z > Q V W w Q J O Q Q ~ Z a U LL Q QO m U Q O Y z a U 2 N 3 (7 to Q d Q w LL w Q U 9 N N R F- m 4 LL m n W OZ ~O 1- Q W ~ H OD v~ C Q C _ L N U 0. m O E > ~ m o m~ m w m 015 C 3 O y a o W O w ~ U Jpp T ~ ~Z C Opp F OD p0 i Q c pa wCc F L w a a mLL o N r w mix m~ rc 0 W V W z a w w wW J W z z O H W z O U U W O N a W z W w w D w 0 > N d w >e Z LU 0 x 0 w > z o ° ° 9 a `w' o w a LLJ 0 ¢ C7 > H d U Q O Q U D d = Q O a Q j W = U W LL O w Q Q j 4 w w a O U Q 0 t m a m m P ATTACHMENT A RFP•0" CONNECTIONS NEWSLETTER PRINTING SERVICES PRICE SCHEDULE PROVIDE WEB PRINT PRICING PER THE BID SPECIFICATIONS AND DELIVERABLES. * NEWSLETTERS- Quantity 17,000 DESIGN COST PER PAGE PRINTING MAIL HOUSE ADDITIONAL 1,000 16 Pages (2 issues) $ . 98 $ 6,11)8 $ 1,200 $ 526 20 Pages (2 issues) $ 98 $ 7,336 $ 1,200 $ 608 4-page insert $ g8 $ 1,848 $ 1,200 $ 131 * After soliciting competitive bids, CIG has determined that the quantities in question are are more economical with sheet-fed printing. We believe the standard printing pricing wdve secured for this project is extremely competitive. Mall House cost does not include the price of postage as stated in page 5 of the RFP CHECK LIST The following information and forms must be included wifit your submittal in this order. Did you Include: YES NO • Signature Page (page 1) X • Acknowledge Addendum, if any Y, • Qualifications, Resumes, References X • Experience X • Approach, Samples X • Fee Schedule, AttachmentA _ X _ • illegal Allen Certification Form FIRM Communication Infrastructure Group, LLC AUTHORIZED SIGNATURE 44 2 O~ TITLE Owner/CEO DATE October 27, 2008 16 ATTACHMENT 2 City of wheat&dge ITEM NO: I I C REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 8, 2008 TITLE: APPROVAL OF PAYMENT TO CIRSA FOR DEDUCTIBLE PORTION OF CLAIMS PAID BY CIRSA FOR OCTOBER 2008 PROPERTY CASUALTY IN THE AMOUNT OF $449671.51 ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: ) ® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No -atJA - Deputy City Manager City Manr EXECUTIVE SUMMARY: The Colorado Intergovernmental Risk Sharing Agency (CIRSA) provides property/casualty and worker's compensation coverage for the City of Wheat Ridge. The city's deductible for property/casualty claims is $10,000 and for liability claims is $150,000. Uninsured losses and CIRSA deductibles are an authorized line item (01-610-700-782) designated in the 2008 budget. The October 2008 invoice for the city's deductible portions of property/casualty claims totaled $44,671.51. As outlined in Resolution 27-2002 all purchases over twenty-five thousand dollars ($25,000) shall be presented to the City Council for official decision and award. The monthly invoice from CIRSA for uninsured losses and deductibles varies based on the current property/casualty claims but is generally below $10,000 per month. Several claims were invoiced in October which accounted for the total amount due. Seventy-two percent or $32,192 of October's invoice is for the Cornerstone Group and the El Dorado Club liability claims. The Wheat Ridge Urban Renewal Authority recently settled the Cornerstone Group case and will reimburse the City for legal services in the amount of $102,325.73. The El Dorado Club case is scheduled for trial in February 2009. None STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: Uninsured losses and CIRSA deductibles are an authorized line item (01-610-700-782) designated in the 2008 budget. A supplemental budget appropriation will be required before the 2008 financials are closed in the amount of approximately $120,000 to authorize adequate appropriations to cover all 2008 uninsured losses. The city is anticipating reimbursement in the amount of $102,325.73 in 2008 from the Urban Renewal Authority for legal services for the Cornerstone Group liability claim. RECOMMENDED MOTION: "I move to approve payment in the amount of $44,671 portion of claims paid by CIRSA. or, 51 to CIRSA for thebctober 2008 deductible "I move to deny payment in the amount of $44,671.51 to CIRSA for the October 2008 deductible portion of claims paid by CIRSA, for the following reason(s) Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: October 2008 Deductible Portion of Claims Paid by CIRSA Statement CIRSA Bill to: City Of Wheat Ridge Attn: Patrick Goff 7500 West 29th Ave. Wheat Ridge, CO 80033 Date 11/14/2008 INVOICE# 081663 Net: 45 Days October 2008 Deductible Portion of Claims Paid by CIRSA To request copies of claims check, please call or fax claims clerk. All deductible questions, please refer to CIRSA's Finance Department. AMOUNT OF LOSS CLAIM NUMBER REFER TO WITHIN YOUR OLD/NSW DATE OF LOSS CHECK NUMBER DEDUCTIBLE 04001386 11/15/04 41132-41134.41199.41285- $21,856.71 04001386 11/15/04 41289 $0.00 5004739 01/02/07 41308.41309.41383 $10,334.80 5009528 08/18/08 41276 $10,000.00 5009545 03/05/08. 41295-41298.41373 $37,00 509840 09/22/08 41274 '$2,443.00 0 -TOTAL DUE $44,671.51 PLEASE REMIT YOUR PAYMENT TO CIRSA Department 543 Denver, CO 80291-0543 Payments received after 45 days will accrue interest at the Prime Rate ATTACHMENT I m m m V O v m m m o_ m ° ° ° a 0 a a a 0 m a 0 0 ~ o 0 3 $ 3 W W w N W m (O w e N o V m ~ N w 8 ww w w m ~ Om A o 4 a A m m m m Is m ~ o o $ N W 3 C ~ a m t3 op Co n m 3 C i 0 0 N 0 ON 0 0 z 0 ~ Of 0 N 0 QS m m 0 0 N 0 m N W 0 f3 0 ro N 0 ~ p 0 m m 0 o N 0 m W 0 0 N 8 (D W 0 0 po pf W 0 3 C m ~ 6 z O r N O m N O O 0 N ~ m W N V 0 m m A N W p Ap N m m III y '1L1 p O N N S p~ O 0 O 0 O 0 O pppp 0 O 0 O 0 O 0 O 0 O m A N m N N w m Oi m w w m W W w 0 W 0 W 0 W N W O w V Sil V N V ml V N V S11 V f l V f l V S11 V UI N 8 N O N O N o N $ p N N N N O N o N 0 N 0 N O f N O f N o N 0 N 0 m V V p V O w O w 0 0 O D O g gyy O ~ ~ ~ 'o '0 ~ V D D D D D D D D v o v v v o 0 0 o v v v o v o v o m m m 9 5 0 0 0 0 0 0 " 0 8 m 0 0 0 3 3 3 3 3 3 3 3 3 ¢ ° $ m m m m p m~ m a n n a o n a > B S o m m m c c c m m > W m 'm m' W m m m W a a a Z C C C C a C a C a C a C a C a m,~ O -Ow ~ -On :m V 'W V 9 9 'O II 9 Ory O~ O~ O O O O O ` ` \ \ \ \ o ° p mp o ° p m S °o $ o O o 8 N 0 0 6 o nS3 m m m V ~ V w w A o A A A o A 0 A A A A a s r A A m p m m m m m m m 0 o f £ F m $ O 0 0 0 0 0 0 0 o > ; if 9 r r r r r r a m m m > > > m m m m ~ r [n [n x $ 9 9 m m m m O O O r r r m m r r r r r m G) Q G) O O O y m C $ g $ y y 1 1 1 n W 41 3 3 3 A , D ~ r m m. 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Adopting the regular meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary. The proposed 2009 City Council Calendar includes Study Sessions on the first and third Monday of each month and Regular Council Meetings on the second and fourth Monday of each month. It is recommended that Certain City Council Meetings that conflict with observed City Holidays or other known events during the year be cancelled. Included in this calendar, for your convenience, are regularly scheduled Board & Commission Meetings, all observed City Holidays, and the April 4s' Strategic Planning Retreat. These events, however, are not adopted or changed by this Council motion. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The regular meetings of the Wheat Ridge City Council are based on the City Council Rules and the City Charter. It should be noted that three Study Sessions in January, February and September and one Regular Council Meeting in May that fall on holidays when the City is closed are recommended for cancellation. In addition, the November 2nd Study Session is recommended for cancellation as it falls on the eve of the Municipal Election of November P when the Council Chambers will be set up for use as a Polling Place the following morning. Recommended Cancelled Meetings: Study Session, January 19th, Martin Luther King, Jr. Day Study Session, February 16th, President's Day City Council Meeting, May 25th, Memorial Day Study Session, September 7`h, Labor Day Study Session, November 2"a, Eve of Election Day ALTERNATIVES CONSIDERED: Alternative l: Amend the proposed calendar within the parameters of the current Council Rules and Charter. Alternative 2: Do not adopt the 2009 City Council Regular Meeting Calendar FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to adopt the 2009 City Council Regular Meeting Calendar." or, "I move to deny the adoption of the 2009 City Council Regular Meeting Calendar for the following reasons ATTACHMENTS: 1. Proposed 2009 Wheat Ridge City Council Calendar ~ .-i ~ .w N N M qq N I~tiN1V K ~OmryN C J ~ mmami~i N N N t- mOAN ~ NNti~ y Ol ti M N O M N m tiN(~1 a a r ie~e V' m t .rw.inirJn 3 ~HN~ 9 . 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Staff recommends that City Council cancel this meeting as there are no significant agenda items at this time to bring forth to the Mayor and City Council. N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move that the Monday, December 22, 2008 City Council meeting be cancelled." or "I move to deny approval that the Monday, December 22, 2008 City Council meeting be cancelled, due to the following reason(s): " Report Prepared by: Patrick Goff, Deputy City Manager ATTACHMENTS: None r~ City of Wheatj~idge ITEM NO: -01 t REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 8, 2008 TITLE: COUNCIL BILL 20-2008 - AN ORDINANCE AMENDING CHAPTER 10 OF THE WHEAT RIDGE CODE OF LAWS TO PROVIDE A PROCESS FOR THE CREATION AND ADMINISTRATION OF COMMUNITY BENEFIT DISTRICTS ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: 11 YES ❑ ORDINANCES FOR 1sT READING (11/24/2008) ® ORDINANCES FOR 2ND READING (12/08/2008) ® NO C-F ~ q City Manager EXECUTIVE SUMMARY: In 2005, the City Council commissioned the Neighborhood Revitalization Strategy (NRS), which was subsequently adopted as an amendment to the City's Comprehensive Plan. The NRS strongly recommends revitalizing certain parts of the community through reinvestment in various commercial corridors and strengthening neighborhoods. These revitalization efforts may in some instances require physical reinvestment in improvements such as streetscape amenities. The efforts to strengthen neighborhoods may also require physical improvements as well as neighborhood organizations to provide coordinated services. In an effort to facilitate these revitalization efforts, Wheat Ridge 2020 (WR2020) in cooperation with City Staff has drafted an ordinance that would allow for the creation of Community Benefit Districts (CBDs). A Community Benefit District is a tool allowing for property owners to initiate a process to fund special benefits, improvements and activities in specified geographic areas. COMMISSION/BOARD RECOMMENDATION: None required. STATEMENT OF THE ISSUES: The NRS recommends that the City proactively facilitate redevelopment of our major commercial transportation corridors and strengthen some of the City's residential neighborhoods. The NRS also recommended the creation of a non-profit community redevelopment agency to help facilitate revitalization efforts and coordinate with neighborhoods. WR2020 was created as that redevelopment agency approximately 3 years ago. WR2020 contracted with New City America, a consulting firm that specializes in the creation and management of local improvement districts, to determine what the appropriate district tool would be for the City of Wheat Ridge to be able to foster various redevelopment efforts. Over the course of several months of meetings with WR2020 staff, City Staff and community members, a Community Benefit District (CBD) has been proposed as a new local district mechanism for the City of Wheat Ridge. CBD is a tool that could be used in commercial districts, residential neighborhoods or in mixed use districts. Following is a summary of some of the highlights of the proposed ordinance. - CBDs are property owner initiated by a minimum of 35% of the "weighted majority" of the property owners within the district signing a petition meeting specific requirements. - "Weighted majority" is based on responsibility for paying the proposed assessment. - CBDs could provide services such as trash collection or enhanced maintenance as well as promotional activities such as advertising or management of special events. CBDs could also provide funding for enhancement of physical improvements both in the public right of way or within private property that provides a common benefit to the district. - Services, activities and improvements proposed by a CBD would be required to be consistent with the City's Comprehensive Plan and other City Council approved policy documents. - City Council would be required to approve the formation of any future CBD by Ordinance. - Prior to City Council's consideration of an ordinance forming a new CBD, all property owners within the proposed boundaries of the CBD would be mailed ballots to "vote" regarding their support of the formation of the CBD. - If the mail ballots demonstrate that more than 35% of the weighted property ownership do not support formation of the CBD, then City Council could not approve the formation. - The amount of and methodology for determining the assessments would be as established within the petition. - Districts could also be disestablished through the same general mechanism used for their establishment, provided the district has no outstanding financial or maintenance obligations or liabilities. ALTERNATIVES CONSIDERED: Colorado State Statutes allow for the creation of various special districts, including but not limited to: special improvement districts, general improvement districts, metro districts and business improvement districts. These existing tools were reviewed but none were determined to be the perfect fit to address the goals of providing improvements, services, marketing, etc. in both residential and commercial districts. The City and County of Denver, which has its own locally created improvement district tools was also consulted to assist in determining some of the specifics of the proposed Wheat Ridge CBD. FINANCIAL IMPACT: Some City staff time would need to be expended in reviewing and analyzing petitions to form districts and their annual work plans. Staff review would be most critical if a district was to be proposing improvements within the public right of way or on other public property. Ongoing management of CBDs is anticipated to be handled by an outside management company (required to be a 501(c)3, not the City. RECOMMENDED MOTION: "I move to approve Council Bill 20-2008, an ordinance amending Chapter 10 of the Code of Laws to provide a process for the creation and maintenance of community benefit districts on second reading, and that it take effect 15 days after final publication." or, "I move to table indefinitely Council Bill 20-2008 for the following reason(s): ATTACHMENTS: 1. Proposal from New City America on Community Benefit Districts 2. Council Bill 20-2008 PROPOSAL TO WHEAT RIDGE CITY COUNCIL ITV THE ADOPTION AND IMPLEMENTATION OF A NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT ORDINANCE CREATED TO BRING ABOUT MORE VIBRANT BUSINESS DISTRICTS AND BEAUTIFUL NEIGHBORHOODS IN THE CITY OF WHEAT RIDGE COLORADO DOCUMENT PACKAGE FOR C.B.D. PROGRAM IMPLEMENTATION IN THE CITY OF WHEAT RIDGE PRESENTED BY WHEAT RIDGE 2020 AND NEW CITY AMERICA, INC. August 26, 2008 PART I - OVERVIEW PART II - QUESTIONS AND ANSWERS ON THE CBD DISTRICT PAGE S PAGE 4 Part III/ Features of the new Wheat Ridge Community Benefit District Ordinance Page 9 PartIV/ The Path to get started, First Steps in the Investigation of the Wheat Ridge C.B.D. Page 17 Part V/Small Business Commission Determination of Eligibility For CBD Investigative and Formation Grants Page 19 Part VI/Stakeholder Formation Process Part VII/Management of the District Part VIII/Sample Documents Page 20 Page 21 Page 22 2 PART 1 - OVERVIEW Wheat Ridge 2020 has been charged to advise the City of Wheat Ridge on developing strategies that can be embraced by the citizens to expedite the revitalization of Wheat Ridge. As Wheat Ridge enters the 21St century, it must take specific and concrete steps to ensure continual economic development, promote home ownership, facilitate the halting of sales leakage and most importantly, make Wheat Ridge a more "livable" and desirable place to live, work and visit. A part of this process, Wheat Ridge 2020 has looked at various financing mechanisms that would fund "special benefit services", or those services that create a better physical, commercial or aesthetic environment for business districts and neighborhoods alike. Since Wheat Ridge has no "mixed-used" districts, per se, these financing mechanisms must also anticipate the creation of these new types of land uses. Therefore, the old financing tools that had been used and created in the 20th century, may not be applicable here. We must look at where this city is going in the next 15 years and build the governmental systems and legislative tools to promote new development. With this in mind, Wheat Ridge 2020's Executive Director Rob Osborn and their consultant, New City America, Inc., are presenting this "kit" or overview of how Wheat Ridge can adopt new legislative tools to facilitate revitalization as well as propose how these tools might be strategically used. We will concentrate this discussion on the creation of a new Wheat Ridge Community Benefit District ordinance, which will blend many forms of legislation currently on the books, but will put the responsibility for formation in the hands of the benefiting business and property owners. The City Council will still have a role in approving these districts through a public hearing process, however the City Council will in essence "sanction" the decision of the affected property owners and vote to levy the assessments on the benefiting parcels in order to fund the special benefit services desired. 3 PART II - GENERAL QUESTIONS AND ANSWERS REGARDING THE NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT (CBD) ORDINANCE AND FORMATION PROCEDURE The following represents general questions and answers that potential applicant groups may have regarding the formation of a new CBD district in the City of Wheat Ridge..... What is a Wheat Ridae CBD? In brief, the proposed CBD district is a locally established special benefits district. The district functions to create a stable revenue source that is established by a vote of the affected property owners and the adoption of an ordinance by the Wheat Ridge City Council.. In order to establish the district, the Wheat Ridge City Council must hold a public hearing to gauge the level of support of the weighted property owners in the district. Similar districts are sometimes called Property Business Improvement Districts, Business Improvement Districts, Maintenance Districts or Special Assessment Districts. In Wheat Ridge, the new enabling ordinance known as the Community Benefit District, (CBD), ordinance of 2008 has been adopted to provide local enabling legislation for motivated business district property owners or neighborhood stakeholders. Why would anyone want to pay more money, isn't the City supposed to be providing these services? Cities in the U.S. tax their citizens through a number of means, (property taxes, sales taxes, hotel taxes, enterprise taxes, special revenues), and allocate them to deliver general benefit services. These services are evolving historically but normally include police, fire, transportation, sewer, water, planning and zoning, streets, lighting, social and cultural affairs, environmental issues, trash and refuse, housing, etc. These services do not and cannot respond to the special needs of a given neighborhood or business district. To respond to those special needs, including sidewalk sweeping, sidewalk snow removal, steam cleaning, rapid removal of bulky items and graffiti, responding to illegal encampments, additional security, maintenance of public order, states and localities have adopted special enabling legislation which allows motivated property owners to pay assessments to fund special benefit services. These special benefit assessments are probably the most efficient and effective funds to be paid since they must stay in the district, by law, and are managed by a locally based non-profit corporation made up of those being assessed. These assessments can provide the special benefit services desired in each and every business district and neighborhood, but those funds will not be funded or controlled by the City. What "special benefits" can the assessment district fund? The special services to be funded are spelled out in the local enabling ordinance or legislation. They can only legally include those services over and above what a City will normally provide through the general fund. Such special benefit services may include: ■ Enhanced cleaning of the public rights of way, sidewalks and gutter; ■ Sidewalk snow removal; ■ Steam cleaning of the sidewalks of the district; • Capital improvements in the business district or neighborhood; • Removal of trash and bulky material; • Security services over and above the services of the local police force; ■ Parking services or transportation related services; ■ Economic development; ■ Special lighting; ■ Business attraction and retention and structuring a proper commercial mix; • Graffiti removal; • Advocacy; ■ Instituting policies that deal constructively with vagrancy, illegal encampments and panhandling; ■ Administration and advocacy on behalf of business districts or neighborhoods ■ Beautification and decorations; ■ Tree maintenance, planting, watering, etc; ■ Marketing and promotion (in business districts only); ■ Special community or neighborhood fairs, festivals or events; • Public space development and maintenance; Can the City replace its -general benefit services in that district once the special benefits district is formed? In nearly all cases, property assessment districts only fund special, not general benefits. General benefits are those allocated to all parcels in the City and funded out of public or general fund revenues. These general benefits will not be replaced or discontinued by the City. 5 However, Experience has shown that once the assessment district has been formed, the private property owners in the district leverage the existing general benefits provided by the City and promote the special benefits as an enhancement to these general benefits. This is due to the fact that the property owners are now organized and can implement things such as trees and new trash cans and the CBD assessment revenues can maintain additional trash cans, with the understanding that these improvements would be accessories to or in addition to the general benefits or capital improvements which are funded by the City. What allows the district to be formed and how is it done? The district is normally initiated by a group of motivated property owners within a given neighborhood or business district. Experience tells us that a core of property owners representing at least 15 - 25% of the potential assessment weight of the district, is necessary to initiate the investigation. This group will then approach Wheat Ridge 2020 to get information related to formation and the function of the special benefit services district. If the group determines that there is support for the establishment of a district it must file a petition with the City to seek establishment. The petition must be filed with the City Clerk's office and signed by owners of at least 35% of the assessed weighted properties within the proposed district. The petitions shall be weighted based upon the dollar amount to be paid by the property owner who submits the petition, within the proposed District. The petition shall include at a minimum, a summary of the following items: 1. Proposed scope of services of the district, and identification of how the services meet a broader goal of the City's Strategic Plan, Comprehensive Plan, Neighborhood Revitalization Strategy, Park and Recreation Plan, Sub Area Study, or any other plan or policy adopted by the City which promotes Community and Economic Development prosperity. 2. Proposed assessment area map, specifying the boundaries of the proposed CBD. 3. Proposed term of the district in years, if any; 4. Special benefits to be funded within the district. 5. Assessment methodology. 6. Policy for any assessment exemptions in the proposed district. 7. Outline of proposed capital projects that the assessments shall fund. 8. Proposed management structure of the district by an existing or the establishment of a new 501(c) 3 organization. 6 9. Proposed Management plan identifying how the district shall administer projects and programs outlined in the petition. 10. Any other criteria that City Manager deems relevant and appropriate with respect to the purpose of the proposed district and City's Strategic Plans. The petition would trigger a mail balloting procedure that would demonstrate support among the affected property owners. The mail ballots, , are due at the public hearing and would advise the City Council on the level of support for creation of the district. The ballots shall be weighted based upon the dollar amount to be paid by the property owner who submits the ballot, within the proposed District. Once the mail ballots have been tabulated and they demonstrate that the weighted majority of return ballots support establishment of the District, the Council may vote to consider to adopt an ordinance for the creation of a district and to levy the assessments on the benefiting parcels through the public hearing ordinance adoption process. This process will ensure a fully disclosed, participatory approval process. How Iona does this process take? The process can take as little as 8 months and as long as 2 - 3 years. What is most important is that the affected community understands the proposal and the boundaries are set around a weighted majority who desire the services to be funded by the district. Can the district be formed any time during the year? Yes, however it is best to coordinate the formation process so the public hearing is completed to coincide with the annual property tax cycle. This is suggested so there is not such a long delay in approving the district and receiving the revenues from the first property tax bills. How are the CBD assessments collected? All property owners in the CBD shall be assessed unless explicitly excluded pursuant to the CBD plan. CBD assessment schedules listing each property in the CBD shall be compiled annually and shall be assessed by the CBD in the manner set forth in the CBD plan. Unpaid assessments shall be a lien on the property for which the assessment is unpaid. The CBD or the city may foreclose on the lien in order to recover the assessment due. The foreclosing party may also recover the administration cost of collection. 7 Is there a minimum amount that should be generated by the district? Though there is no legal requirement for assessment revenue generation, practice tells us that a minimum of $ 150,000 in a business district and $50,000 in a neighborhood should be generated in order to make a difference. The idea of the district is to have the special services put a dent in the problem that the district or neighborhood may face. A rule of thumb is that the CBD should generate enough revenues to make a positive impact in the community, however should not be an unreasonable burden to the majority of benefiting property owners in the district. Once established, must every parcel in the district pay? Unless specifically mentioned in the plan, every single parcel owner must pay into the district. In addition, parcels owned by tax-exempt designated organizations may be exempt from paying property taxes but may not necessarily be exempted from the assessment district. Usually, the only way to be exempted is to demonstrate that no benefit will be received from the special benefit services funded by the district. How long can the district last once established? In Wheat Ridge, the CBD ordinance will have no set term. This is to allow property owners to determine if they wish to fund long term capital improvement projects that will provide special benefit to their district. The district can be formed for any amount of time,. How could a district be disestablished if it is not functionina as envisioned? Local ordinance shall provide for the process for disestablishment of the CBD pursuant to an annual review process. Each year that the district is in existence, there will be a 30-day period during which the property owners will have the opportunity to request disestablishment of the district. Within that 30 day period, if the owners of real property who pay 35% or more of the assessments levied submit a written petition, the CBD district disestablishment procedure may be initiated. The Wheat Ridge City Council will hold a public hearing on disestablishing the CBD prior to actually doing so. At the public hearing, City Council shall consider the district's request for disestablishment and determine if the district has any long term liabilities, or responsibilities created pursuant to the original purpose of the district, that may prohibit disestablishment. If Council finds that such liabilities or responsibilities exist, it may vote to not allow disestablishment, or take action to commit to work with the district to devise a disestablishment plan that outlines the time period for continued assessments based on the existing and identified future 8 liabilities and responsibilities of the district. The plan shall clearly identify obligations of the district to extinguish its liabilities, and verify that the City will not be required to provide continued services of special benefits to the district. Thus the disestablishment procedure is no more difficult than the provisions of the establishment procedure. Due to its long term nature, this new ordinance allows for the growth of landscaping, its maintenance as well as creation of new public spaces and economic development strategies related to revitalization that create a more permanent improvement to the area. If there is debt against the district, the district cannot be disestablished. All financial obligations in the form of bonds or loans for capital improvements, must be paid off before the district can be disestablished. Who controls the funds once the district is established? A non-profit corporation is usually established once the district has been created. The non-profit corporation is normally comprised of board members representing the property owners paying into the district. Alternatively, a district can create an Advisory Board that focuses on the goals of the district, but places management and day to day oversight with a separate organization. The Advisory Board could form a management agreement with an existing corporation such as Wheat Ridge 2020. The management agreement shall identify the annual service fee and terms of the district's management. The independent non-profit CBD management corporation, or Wheat Ridge 2020 would then enter into a contract with the City, through the City Manager's office, to administer the district on behalf of the stakeholders. This annual contract will outline the programs and projects the CBD desires to implement and provide project analysis data to identify how the use of the assessed funds are meeting the district's purposes. Can the City withhold the assessments from the District? By law, the assessments generated within the district must be allocated to fund special services within the district. However, the district can not use the generated assessments for purposes outside the scope of the district's defined mission as presented in its original establishment petition. On an annual basis the District must present a work plan to the City as outlined above, to verify the plan meets the district's purpose. It the plan is contrary to the district's purpose the City may withhold a portion the generate assessments that do not meet the district's goals. The withheld assessment must be placed in an interest bearing escrow account and made available to the district upon presentation and approval of an amended annual plan 9 approved by the City. Additionally, the City cannot withdraw its current baseline level of services with the assessments since the district can only fund "special benefits". Once established, can the City increase the assessments? By ordinance, the only changes in the annual assessment methodology must be pre-determined and placed in the CBD plan for the district. The City cannot arbitrarily increase the assessments because they are not funds created by or controlled by the City. Normally, only land use changes or a pre-determined CPI amount as included in the plan will allow for higher assessments in the district. Will the establishment of Community Benefit Districts create additional staffing burdens and resource allocations to the City? Currently, the City is working with neighborhood leaders and citizens on an individual basis. The City is currently handling citizen's needs or inquiries in a reactionary process. This process does not help implement the city's long term plans and goals in a strategic method, and often requires the involvement of many levels of City administration and Council. Often, putting out fires takes greater priority over implementation of long term plans. City officials are expending considerable time implementing enforcement activities in the community related to code infractions on private property, infrastructure development and maintenance in public rights of way, and crime prevention in many areas of the community. The need for services and costs to provide them will increase as time continues. The need to provide these services will not get resolved unless the city has partnerships with stakeholders in our neighborhoods. The CBD model provides that partnership. It engages citizens to promote self help activities for the betterment of the community, consistent with the city's goals for Community Development as outlined in the Neighborhood Revitalization Strategy. The CBD format provides a revenue source that can be used to provide the special benefits desired by engaged citizens within a district. The City Staff will have the ability to work with vested stakeholders in the community who can assist in maintaining public rights of way, working with the district members to alleviate code infractions, and maintain communication to promote safer and better organized neighborhoods. The work of the City Staff will not decrease, but it will change. It will transition form enforcement and reaction to strategy and implementation. The CBD process will enable the city to work with the stakeholders to implement the 10 plans it has adopted and also invite citizens who desire special services to organize and assist in the provision of such services. Written by: Marco Li Mandri New City America, Inc. Rob Osborn, Esq. Wheat Ridge 2020 11 Part III/ Features of the new Wheat Ridge Community Benefit District Ordinance The following represents an overview and summation of the key elements that should be included in the new Wheat Ridge Community Benefit District ordinance. The features include steps for formation and are consistent with the Colorado State Constitution. We have included some existing Denver ordinances as a model as to what a "home rule" city can do. 12 Business Local Local New Wheat Improvement Improvement Maintenance Ridge District District District Community Benefit District Legislative CRS 31-25-1201 Denver Charter Denver Charter City Council Authority to 1228 7.6.1 - 7.6.20 7.7.1 - 7.7.19 adoption Purpose To expedite Constructing or Care, operation, To expedite commercial installing any security, repair, neighborhood, revitalization public maintenance mixed-use, or programs improvement and commercial through funding replacement of revitalization special benefits pedestrian and programs including transit malls through funding improvements special benefits and activities: including Marketing and improvements promotions, and activities: special events, Marketing and security, snow promotions, removal, fund special events, public security, snow improvements removal, fund and their development of maintenance, public space, etc. public improvements and their maintenance, paying for administration and non-profit management expenses, etc. Powers -To have Constructing or Care, operation, To have perpetual installing any security, repair, perpetual existence; public maintenance existence; -have and use a improvement and -have and use a corporate seal; replacement of corporate seal; -sue and be pedestrian and -sue and be sued; transit malls sued; -enter into -enter into contracts, contracts, -borrow money -borrow money and issue and issue negotiable negotiable bonds; bonds; -provide special -provide special benefit services benefit services listed above; listed above; -acquire, -acquire, construct, construct, finance and finance and 13 install install improvements; improvements; -dispose or real -dispose or real and personal and personal property; property; -have -have management management control and control and supervision of supervision of affairs of the affairs of the district; district; -to fix and -to fix and increase or increase or decrease rates; decrease rates; power to levy ad power to levy ad valorem taxes; valorem taxes; -special -special assessment assessment power power 14 Business Improvement District Local Improvement District Local Maintenance District New Wheat Ridge Community Benefit District Creation and 1. Initiated by a 1. Initiated by a 1. Initiated by a Initiated by a establishment petition filed petition filed with petition filed with petition filed with with the clerk of the manager of the manager of the City Clerk's the governing Public Works, Public Works, office signed by body signed by signed by not less signed by not less owners of at owners of at than 35% than 35% least 35% of the least 50% of the property owners property owners assessments to assessed of the of the be paid into the valuation and at municipality who municipality who district. least 50% of the own real own real districts land property in the property in the The petition shall area; district district include a 2. Petition shall 2. Hearing by 2. Hearing by summary of the set the name, the Manager of the Manager of management description of, Public Works Public Works plan which boundaries and 3. Ordinance 3. Ordinance specifies the service area, establishing establishing boundaries of description of district district the proposed types of services CBD; term (if and/or any); special improvements benefits to be funded; benefit zones if any; assessment methodology; any exemptions; capital projects, management of the district. The petition would trigger a mail balloting procedure that would demonstrate support among the affected property owners. The mail ballots, which are advisory, are due at the public hearing and would advise the City Council on the level of weighted support for 15 creation of the district. Once the weighted mail ballots have been tabulated and they demonstrate support for the establishment of the CBD, the Council may vote to consider an ordinance creating a district and to levy the assessments on the benefiting parcels. This process will ensure a fully disclosed, participatory approval process. 16 Business Local Local New Wheat Improvement Improvement Maintenance Ridge District District District Community Benefit District Governing Body -City Council, None Board of Proposed that -Board of Directors (5) either Wheat Directors by appointed by Ridge 2020 or a Council, Five the Mayor new non-profit members from organization of the electors of the property the district; owners paying -Council may into the district provide by enter into a ordinance that contract with the the governing City Manager to body of a URA, administer the DDA or GID serve district on a day as the acting to day basis board Duration Perpetual Perpetual Perpetual P Bond Authority Interest bearing Interest bearing None Not determined bonds derived bonds derived yet from general ad from general ad valorem taxes of valorem taxes of the district, first the district, first approved at an approved at an election election Taxing Power Levy and collect None None None, on ad valorem taxes property tax bills Fees Fix rates, tolls, Assess costs of Assess costs of Not determined charges for any improvements improvements as of yet services or against property against property improvements specially specially furnished by the benefited. Use benefited. district of revolving fund. assessments 17 COMPARISON OF ASSESSMENT DISTRICTS THROUGHOUT THE STATE AND COUNTRY Area District Year Petition Sunset Legislative Adopted Services Allowable Required? Provision Name Arizona Property 1990 Landscaping, Security, No None Business Imp. Economic District Development, Advocacy, Marketing and Promotions, Parking, Cleanu , etc. New Jersey District 1984 Landscaping, Security, No None Management Economic Act Development, Advocacy, Marketing and Promotions, Parking, Cleanu , etc. New York Business 1980 Landscaping, Security, Not None City Improvement Economic specified, District Act Development, petition Advocacy, Marketing based and Promotions, upon Parking, Cleanup, etc. assessed valuation, consensus regd. California Landscaping 1972 Landscaping, No None (Streets and and Lighting Lighting, Highway Act Minor Capital Code Improvements California Property 1994 Landscaping, Security, 50% of 5 years (Streets and Business Economic weighted Highway Improvement Development, property Code) District Act Advocacy, Marketing owners and Promotions, Parking, Cleanu , etc. San Diego, Maintenance 1998, Landscaping, Security, No None CA Assessment Amended Economic District in 2003 Development, Advocacy, Marketing and Promotions, Parking, Cleanup, etc. 18 Area District Year Petition Sunset Legislative Adopted Services Allowable Required? Provision Name Los Alpha PBID April 2000 Landscaping, Security, 30% 10 years Angeles, Economic weighted CA Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanup, etc. Oakland, Business Imp. November Landscaping, Security, 30% 10 years CA Maintenance 1999 Economic weighted District Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanup, etc. San San Francisco February Landscaping, 30% 15 years Francisco CBD 2003 Landscaping, weighted Ordinance Economic property Development, owners Security, Advocacy, Marketing and Promotions, Parking, Cleanup, etc. Wheat Community Pending Landscaping, Security, 35% of None Ridge Benefit District Economic weighted (Proposed) Ordinance Development, property Advocacy, Marketing owners and Promotions, Parking, Cleanup, etc. (also possibility of funding minor capital im rovements 19 PART IV -THE PATH TO GET STARTED FIRST STEPS IN THE INVESTIGATION OF THE WHEAT RIDGE C.B.D. The following represents the steps a stakeholder group or interested party of property owners must take to implement the creation of the special benefit services under the CBD ordinance: A. Community or stakeholder group steps in investigating a CBD district: 1. Identify a key group of property owners, large and small, including business tenants in the targeted district. If it is a residential oriented district, identify larger and smaller property owners to give the lead group the proper mix; 2. Designate an existing local organization or create a new group to serve in the capacity of the CBD Steering Committee. The Committee would be open to all interested parties; 3. Request a Wheat Ridge CBD Kit from Wheat Ridge 2020 or the City, review the kit and discuss the feasibility of formation of a special benefits assessment district among Steering Committee members; 4. Review the sample budget of district and plan, (attachment B); 5. Send a letter of support to the Wheat Ridge 2020 staff expressing interest in investigating establishment of a CBD. List Steering Committee members by name, property owned and have them sign the letter to the Wheat Ridge 2020 Board. Send copy of letter to the City Manager. (List should have at least 8- 10 significant property owners name attached). See attachment A at end of packet for sample letter. 6. Wheat Ridge 2020 staff will then determine the designation of the applicant group as eligible to receive an investigative grant from Wheat Ridge 2020 based upon pre-determined criteria. A letter is sent from Wheat Ridge 2020 staff to applicant group explaining the decision and availability of funds. B. Investigation of CBD District by Steering Committee: 1. Use in-house Wheat Ridge 2020 CBD consultant or staff to work with the client group to conduct investigation with elements of plan, (boundaries, budget, priorities), set by Steering Committee; 2. Requirements of investigation shall include: a. Develop property database including property variables and property owner information in full database. Identify largest, weighted, property owners and contact them, if at all possible; 20 b. Conduct one written survey mailed or hand delivered to each affected property owner in the proposed district. Focus groups among significant portions of the community may also suffice for this outreach process; C. Tally the results of survey responses or focus groups and plot them on a parcel map; d. Set boundaries based upon level of conceptual support for establishment of CBD district based upon Steering Committee decisions; e. Expand Steering Committee based upon survey results and expressed desire to be involved in the CBD formation process; 3. Deliverables to the Wheat Ridge 2020 to conclude investigative phase of CBD district: • Present parcel map with preliminary boundaries ■ Present database of all property owners in the proposed district including all property variables that have been collected; ■ Present tally of survey results demonstrating support and opposition of the CBD district investigation; ■ Present preliminary budget; • Present preliminary assessment methodology to fund special benefit services; 21 PART V - WHEAT RIDGE 2020 DETERMINATION OF ELIGIBILITY FOR C.B.D. FORMATION GRANTS: The following represents the steps the Wheat Ridge 2020 will take in determining the eligibility for formation grants and allocation of staff time to implement the CBD district in the applicant community. The applicant group: • is acknowledged through a City Council member's office as legitimate with a community base; or ■ is acknowledged through the City Manager's office as a legitimate group with a community base; or • is new, however has an established base of property owners in the district; or ■ is part of the Wheat Ridge Business District or another acknowledge city group; or • is acknowledged as a member of the visitor related industry; or • has been designated by the Wheat Ridge 2020 staff as an acceptable applicant for the CBD district formation grant program; 22 PART VI. STAKEHOLDER RESPONSIBILITIES IN C.B.D. DISTRICT FORMATION PROCESS: Once the Phase I Investigation has been completed based upon the conditions listed above, the Steering Committee may request further assistance from Wheat Ridge 2020 staff to complete the CBD formation process. This formation effort will include everything including the development of the management plan, petition and mail balloting/public hearing phase. The tasks entailed in this phase of the formation process shall include: ■ Expansion of the CBD Steering Committee; ■ Finalize boundaries based upon input from the CBD Steering Committee; ■ Submit database to appropriate City office to verify property variables; ■ Finalize benefit zones if any; ■ Finalize services plan; • Finalize assessment methodology; • Determine if any parcels would be exempt or have their assessments reduced due to tax-exempt status; ■ Demonstrate good faith outreach efforts to affected stakeholders; ■ Complete CBD management district plan, include term of district (if any)within plan. Also determine whether any CPI factors will be included to allow for growth of the district; • Adopt final plan; • Submit plan for verification, review and approval by the City Attorney's office. • Initiate 35% weighted petition drive based upon Steering Committee and City Attorney endorsement of the plan; ■ Complete petition drive once minimum of 35% weighted threshold has been reached, submit petitions to the City Manager. Strive to get up to more petitions of support prior to the mail balloting process; ■ Work through City Manager and staff to bring CBD to a public hearing for district to Wheat Ridge City Council; ■ Work with City Clerk's office to conduct the mail ballot proceeding and encourage voting turnout by affected property owners. ■ Coordinate public testimony at public hearing; Once votes are tallied and weighted returned ballots demonstrate support for district formation, the City Council will then adopt an ordinance levying assessments on the benefiting parcels as per the adopted management plan. The CBD Steering Committee will then work with Wheat Ridge 2020 and the City Attorneys office on designation of Wheat Ridge 2020 as non-profit management group. If not Wheat Ridge 2020, the stakeholder group must demonstrate approved bylaws as tax exempt corporation by State of Colorado, proof of insurance and selection of interim Board of Directors. 23 PART VII. MANAGEMENT OF DISTRICT Based upon its existing contract with the City, the first preference of a management corporation should be through Wheat Ridge 2020. If this is not acceptable to the stakeholders, than the following should determine the requirements for administration of the CBD district. It is suggested that the management corporation either is, or be established to fit the following conditions: a. Is formed as a 501©(3) public benefit, charitable non- profit corporation in order to maximize its ability to receive private and public grants; b. Has large, small and varied land us property owners on the Board of Directors; C. Adheres to provisions for open Board meetings; d. Identifies legitimate service providers through open bidding process. e. Provides an annual audit conducted by third party CPA firm and submits to City and members; f. Submits quarterly reports to the City Manager; g. Establishes functional e-mail and web site to facilitate communication to members and public; h. Encouraged to meet regularly with other CBD or similar organizations; 24 PART VIII - SAMPLE DOCUMENTS ATTACHMENT A SAMPLE LETTER FROM WHEAT RIDGE 2020 ON THE REASONS TO CONSIDER FORMING A NEW A WHEAT RIDGE COMMUNITY BENEFIT DISTRICT Date To: Property and Business Owners Interested in Establishing New C.B.D. District in Their Community Fr: Wheat Ridge 2020 Staff Dear Property or Business Owner: For many years, residents, businesses property owners and visitors to Wheat Ridge have become increasingly concerned about the image of our City. For that reason, the City Council adopted a new visionary plan called Wheat Ridge 2020, to bring citizens into the process of determining the future direction of our City. This problem of the "image" of Wheat Ridge, both among its residents, business owners and to its visitors, is increasingly seen in the problematic conditions of Wheat Ridge's public rights of way. With governmental revenues becoming increasingly strained, it is safe to assume that City general fund services to clean and beautify the public rights of way will be reduced, not increased. This will be the situation for the foreseeable future. This problem is resolvable and has been dealt with for years in other cities in the United States. Special benefit districts, commonly known as special services districts, business improvement districts, maintenance assessment districts, community benefit districts, etc., are being supported by neighborhood and business communities throughout the United States due to their positive impact on the quality of life issues close to home. Issues including overflowing trash cans, (or even the frequent placement of trash receptacles), sidewalk snow removal, tree planting and maintenance, sidewalk sweeping, removal of graffiti and bulky items, funding of special events and community fairs, maintenance of order in the public rights of way - are all special benefits that are funded by community established assessment districts. 25 Though assessment districts add costs to your business and residential parcels, they are considered to be a solid investment in your neighborhood or business community due to the following: The assessment district model is a proven model of generating revenues to fund special benefits over and above those funded by the general fund of a City; 2. The special benefits to be funded, their costs and their frequency are determined by the benefiting property owners themselves; Property owners, in the City of Wheat Ridge, must petition and vote to establish the district through a public hearing process; 4. Most people's greatest investments are in their homes or businesses and they readily invest to improve their respective properties. The public domain, however, is normally outside of the control of any one property owner; however its condition could have a very negative impact on a neighborhood or business district. The assessment district model maintains the same high standards in the public rights of way that most people maintain behind their property lines. They serve as a great mechanism to maintain cleanliness and order in the public rights of way. 5. One hundred per cent of the special benefit assessments generated, by law, must fund services within the boundaries of the district; 6. Stakeholders, the assessees themselves, determine how and who will provide the special benefit services; 7. The district can be disestablished based upon a vote of the affected property owners. It is no more difficult to take apart an assessment district, than it is to establish one. In the following pages, you will find out more on how these new Community Benefit District (CBD), will change the character of the City. As we enter the 21st century, neighborhood based special benefit assessment districts are becoming a key tool to upgrade the quality of urban life. We must raise the bar and standard for city life, we must create a culture of higher expectations. We ask that you join with your neighbors or local business and property owners to see if these innovative community controlled CBD districts are appropriate for your neighborhood or business districts. 26 Sincerely, Rob Osborn Executive Director Wheat Ridge 2020 27 ATTACHMENT B SAMPLE LETTER TO WHEAT RIDGE 2020 ON THE DESIRE TO ACCESS RESOURCES TO INVESTIGATE A NEW WHEAT RIDGE COMMUNITY BENEFIT DISTRICT Mr. Rob Osborn Executive Director Address SUBJECT: Request for Determination of Eligibility in Applying for Wheat Ridge 2020 CBD Investigation and Formation Grant Dear Rob: At its (date) meeting, the (community group or business organization) voted unanimously to request aid from Wheat Ridge 2020 in determining whether a Wheat Ridge Community Benefit District would be appropriate for, and supported in our neighborhood. We have reviewed the Wheat Ridge CBD packet materials provided and understand that the CBD, if adopted, would result in an assessment levied on area parcels in order to fund special benefits in the community. The desired special benefits relevant to our community include (list beautification, sidewalk sweeping, marketing and promotions, advocacy, planning, parking, etc). We are requesting that resources and staff time be allocated to support our request investigation and possible creation of the CBD. We commit ourselves to work hard and do the extensive outreach necessary to build community consensus for this CBD. Please find our commitment as demonstrated by the signatures of the members of our organization listed below. 28 ATTACHMENT C SAMPLE PRELIMINARY WHEAT RIDGE C.B.D. BUDGET AND PLAN DOCUMENT Proposed CBD District Area: CBD Steering Committee Chair: Proposed CBD District Boundaries: Annual Assessment Revenues: CPI Factor Benefit Zones Special Benefit Services Desired: Planning activities: 38th Street Corridor List name and organization, Address Phone and E-Mail Preliminary boundaries include: A Street on the South B Street on the North C Street on the East D Street on the West Total of 18 square blocks $ 180,000.00 in assessments per year An annual CPI adjustment is allowable as per the plan, not to exceed 5% per year There is only one benefit zone in this plan Sidewalk cleaning and sidewalk snow removal Trash receptacle placement and emptying Steam cleaning of sidewalks Tree planting and maintenance Decorations Special events (2 per year) Removal of graffiti and bulky items Marketing and promotions Advocacy Facilitating mixed use development Term of District: Perpetual 29 Assessment Methodology Annual Costs per variable: Highest Annual Assessment: Lowest Annual Assessment: Management Entity Commencement Date: Assessment levied on all parcels, public and private, tax-exempt not excluded: 33% of assessment ($60,000) generated from linear frontage 33% of assessment ($60,000) generated from lot size 33% of assessment ($60,000) generated from land use or building square footage $ 5.00 per linear foot per year $ 00.015 (1 '/2 cent per square foot of lot per year) $ 00.0356 per building square foot per year $22,000, abcd 38th Street $ 180.00 per year for loft/condo owners at Defg 38th Street Wheat Ridge 2020 Fiscal year 2009-10 Other Conditions: Area is mixed use and low rise. Only retail and commercial building uses will pay into marketing and promotions budget 30 ATTACHMENT D SAMPLE MAP OF C.B.D. DISTRICT INSERT HERE 31 ATTACHMENT E CITY OF WHEAT RIDGE PETITION TO FORM THE (NAME OF DISTRICT) COMMNITY BENEFIT DISTRICT (Pursuant to the Community Benefit District Ordinance# of the City of Wheat Ridge, Adopted September 2008) Legal Owner: Pre-printed Owner: Pre-printed Parcel Number: Pre-printed Site Address: Pre-printed Proposed Annual Assessment: Weight information would be pre-printed on the ballot Yes, I approve of the proposed assessment of on the parcel(s) identified on this petition. No, I do not approve of the approved assessment on the parcel(s) Identified on this petition Please Print Name and Title Signature of Record Owner or Authorized Representative (in the case of property owned by non-individuals) Please Return Petitions as soon as possible to: (Steering Committee or Wheat Ridge 2020 address) 32 ATTACHMENT F CITY OF WHEAT RIDGE MAIL BALLOT TO ESTABLISH THE (NAME OF DISTRICT) COMMUNITY BENEFIT DISTRICT BALLOT TO FORM THE (Name of CBD inserted here) (Pursuant to the Community Benefit District Ordinance # of the City of Wheat Ridge, adopted September 2008) Legal Owner: Ballot Question: APN (legal owners name is pre-printed on ballot) Approval of the C.B.D. Situs Annual Assessment - % Information is pre-printed on ballot _YES, I approve of the proposed assessment of Annual Assessment Total on the parcel(s) identified above. NO, I do not approve of the proposed assessment on the parcel(s) listed above. Signature of Record Owner or Authorized Representative Print Name and Title (in the case of property owned by non-individuals) Please Return Ballot inside Privacy Envelope inside of Self-Addressed Envelope Provided and mail to: City of Wheat Ridge Office of the City Clerk 7500 W 29th Ave. Wheat Ridge, CO 80033 33 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 20 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PROVIDE A PROCESS FOR THE CREATION AND ADMINISTRATION OF COMMUNITY BENEFIT DISTRICTS. WHEREAS, the City of Wheat Ridge ("City"), acting through its City Council, has authority pursuant to Article XX of the Colorado Constitution and C.R.S. § 31-1-101 et seq. to establish a process by which property owners within the City may establish a community benefit district for the improvement of their neighborhood, mixed use or commercial district; and WHEREAS, the City Council believes that such a process will expedite revitalization programs through funding of special benefits, improvements and activities; and WHEREAS, such benefits, improvements and activities may include, but are not limited to: enhanced maintenance of public rights-of-way, funding and completion of capital improvements, security services, economic development, advocacy, beautification and decoration and special district fairs, festivals or events; and WHEREAS, the City Council wishes to enact a process to make the establishment of community benefit districts available to property owners within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 10 of the Wheat Ridge Code of Laws is hereby amended by the addition of a new Article II, which shall be titled "Community Benefit Districts" and which shall read in its entirety as follows: Sec. 10-15. Intent. It is the intent of this Article II to provide for the process to create and administer community benefit districts ("CBDs"). Sec. 10-16. Formation of CBD. (a) The city council may consider the formation of a CBD upon the submission to the city clerk of a petition for the same, signed by property owners to be included in the CBD who will be responsible for payment of at least thirty-five percent (35%) of the estimated first annual assessment for the entire district, as set forth in the petition (hereinafter, the "weighted majority" of property owners). (b) At a minimum, the petition must contain a complete summary of the following: (1) The proposed improvements, services and activities of the CBD (collectively, "Services"). (2) Identification of how the proposed Services meet a broader goal of one or more of the following: a. The city's strategic plan, b. The city's comprehensive plan, c. Any applicable neighborhood revitalization strategy, d. Any applicable park and recreation plan or relevant sub area study, or e. Any other plan or policy adopted by the city which promotes community and economic development prosperity. (3) Map showing the boundaries of the proposed CBD, in relation to city streets and identified lots and blocks, sufficient for property owners to determine if their properties are or are not included within the proposed district. (4) Proposed term of the CBD in years, if any. (5) Assessment methodology and method for the billing and collection of assessments. (6) Policy for any assessment exemptions in the CBD. (7) Outline of proposed capital projects that the assessments shall fund. (8) Proposed management structure of the CBD by an existing 26 USC § 501(c)(3) organization ("501(c)(3) organization") or the establishment of a new 501(c)(3) organization. (9) Proposed plan of implementation of the projects and programs outlined in the petition. (10) Any other criteria that the city manager deems relevant and appropriate with respect to the purpose of the proposed CBD and the city's strategic plan. (c) Upon receipt of a complete petition, the city clerk shall: (1) Issue a certification of completeness to the petitioners, and (2) Schedule a public hearing before the city council for the purpose of taking testimony and action on the petition. The hearing shall be scheduled at the earliest practicable time, but in no event sooner than thirty (30) days following the clerk's certification of petition completeness. (d) Within forty-five (45) days of the issuance of a certificate of petition completeness, but not less than fifteen (15) days prior to the scheduled public hearing the applicant shall cause mail ballots to be delivered to all property owners proposed to be included in the CBD. The ballots shall include the following questions necessary to gauge property owner support of the CBD: (1) Do you generally support the formation of the proposed CBD and the improvements, services and/or activities it is to provide? (2) Do you agree that the improvements, services and/or activities will benefit your property? (3) Do you agree with the assessment methodology being proposed? In addition, each ballot shall indicate the estimated dollar amount to be assessed to that property in the first full year of CBD operations. (e) The ballots shall be remitted to the city clerk at least thirty (30) days prior to the scheduled public hearing, and the clerk shall summarize the results of the same for introduction into the hearing record. (f) At the public hearing, the city council shall take testimony and evidence from any person, and shall also consider the summary of results of the mail ballots submitted. (g) Following the hearing, if the city council finds that the mail ballots demonstrate that the weighted majority of property owners support the creation of the CBD, the council may adopt an ordinance creating the CBD. If the city council finds that the mail ballots demonstrate that the weighted majority of property owners do not support the creation of the CBD, the city council shall deny the CBD petition. (h) If the city council adopts an ordinance creating the CBD, the petition submitted to city council (as the same may have been amended) shall become known and shall function as the "CBD plan for the district". Sec. 10-17. Collection of CBD assessments. (a) All property owners in the CBD shall be assessed unless explicitly excluded pursuant to the CBD plan. (b) CBD assessment schedules listing each property in the CBD shall be submitted annually and shall be assessed by the CBD in the manner set forth in the CBD plan. (c) Unpaid assessments shall be a lien on the property for which the assessment is unpaid. The CBD or the city may foreclose on the lien in order to recover the assessment due. The foreclosing party may also recover the administration cost of collection. Sec. 10-18. Term. A CBD shall be formed for the term specified in the CBD plan. If no time is specified, the CBD shall exist in perpetuity until disestablished pursuant to the procedure set forth in Sec. 10-19. Sec. 10-19. Disestablishment of CBD. A CBD may be disestablished by the city council, acting by ordinance, under either of the following procedures: (1) The council, acting on its own motion, may disestablish a CBD following notice and hearing as provided in this section. (2) The property owners within a CBD shall have the right to petition the city council for disestablishment of a CBD; provided, however that any such petition must be received by the city clerk within the thirty (30) days prior to the annual anniversary of the effective date of the ordinance creating the CBD. The petition shall verify that the city shall not be required to provide continued Services of special benefits to the CBD upon its disestablishment, and that there are no outstanding liabilities or responsibilities created pursuant to the then current CBD plan. If the owners of real property responsible for thirty-five percent (35%) or more of the assessments levied for the CBD in the most recent calendar year submit a valid petition for disestablishment of the CBD the following procedure shall be initiated: As soon as practicable after the receipt of a valid petition, the city clerk shall schedule a public hearing before the city council, following not less than fifteen (15) days public notice. At the hearing, any person may appear and give evidence and testimony. Following the hearing, the council shall determine whether the CBD has any outstanding liabilities or responsibilities created pursuant to the then current CBD plan. b. If the city council finds that no such liabilities or responsibilities exist, it may adopt an ordinance to disestablish the CBD. If the city council finds that such liabilities or responsibilities exist, it may vote to disallow the disestablishment of the CBD. c. In the event the petition is disallowed, the petitioners may resubmit an amended petition within two (2) months, detailing a revised disestablishment plan that outlines the time period for continued assessments based on existing and identified liabilities and responsibilities of the CBD. The amended petition and revised plan shall clearly identify obligation of the CBD to satisfy its liabilities and responsibilities and shall verify that the city shall not be required to provide continued Services of special benefits to the CBD upon its disestablishment. d. In the event the disestablishment plan or petition contains a strategy to satisfy an outstanding liability or responsibility over a period of time, the city council may approve disestablishment of the CBD only conditionally upon the satisfaction of any such liability or responsibility. Sec. 10-20. Management of CBD. The organization named or created to manage the CBD shall, as a condition of the effectiveness of the ordinance creating the same, promptly enter into a contract with the city, through the office of the city manager, to administer and manage the CBD on behalf of the property owners contained therein. This contract shall be updated annually to describe the annual work plan set forth in Sec. 10-21. Sec. 10-21. Annual work plan; withholding assessments. (a) On an annual basis, the CBD, through its management organization, shall present a work plan to the city manager, which plan shall: (1) Describe the programs and projects the CBD desires to implement, and (2) Provide project analysis data sufficient for the city manager to identify how the use of the assessed funds is meeting the CBD's purposes as outlined in the CBD plan. (b) If the work plan submitted is contrary to the CBD's purpose, the city treasurer, upon the direction of the city manager, may withhold a portion of the assessments that do not meet the CBD's purposes. Any assessments so withheld must be placed in an interest bearing escrow account and shall be made available to the CBD only upon presentation and approval of an amended work plan which is acceptable to the city manager. (c) At no time shall the city reduce its level of public services in the area of the CBD below that offered to the city generally in response to an insufficient work plan or in lieu of withholding assessments. Sec. 10-22. Amendments to CBD assessment or CBD plan generally. All amendments to the CBD plan, including amendments to the assessment methodology, shall be processed according to the procedure for formation of a CBD set forth in Sec. 10-16 above. Section 2. By the creation of a new Chapter 10, Article II, the existing Sections 10-1 through 10-14 shall be renumbered as Article I, titled "Special or Local Improvement Districts." The content of said Sections is not affected by this Ordinance. Section 3. Severability: Conflicting 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 fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8-0 on the 24th day of November, 2008, order it published, Public Hearing and consideration on final passage set for December 8, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. I further move that the official location for Legal Publication of this Ordinance be the City of Wheat Ridge website, www.ci.wheatridge.co.us READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: November 25, 2008 on www.ci.wheatridge.co.us Additional Publication: December 4, 2008 - Wheat Ridge Transcript Second Publication: Effective Date: ♦~A~ City of ~WheatWdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION IJ~! !-III a COUNCIL MEETING DATE: December 8, 2008 TITLE: COUNCIL BILL NO. 22-2008 - AN ORDINANCE AMENDING CHAPTER 4, SECTION 14 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE, WHICH CONCERNS THE REGULATIONS OF EXOTIC ANIMALS WITHIN THE CITY ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (11/24/2008) ® ORDINANCES FOR 2ND READING (12/08/2008) Quasi-judicial: ❑ YES Chief of Police EXECUTIVE SUMMARY: ® NO City ManagA (3 Staff, in cooperation with the City Attorney's Office, recommends approval of the Exotic Animal Ordinance, as shown in Attachment 1. The typical exotic animal owner has changed over the last few years due to increased education and awareness programs, thereby creating a more responsible owner. Enforcing violations of the exotic animal ordinance in the past has been accomplished by receiving neighborhood complaints. Premise inspections have been obsolete for several years due to the limitations on staff to conduct inspections and the need for such inspection to ensure compliance is negligible. The revised ordinance will provide for the prohibition of any animal considered to be a danger or threat to public safety. The intent of the 1998 municipal exotic animal ordinance was to restrict ownership to responsible households with the expectation that owners would self-report exotic animals being brought to the city. The owner would complete an exotic animal permit application and arrangements would be made to inspect the premises. Upon completion of the inspection, a permit would be issued to the exotic animal owner. Community Services Officers and a member of the Animal Welfare and Control Commission were required to inspect premises annually where exotic animals reside. Beginning in January, 2000, the Police Department's records management system reflects the following statistics regarding exotic animals: a. Ten (10) exotic animal permit applications have been received. b. Five (5) exotic animal premise inspections have been completed. C. Eleven (11) exotic animal permit applications have been cancelled due to the owner relinquishing the animals or the owners moving from the area. With only four (4) Community Services Officers performing three enforcement functions, the City's enforcement resources and capacities are limited. Routine exotic animal premise inspections have not been routinely performed. COMMISSION/BOARD RECOMMENDATION: On November 18, 2008, Staff met with the Animal Welfare and Control Commission at their regularly scheduled meeting. The final draft of the ordinance, as well as the Staff Report and Council Action Form, was reviewed and discussed. The commission approved the ordinance by a vote of 4 to 2 with one member absent. Members of the police department had met previously with the Animal Welfare and Control Commission regarding this ordinance change. At that time, the commission made some recommendations that Staff included in the proposed ordinance: 1. Poisonous animals should include amphibians and arachnids and should be prohibited. 2. Non-poisonous snakes with a weight greater than five (5) pounds should be prohibited. The commission made the following other recommendations that staff did not include in the proposed ordinance: 1. Prohibited animals should be specifically named. Other cities, from existing models, do not feel the need to list each species. The list would be extensive and it would be impossible to determine every animal for the list. 2. The advantage of the permit process is to maintain a list of locations housing exotic animals. Other cities have found that there is no reason to compile such a list, and if a list were to be created, it would require regular maintenance. 3. The ordinance needs to define the term "exotic". Other cities have used the term in a similar way as the proposed ordinance, without any difficulty. 4. The current exotic animal ordinance has been effective, and should not be revised. Staff supports the opinion that the current ordinance is not effective. Limited staff resources have prohibited the inspection process. Better and more effective models are used by other local municipalities. STATEMENT OF THE ISSUES: The term "exotic animal" has been used interchangeably with "wild animal" in laws adopted throughout government and lacks a universal definition. The City's current definition of "exotic animal" is any animal that is not a domestic animal, whether it is a native animal of this state or not (Wheat Ridge Code of Laws, Article I, Sec. 4-14, 1998). Today's society increasingly supports owning exotic animals - everything from corn snakes, turtles, iguanas and lizards can be found in the homes of hobbyists. According to the American Pet Products Manufacturers Association 2005-2006 National Pet Owner's Survey, "the number of reptiles and amphibians being kept as pets in the United States, the world's largest consumer of reptiles, increased by 22% from 2002." Exotic animal owners can be very knowledgeable, taking the time to educate themselves before purchasing an animal. Exotic animals can be alternative household pets and educational programs reduce potential problems. On the other hand, exotic animals can pose a public safety threat when in the care of irresponsible owners. Regulating exotic animals transported into Colorado falls under the jurisdictions of the Division of Wildlife, the Department of Health, and the Department of Agriculture. These agencies have adopted regulations with three main goals: ensuring public health and safety (primarily to prevent spreading diseases to people, domestic pets, livestock, and native wildlife), protecting domestic livestock; and protecting the state's wildlife and wildlife resources. The Colorado Division of Wildlife takes a conservative stance on exotic animal ownership. There are numerous species not allowed as pets and some animals are allowed in captivity with a specific license from the state. The Colorado Department of Agriculture - Animal Industry Division is responsible for animal health and bio-security in Colorado. The Department of Agriculture regulations are also aimed at protecting all animals from cruelty through negligence, overwork, mistreatment, or lack of care. Included in this division is the Pet Animal Care and Facilities Act (35-80-1-1, C.R.S.), which delineates housing, care and treatment of animals. This regulation sets the standards of care for the pet industry in Colorado. Local jurisdictions have dealt with exotic animals through a number of methods. Currently, Arvada, Boulder, Lakewood, and Englewood have stand-alone ordinances prohibiting the ownership of certain exotic animals. The proposed ordinance for the City of Wheat Ridge is based on the model provided by these listed cities. ALTERNATIVES CONSIDERED: 1. Make no change to the current exotic animal ordinance. 2. Approve the proposed exotic animal ordinance as written. FINANCIAL IMPACT: No anticipated financial impact. RECOMMENDED MOTION: "I move to approve Council Bill No. 22-2008, An Ordinance Amending Chapter 4, Section 14 of the Code of Laws of the City Of Wheat Ridge, Which Concerns the Regulations of Exotic Animals within the City on second reading, and that it take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 22-2008, An Ordinance Amending Chapter 4, Section 14 of the Code of Laws of the City Of Wheat Ridge, Which Concerns the Regulations of Exotic Animals within the City, for the Following Reason(s): " Report prepared by: Jim Lorentz, Police Commander Report verified by: Dan Brennan, Chief of Police ATTACHMENTS: 1. Council Bill No. 22-2008 2. Staff Report dated October 13, 2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 22 Ordinance No. Series of 2008 TITLE: AN ORDINANCE AMENDING SECTION 4-14 OF THE WHEAT RIDGE CODE OF LAWS PROHIBITING THE KEEPING OF CERTAIN EXOTIC AND WILD ANIMALS WHEREAS, pursuant to its home rule authority under Article XX of the Colorado Constitution and C.R.S. § 31-15-401(1)(m), the City of Wheat Ridge ("City") possesses the authority to regulate and prohibit the keeping of animals within the City; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ("Council') previously enacted regulations regulating and prohibiting the keeping of certain exotic and wild animals, such regulations codified as Section 4-14 of the Wheat Ridge Code of Laws ("Code of Laws"); and WHEREAS, the Council has received recommendations from the animal welfare and control commission to make certain amendments to Section 4-14 of the Code of Laws; and WHEREAS, the Council desires to act on the recommendations of the animal welfare and control commission and to amend Section 4-14 of the Code of Laws as set forth herein. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. Section 4-14 of the Code of Laws is hereby amended to read in its entirety as follows: Sec. 4-14. Exotic or wild animals. (a) Prohibited. It shall be unlawful for any person to own, possess, import, offer for sale, sell, keep, maintain, harbor or allow anywhere in the City any of the following prohibited animals, or any animal listed as endangered or threatened by the United States Fish and Wildlife Service: (1) All poisonous snakes, poisonous reptiles, and any other poisonous animal including but not limited to amphibians and arachnids; (2) Nonpoisonous snakes with a weight greater than five (5) pounds; (3) Nonhuman primates; (4) Any species of feline other than ordinary domesticated house cats; ATTACHMENT 1 (5) Bears of any species; (6) All crocodilians; (7) Raccoons, porcupines, skunks, badgers or other like species; (8) Foxes, wolves, coyotes, or other species of canines other than dogs; and (9) Any other animal that is not classified as a domesticated animal. (b) State and federal law. It shall be unlawful for any person to own, possess, import, offer for sale, sell, keep, maintain, harbor or allow in the City any animal in violation of any state or federal statute or regulation. (c) Municipal court determination. Alleged domestication of any prohibited animal shall not affect its status under this section. In the event of uncertainty about whether a particular animal is a prohibited animal, it shall be presumed prohibited until the municipal court determines that the animal is not prohibited pursuant to this section 4-14. (d) Exceptions. The prohibitions of this section shall not apply to any of the following: (1) A publicly or privately owned zoological park; (2) A bona fide state licensed pet shop; (3) A research institution using animals for scientific research; (4) A circus duly authorized to do business in the City; (5) A veterinary hospital operated by a veterinarian currently licensed by the State of Colorado; or (6) Wildlife rehabilitators, falconers, or scientific collection permit holders who are currently licensed by the Colorado Division of Wildlife (e) Potbellied pigs. No potbellied pig, Sus scrofa vittatus, nor any pig purporting to be a potbellied pig, shall be possessed, harbored, kept, maintained or allowed within the City unless the owner thereof complies with the requirements of this Chapter. It shall be unlawful for any owner to fail to comply with the following requirements: (1) No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional potbellied pig may be kept for each one acre of property in excess of the minimum lot size; (2) Every potbellied pig must be neutered or spayed by the age of four (4) months; (3) No potbellied pig may weigh more than one hundred fifty (150) pounds; (4) Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; (5) Outdoor enclosures must be kept clean; (6) A potbellied pig kept on residential property shall be kept as a pet for personal enjoyment, and not kept or raised for breeding, sale or human consumption; and (7) All potbellied pigs must wear a harness with identification tags except when on the owner's property. Section 2. Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8-0 on the 24th day of November, 2008, ordered published, Public Hearing and consideration on final passage set for Monday, December 8, 2008 at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. I further move the official location for Legal Publication of this Ordinance be the City of Wheat Ridge website, www.ci.wheatridge.co.us READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 2008. ATTEST: Michael Snow, City Clerk Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney First Publication: November 25, 2008 on www.ci.wheatridge.co.us Additional Publication: December 4, 2008 - Wheat Ridge Transcript Second Publication: Effective Date: City of POLICE DEPARTMENT POLICE DEPARTMENT WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Jerry DiTullio and City Council VIA: Randy Young, City Manager Dan Brennan, Chief of Police FROM: Jim Lorentz, Division Commander Support Services Division DATE: October 13, 2008 SUBJECT: Staff Report: Proposed Exotic Animal Ordinance EXECUTIVE SUMMARY: Staff, in cooperation with the City Attorney's Office, recommends approval of the Exotic Animal Ordinance, as shown in Attachment 1. The typical exotic animal owner has changed over the last few years due to increased education and awareness programs, thereby creating a more responsible owner. Enforcing violations of the exotic animal ordinance in the past has been accomplished by receiving neighborhood complaints. Premise inspections have been obsolete for several years due to the limitations on staff to conduct inspections and the need for such inspection to ensure compliance is negligible. The revised ordinance will provide for the prohibition of any animal considered to be a danger or threat to public safety. STATEMENT OF THE ISSUES: The term "exotic animal" has been used interchangeably with "wild animal" in laws adopted throughout government and lacks a universal definition. The City's current definition of "exotic animal" is any animal that is not a domestic animal, whether it is a native animal of this state or not (Wheat Ridge Code of Laws, Article I, Sec. 4-14, 1998). Today's society increasingly supports owning exotic animals - everything from corn snakes, turtles, iguanas and lizards can be found in the homes of hobbyists. According to the American Pet Products Manufacturers Association 2005-2006 National Pet Owner's Survey, "the number of reptiles and amphibians being kept as pets in the United States, the world's largest consumer of reptiles, increased by 22% from 2002." Exotic animal owners can be very knowledgeable, taking the time to educate themselves before purchasing an animal. Exotic animals can be alternative household pets and educational programs reduce potential problems. On the other hand, exotic animals can pose a public safety threat when in the care of irresponsible owners. Regulating exotic animals transported into Colorado falls under the jurisdictions of the Division of Wildlife, the Department of Health, and the Department of Agriculture. These agencies have adopted regulations with three main goals: ensuring public health and safety (primarily to prevent spreading diseases to people, domestic pets, livestock; and native wildlife), protecting domestic livestock; and protecting the state's wildlife and wildlife resources. The Colorado Division of Wildlife takes a conservative stance on exotic animal ownership. There are numerous species not allowed as pets and some animals are allowed in captivity with a specific license from the state. The Colorado Department of Agriculture - Animal Industry Division is responsible for animal health and bio-security in Colorado. The Department of Agriculture regulations also are aimed at protecting all animals from cruelty through negligence, overwork, mistreatment, or lack of care. Included in this division is the Pet Animal Care and Facilities Act (35-80-101, C.R.S.), which delineates housing, care and treatment of animals. This regulation sets the standards of care for the pet industry in Colorado. Local jurisdictions have dealt with exotic animals through a number of methods. Currently, Arvada, Boulder, Lakewood, and Englewood have stand-alone ordinances prohibiting the ownership of certain exotic animals. The proposed ordinance for the City of Wheat Ridge is based on the model provided by these listed cities. RELATIVE FACTS: 1. The intent of the 1998 municipal exotic animal ordinance was to restrict ownership to responsible households with the expectation that owners would self-report exotic animals being brought to the city. The owner would complete an exotic animal permit application and arrangements would be made to inspect the premises. Upon completion of the inspection, a permit would be issued to the exotic animal owner. 2. Community Services Officers and a member of the Animal Welfare and Control Commission were required to inspect premises annually where exotic animals reside. 3. Beginning in January, 2000, the Police Department's records management system reflects the following statistics regarding exotic animals: a. Ten (10) exotic animal permit applications have been received. b. Five (5) exotic animal premise inspections have been completed. c. Eleven (11) exotic animal permit applications have been cancelled due to the owner relinquishing the animals or the owners moving from the area. 4. With only four (4) Community Services Officers performing three enforcement functions, the City's enforcement resources and capacities are limited. Routine exotic animal premise inspections have not been routinely performed. 5. Educational efforts by local exotic animal organizations have increased consumer safety and awareness of potential dangers in housing exotic animals. 6. Community Services Officers recognize there are certain exotic animals which pose considerable safety and health concerns to the public because of a volatile and unpredictable disposition. These animals should be prohibited as pets. 7. Responsible owners voluntarily comply with recognized standards of care and have thereby eliminated the need for annual premise inspections. 8. Irresponsible owners have consistently failed to request an exotic animal permit. When Community Services Officers have been contacted with substantiated reports of neglect, cruelty or public safety issues, the Community Services Officers have requested and successfully obtained a municipal court order to remove the animal. Members of the police department met with the Animal Welfare and Control Commission regarding this ordinance change. The commission made some recommendations that Staff included in the proposed ordinance: 1. Poisonous animals should include amphibians and arachnids and should be prohibited. 2. Non poisonous snakes with a weight greater than five (5) pounds should be prohibited. The commission made the following other recommendations that staff did not include in the proposed ordinance: 1. Prohibited animals should be specifically named (Other cities from existing models do not feel the need to list each species, the list would be extensive and it would be impossible to determine every animal for the list.) 2. The advantage of the permitting process is maintaining a list of locations housing exotic animals. (Other cities have found that there is no reason to compile such a list and if a list were to be made, it would need regular maintenance.) 3. The ordinance needs to define the term "exotic". (Other cities have used the term in a similar way as the proposed ordinance without any difficulty.) 4. The current exotic animal ordinance has been effective and should not be revised. (Staff supports the opinion that the current ordinance is not effective. Limited resources have prohibited the inspection process. Better and effective models are used by other local municipalities.) ALTERNATIVES CONSIDERED: 1. Make no change to the current exotic animal ordinance. 2. Incorporate recommendations made by the commission to the proposed ordinance that staff did not include as the recommendations were determined to be unnecessary and counter-effective to the model proposed. 3. Approve the proposed exotic animal ordinance as described by staff which includes some recommendations made by the Animal Welfare Commission for the following reasons: a. The typical exotic animal owner has changed over the last few years due to increased education and awareness programs, thereby creating a more responsible owner. b. Enforcing violations of the exotic animal ordinance has been accomplished by receiving neighborhood complaints. c. Premise inspections have been obsolete for several years. d. The ordinance should allow for future trends as household pet trends change. e. The ordinance should allow for prohibition of any animal considered to be a danger or threat to public safety. RECOMMENDATION: The police department recommends City Council provide staff direction regarding the revision of the exotic animal ordinance. Staff recommends approval of Alternative 3 and approval of the revised ordinance. JL:db Memo 12/8/0$ To The Wheat Ridge City Council From: Wheat Ridge Animal Welfare and Control Commission That Section 4-14_(b) be. Included in the Ordinance with the following wording: "Upon Recommendation of the Anima]Welfare and Control Commission, The Chief of Police may grant exceptions to this section for successive periods of time and/or may give permanent license.status to any permit after the first 12 months!!. Louise F. Turner,Ch. Wheat Ridge Animal Welfare and Control Commission The recommendation of the Animal Welfare and Control Commission is that you approve the Ordinance. The Vote was 4-2. A minority Report is a request for the following Amendment prior to passage. City of ~rWheatWdgre ITEM NO: REQUEST FOR CITY COUNCIL ACTION Its ..III COUNCIL MEETING DATE: December 8, 2008 TITLE: COUNCIL BILL NO. 23-2008 - AN ORDINANCE REGULATING THE OPERATION OF SECONDHAND DEALERS AND PRECIOUS METAL DEALERS, AND IN CONNECTION THEREWITH, AMENDING ARTICLE VII OF CHAPTER 11 OF THE CODE OF LAWS ® PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR IsT READING (11/24/2008) ® ORDINANCES FOR 2ND READING (12/08/2008) Quasi-judicial: ❑ YES Chief lice EXECUTIVE SUMMARY: ® NO ~P L&- 0-~ City Man *r In 2006, the Colorado State legislature passed House Bill 06-1380 as a measure to reduce the theft of retail goods. Simply stated, this bill prohibits sellers of used property, also known as secondhand dealers, from selling certain property items without proof of ownership. It also requires sellers to make the proof of ownership available to any peace officer for inspection at any reasonable time. In addition, the municipality is allowed to collect a transaction fee. Failure to comply with these provisions is a class 3 misdemeanor. The City Attorney's office, with input from the police department, has developed an ordinance for secondhand dealers operating in the City of Wheat Ridge. The requirements for secondhand dealers, including the assessment of a transaction fee, are substantially similar to the requirements for pawnbrokers. The primary difference is the reduced hold time for secondhand dealers due to the financial impact that extended hold times have on such businesses. The proposed ordinance includes precious metal dealers in the definition of secondhand dealers, due to the substantially identical requirements placed on such dealers in Colorado Revised Statutes. Though commodity metal dealers are not included at this time, it is noted that the requirements imposed on such businesses in Colorado Revised Statutes closely matches the requirements on pawn shops, secondhand dealers, and precious metal dealers. Secondhand dealers are governed by the Colorado Revised Statutes. They are required to record transaction information and to provide this information to law enforcement on an ongoing basis every three days. They are required to maintain their records and make them available for inspection by law enforcement. Secondhand dealers are required to post specific notices in conspicuous places in their business. Providing false information to a secondhand dealer is a Class One Misdemeanor. The business may be charged criminally for failing to meet the requirements of statute. If the dealer has repeat violations the crime may be a Class Five Felony. Local government may enact ordinances governing secondhand dealers and charge them a fee if they provide such dealers with transaction forms. The City of Wheat Ridge currently has no such ordinances. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Historically, the City of Wheat Ridge and the Wheat Ridge Police Department have not made any efforts to identify or inspect businesses that may be secondhand dealers. Due to a particular investigation of a secondhand dealer in 2006, Wheat Ridge detectives became aware of concerning issues. The specific issues involved the disposal of stolen property through this dealer and their failure to record and report their transactions as required by C.R.S. Detectives developed a form that secondhand dealers could use to record and report their transactions as required by Colorado Law. There was no system to identify secondhand dealers that operate in Wheat Ridge to educate them on their responsibilities under the law. In February 2007, issues involving secondhand dealers were included in a staff report that proposed reinstituting the Pawn Technician position. It was hoped that this position could provide some oversight of secondhand dealers. This position was not approved. In the fourth quarter of 2007, the Investigations Bureau researched possible secondhand dealers within the City. Upon visits to these identified businesses, it was noted that none of them had the notices posted as required by C.R.S. A letter was sent to secondhand dealers advising them of their obligations under C.R.S. Included in this letter was information taken from C.R.S. and a copy of the approved reporting form. The cities of Denver, Fort Collins, Boulder and Lakewood have enacted local ordinances governing secondhand stores. The police department has reviewed these ordinances and believes a similar ordinance for the City of Wheat Ridge is warranted. Approval of this ordinance is important for the following reasons: 1. Secondhand dealers have legal obligations under C.R.S. to record transaction information, maintain records, provide transaction information to law enforcement, and post notices in their business. 2. The City of Wheat Ridge and the Wheat Ridge Police Department currently do not have any person or program that addresses secondhand dealers due to staffing. 3. There are apparently eight (8) secondhand dealers in Wheat Ridge at this time. None of the dealers are currently complying with existing statutory requirements. 4. Other cities are known to regulate secondhand dealers through local ordinances and some agencies enforce such regulations through their police department. ALTERNATIVES CONSIDERED: 1. Take no actions at this time and make no attempts to educate these businesses or enforce existing C.R.S. requirements. 2. Do not enact or update ordinances but attempt to educate such businesses on their existing requirements under C.R.S. 3. Enact a new ordinance governing secondhand dealers as allowed by the Colorado Revised Statutes that requires compliance with state law. The Police Department recommends City Council approve this alternative. FINANCIAL IMPACT: 1. The assessment of a transaction fee will generate revenue for the City. This transaction fee is recommended to be similar to the current pawn transaction fee. At this time, the number of secondhand dealer transactions that would occur and the revenue that would be generated cannot be determined. 2. The City would be required to provide standardized transaction forms which would result in a nominal cost. RECOMMENDED MOTION: "I move to approve Council Bill No. 23-2008, An Ordinance Regulating the Operation of Secondhand Dealers and Precious Metal Dealers, and in Connection Therewith, Amending Article VII of Chapter 11 of the Code of Laws on second reading, and that it take effect 15 days after final publication." Or "I move to table indefinitely Council Bill No. 23-2008, An Ordinance Regulating the Operation of Secondhand Dealers and Precious Metal Dealers, and in Connection Therewith, Amending Article VII of Chapter 11 of the Code of Laws, for the following reason(s): Report prepared by: Jim Lorentz, Police Commander Report reviewed by: Dan Brennan, Police Chief ATTACHMENTS: 1. Council Bill 23-2008 2. Staff Report dated October 13, 2008 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SANG Council Bill No. 23-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE REGULATING THE OPERATION OF SECONDHAND DEALERS AND PRECIOUS METAL DEALERS, AND IN CONNECTION THEREWITH, AMENDING ARTICLE VII OF CHAPTER 11 OF THE CODE OF LAWS WHEREAS, the City of Wheat Ridge, acting through its City Council, possesses the authority pursuant to Article XX of the Colorado Constitution, the City's Home Rule Charter, C.R.S. 31-15-501, 18-13-118 and 18-16-101 to regulate secondhand dealers and precious metal dealers within the City; and WHEREAS, the Council has not previously acted to regulate such businesses; and WHEREAS, the Council finds and determines that illicit traffic in stolen articles is encouraged by the absence of any required record-keeping system by persons purchasing and selling secondhand property and precious metals; and WHEREAS, the Council finds and determines that local law enforcement officials are hindered in the identification and recovery of stolen articles by this lack of required record-keeping; and WHEREAS, the Council further finds and determines that it is necessary and desirable to aid local law enforcement in the discovery and identification of sellers of stolen property and in the identification and recovery of such property by adopting mandatory record-keeping and reporting requirements and by providing a holding period during which time secondhand property and precious metals shall not be disposed of or altered in any manner. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. The Title of Article VII of Chapter 11 of the Code of Laws is hereby amended as follows: ATTACHMENT 1 ARTICLE VII. PAWNBROKERS, SECONDHAND DEALERS AND PRECIOUS METAL DEALERS Section 2. Section 11-170 of the Code of Laws, setting forth definitions for Article VII, is hereby amended by the addition of the following definitions, each to be inserted in alphabetical order: Precious metal articles: Any tangible personal property consisting, in whole or in part, of precious or semiprecious metals or stones, whether solid, plated, or overlaid, including, but not limited to, household goods, jewelry, United States commemorative medals or tokens, and gold and silver bullion. Precious metal dealer. Any person holding himself out to the public as being engaged in the business of buying precious metal articles, including the taking of such articles in full or part satisfaction of a debt, for resale or for sale on consignment, or any person who purchases five or more such articles during any thirty (30) day period. Secondhand dealer. Any person whose principal business is that of engaging in selling or trading secondhand property; any person who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. Secondhand dealer does not include: (1) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller; (2) A person who is a retailer or wholesaler and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number; (3) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display or advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows; (4) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c)(3) of the federal "Internal Revenue Code of 1986," as amended; (5) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family or regular employees; (6) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a retail license and a City sales tax license; or (7) An antique dealer who sells antiques, has a retail license and a City sales tax license, and sells such antiques from a permanent storefront location. Secondhand property: The following items of tangible personal property sold or traded by a secondhand dealer: (1) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, and microscopes; (2) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens' band broadcasting units and receivers, and video games; (3) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs; (4) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines; (5) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components; and (6) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined by C.R.S. § 42-1102(63), as amended, snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious metal scrap. Section 3. Section 11-171 of the Code of Laws, concerning Article VII license requirements, is hereby amended as follows: Sec. 11-171. Compliance; license required. It is unlawful for any person to engage in the business of pawnbroking except as provided in and authorized by this article and without first having obtained an annually renewable and nontransferable pawnbroker's license issued by the city. It is unlawful for any person to obtained a city business license as required by Article II of this Chapter 11. Section 4. Article VII of Chapter 11 of the Code of Laws is hereby amended by the addition of a new Section 11-194, to read in its entirety as follows: Sec. 11-194. Required acts of secondhand property dealers, precious metal dealers. (a) Records; reporting. Every secondhand dealer and precious metal dealer shall make a record, as provided in subsection (b) of this section, of each sale or trade of secondhand property or precious metal article made by him, his agent, or any person acting on his behalf, which sale or trade equals thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer or precious metal dealer shall submit such records to the police department in electronic form, or in such other form and number as approved from time to time by the police department, within three (3) days of the date of the sale or trade. The records required by this section shall be maintained by the dealer for at least one year after the date of the sale or trade. (b) Record contents. The record required by this section shall be made in writing on forms provided by the police department and shall contain the following: (1) The name, address, and date of birth of the seller or trader; (2) The date, time, and place of the sale or trade; (3) An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item; (4) The identification number from any of the following forms of identification of the seller or trader: (A) A valid Colorado driver's license; (B) An identification card issued in accordance with C.R.S. § 42-2- 302; (C) A valid driver's license, containing a picture, issued by another state; (D) A military identification card; (E) A valid passport; or (F) An alien registration card. (5) The signature of the seller or trader; (6) The right index fingerprint of the seller or trader; (7) A declaration by the secondhand or precious metal dealer that he is the rightful owner of the subject property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and (8) A declaration by the secondhand or precious metal dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the police department as required by subsection (a) of this section. (c) Fees. Every secondhand and precious metal dealer shall pay to the city a fee for every transaction form filed pursuant to subsection (b) above. The fee shall be equal to the transaction fee imposed upon pawnbrokers pursuant to Section 11-183(1) of this Code. (d) Posted notice. Except in the case of flea markets and similar facilities as provided in this subsection (c), every secondhand and precious metal dealer shall conspicuously post a notice in a place clearly visible to all buyers and traders which sets forth the provisions of this section and which sets forth the penalties for violating such section and for violating C.R.S. § 18-4-410, concerning theft by receiving. Such notification shall include information to the effect that stolen property may be confiscated by any peace officer and returned to the rightful owner without compensation to the buyer. In the case of flea markets and similar facilities, the operator thereof shall post the notice required by this subsection (c) in such a manner as to be obvious to all persons who enter the flea market or similar facility. (e) Holding period. Every secondhand and precious metal dealer shall hold all property obtained for sale, trade or other disposition for a period of seven (7) days from the acquisition of such property, during which time the property shall be held separate and apart from any other property, shall not be displayed to the public and shall not be changed in form or altered in anyway. (f) Record of sales. Every secondhand and precious metal dealer shall keep and preserve records of sales made by him and such other books and accounts as may be necessary to determine the amount of sales tax for the collection of which he is liable. Section S. Article VII of Chapter 11 of the Code of Laws is hereby amended by the addition of a new Section 11-195, to read in its entirety as follows: Sec. 11-195. Required acts of operators of flea markets and similar facilities. (a) In the case of flea markets and similar facilities in which secondhand property or precious metal articles are offered for sale or trade, the operator thereof shall inform each dealer of the requirements of Section 11-194 and shall provide the forms for recording the information required by said Section. (b) In the case of flea markets and similar facilities in which secondhand property or precious metal articles are offered for sale or trade, the operator thereof shall record the name and address of each dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in Section 11-194(b)(4) of this Code. Such record shall be mailed or delivered by the operator to the police department within three (3) days of the date the dealer offered property or articles for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after such date. Section 6. Severability: Conflicting 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 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8-0 on the 24th day of November, 2008, ordered published, Public Hearing and consideration on final passage set for Monday, December 8, 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. I further move that the official location for Legal Publication for this Ordinance be the City of Wheat Ridge webiste, www.ci.wheatridge.co.us READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 12008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: November 24, 2008 on www.ci.wheatridge.co.us Additional Publication: December 4, 2008 - Wheat Ridge Transcript Second Publication: Effective Date: City of Wheat~dgie POLICE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio, and City Council THROUGH: Randy Young, City Manager Daniel G. Brennan, Chief of Police FROM: Jim Lorentz, Division Commander Support Services Division DATE: October 13, 2008 SUBJECT: Staff Report - Proposed Secondhand Dealer Ordinance EXECUTIVE SUMMARY: In 2006, the Colorado State legislature passed House Bill 06-1380 as a measure to reduce the theft of retail goods. Simply stated, this bill prohibits sellers of used property, also known as secondhand` dealers, from selling certain property items without proof of ownership. It also requires sellers to make the proof of ownership available to any peace officer for inspection at any reasonable time. In addition, the municipality is allowed to collect a transaction fee. Failure to comply with these provisions is a class 3 misdemeanor. Attached is a draft ordinance developed by Carmen Beery of the City Attorney's office for secondhand dealers operating in the City of Wheat Ridge. The requirements for secondhand dealers, including the assessment of a transaction fee, are substantially similar to the requirements for pawnbrokers. The primary difference is the reduced hold time for secondhand dealers due to the financial impact that extended hold times have on such businesses. The proposed ordinance includes precious metal dealers in the definition of secondhand dealers, due to the substantially identical -requirements placed on such dealers in Colorado Revised Statutes. Though commodity metal dealers are not included at this time, it is noted that the requirements imposed on such businesses in Colorado Revised Statutes closely matches the requirements on pawn shops, secondhand dealers, and precious metal dealers. Secondhand dealers are governed by the Colorado Revised Statutes. They are required to record transaction information and to provide this information to law enforcement on an ongoing basis every three days. They are required to maintain their records and make them available for inspection by law enforcement. Secondhand dealers are required to post specific notices in conspicuous places in their business. Providing false information to a second hand dealer is a Class One Misdemeanor. The business may be charged criminally for failing to meet the requirements of statute. If the dealer has repeat violations the crime may be a Class Five Felony. Local government may enact ordinances governing secondhand dealers and charge them a fee if they provide such dealers with transaction forms. The City of Wheat Ridge currently has no such ordinances. ATTACHMENT 2 STATEMENT OF THE ISSUES: Historically, the City of Wheat Ridge and the Wheat Ridge Police Department have not made any efforts to identify or inspect businesses that may be secondhand dealers. Due to a particular investigation of a secondhand dealer in 2006, Wheat Ridge detectives became aware of concerning issues. The specific issues involved the disposal of stolen property through this dealer and their failure to record and report their transactions as required by C.R.S. Detectives developed a form that secondhand dealers could use to record and report their transactions as required by Colorado Law. There was no system to identify secondhand dealers that operate in Wheat Ridge to educate them on their responsibilities under the law. In February 2007, issues involving secondhand dealers were included in a staff report that proposed the recreation of the Pawn Technician position. It was hoped that this position could provide some oversight of secondhand dealers. This position was not approved. In the fourth quarter of 2007, the Investigations Bureau was assigned an intern. The intern used the internet to research possible secondhand dealers within the City. She then did ride-alongs and visited the business to see if they met the definition of secondhand dealer. She identified eight businesses that likely meet the definition of secondhand dealer. She noted that none of these businesses had the notices posted as required by C.R.S. A letter was sent to secondhand dealers advising them of their obligations under C.R.S. Included in this letter was information taken from C.R.S. and a copy of the approved reporting form. The cities of Denver, Fort Collins, Boulder and Lakewood have enacted local ordinances governing secondhand stores. The police department has reviewed these ordinances and believes a similar ordinance for the City of Wheat Ridge is warranted. RELATIVE FACTS: 1. Secondhand dealers have legal obligations under C.R.S. to record transaction information, maintain records, provide transaction information to law enforcement, and post notices in their business. 2. The City of Wheat Ridge does not regulate secondhand dealers by ordinance and does not have any means of easily identifying such businesses. 3. The City of Wheat Ridge and the Wheat Ridge Police Department currently do not have any person or program that addresses secondhand dealers. 4. There are apparently eight (8) secondhand dealers in Wheat Ridge at this time. None of the dealers are currently complying with existing statutory requirements. 5. It is known that one particular secondhand dealer in Wheat Ridge has received stolen property in the past. This business has not reported or obtained required transaction information even after being specifically directed to do so. 6. Other cities are known to regulate secondhand dealers through local ordinances and some agencies enforce such regulations through their police department. FINANCIAL IMPACT: 1. The assessment of a transaction fee will generate revenue for the City. This transaction fee is recommended to be similar to the current pawn transaction fee.. At this time, the number of secondhand dealer transactions that would occur and the revenue that would be generated cannot be determined. 2. The City would be required to provide standardized transaction forms which would result in a nominal cost. ALTERNATIVES CONSIDERED: 1. Take no actions at this time and make no attempts to educate these businesses or enforce existing C.R.S. requirements. 2. Do not enact or update ordinances but attempt to educate such businesses on their existing requirements under C.R.S. 3. Enact a new ordinance governing secondhand dealers as allowed by the Colorado Revised Statutes that requires compliance with state law. RECOMMENDATION: The police department recommends that City Council consider enacting a new ordinance as stated above and provide direction to staff to pursue that alternative. City of __~9rWheatRdge ITEM NO: 51 REQUEST FOR CITY COUNCIL ACTION n~- COUNCIL MEETING DATE: December 8, 2008 TITLE: COUNCIL BILL NO. 17-2008 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF A CHANGE OF ZONING FROM RESIDENTIAL-ONE (R-1) AND AGRICULTURE-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WZ-07-06/DOUD OVERLOOK ® ORDINANCES FOR 1sT READING (12/08/2008) ❑ ORDINANCES FOR 2ND READING (01/12/2009) Quasi-judicial: ❑ NO City M er EXECUTIVE SUMMARY: The applicant requests approval of a change of zoning from R-1 and A-1 to Planned Residential Development and for approval of an Outline Development Plan (ODP). The subject property is located at 11885 W. 38 Avenue. The purpose of the zone change is for construction of 53 single family homes. This application has been processed following the new Outline Development Plan procedure of providing more graphic and written information up front. No Final Development Plan is required for single family PRD's but if the zone change is approved, a subdivision plat document must be approved through a public hearing process. Planning Commission gave a recommendation of approval with conditions at a public hearing held on September 4, 2008. ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS COMMISSION/BOARD RECOMMENDATION: This case was reviewed by Planning Commission at a public hearing held on September 4, 2008. A recommendation of approval was given for the following reasons: 1 A change in the character of the area has occurred due to adjacent properties having been rezoned and/or subdivided and developed with single family homes. 2. The rezoning is compatible with surrounding zoning and land uses and while slightly over the density recommendation on the Future Land Use map, is consistent with the goals and objectives of both the Comprehensive Plan and Neighborhood Revitalization Strategy. 3. Adequate infrastructure will be constructed as a result of development. There will be further benefit to the area with the upgrade of the sanitary sewer main line east of the property. 4. The change in zone will not adversely affect the public health, safety or welfare. With the following conditions: 1. The developer continue working with Jefferson County Open Space regarding design of the storm drainage channel to Clear Creek and easement procurement. 2. At the time of final plat, the property be assessed for fees in lieu of parkland dedication based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. There were numerous persons who attended and spoke regarding the application. A copy of the September 4, 2008 Planning Commission minutes will be included with the packet for second reading. STATEMENT OF THE ISSUES: There has been a great deal of discussion regarding the Comprehensive Plan designation for this property. The future land use map designates desirable density for the site as four single family dwelling units per acre. The proposed net density is 4.5 units per acre. For strict compliance with the desirable targeted density, the number of units would have to be reduced to 47 units. Staff and the Planning Commission have found the proposed development to be consistent with other goals identified in the Comprehensive Plan and the Neighborhood Revitalization Strategy for updating the City's existing housing stock and the development of new housing which will attract strong households. Much of the discussion at Planning Commission related to the desire for construction of a public trail from the northern property line down the slope into the Clear Creek greenbelt open space. Property ownership currently stops at the top of the slope just to the north of the existing house. The slope has a 60' grade change from the top to the toe of the slope. The existence of the Ute Lady Tresses orchid, which is a federally protected plant species, and numerous underground springs and wetlands at the bottom of the slope have rendered construction of a trail impractical. The Parks and Recreation Commission has recommended that fees in lieu of parkland dedication or off-site trail construction be required. ALTERNATIVES CONSIDERED: 1 Approve request. 2. Do not approve request. FINANCIAL IMPACT: One-time fees for the zone change were submitted with the application. If the zone change is approved, a fee will be required for the processing of a subdivision plat. There will also be a one- time payment of fees in lieu of parkland dedication. The amount will be based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be determined by a certified appraiser, the cost of which will be born by the applicant. It has also been estimated by the Chief Building Official that based on the 53 proposed units, around $840,000 will be generated by building permit fees, building permit plan review fees and use tax. The City will receive property tax revenues generated by the improvements on the property. RECOMMENDED MOTION: "I move to approve Council Bill No. 17-2008, Case No. WZ-07-06, a request for approval of a zone change from Residential-One (R-1) and Agriculture-One (A-1) to Planned Residential Development and for approval of an Outline Development Plan for property located at 11885 W. 381' Avenue, on first reading, order it published, public hearing set for Monday January 12, 2009 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 No. 17-2008 for the following reasons: ATTACHMENTS: 1. Council Bill No. 17-2008 INTRODUCED BY COUNCIL MEMBER Council Bill No. 17-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A CHANGE OF ZONING FROM RESIDENTIAL-ONE (R-1) AND AGRICULTURE- ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WZ-07-06/DOUD OVERLOOK BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Ashton Woods Homes, approval of a change of zoning from Residential-One (R-1) and Agriculture-One (A-1) to Planned Residential Development and for approval of an Outline Development Plan for property located at 11885 W. 38th Avenue and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a change of zoning is approved for the following described land: A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER 20 AND THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE-QUARTER CORNER COMMON TO SAID SECTIONS 20 AND 29; THENCE N.89E22'34"E, ALONG THE LINE BETWEEN SECTIONS 20 AND 29 A DISTANCE OF 1,348.72 FEET TO A POINT 15.00 FEET EAST OF THE NORTHWEST CORNER OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER) OF SAID SECTION 20 AND THE TRUE POINT OF BEGINNING; THENCE N.OOE19'54"W. ALONG THE EAST LINE OF THE WEST 15.00 FEET OF THE W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER A DISTANCE OF 814.12 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 2325 AT PAGE 309 OF THE RECORDS OF THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER; THENCE EASTERLY ALONG SAID SOUTHERLY LINE THE FOLLOWING SIX COURSES AND DISTANCES: ATTACHMENT 1 1. N.63E13'44"E. A DISTANCE OF 44.49 FEET; 2. N.83E15'l 3"E. A DISTANCE OF 149.96 FEET; 3. N.79E21'51"E. A DISTANCE OF 46.91 FEET; 4. N.82E19'26"E. A DISTANCE OF 41.41 FEET; 5. S.86E47' 19"E. A DISTANCE OF 81.84 FEET; 6. N.70E22'28"E. A DISTANCE OF 289.81 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER F0633461 OF THE RECORDS OF THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER; THENCE S.33E47' 16"E. A DISTANCE OF 36.11 FEET TO A POINT ON THE EAST LINE OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER); THENCE S.OOE22'21"E. ALONG SAID EAST LINE A DISTANCE OF 921.63 FEET TO THE SOUTHEAST CORNER OF SAID W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER OF SAID SECTION 20, THENCE S.OOE41'00"E. ALONG THE EAST LINE OF THE WEST ONE- HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER (W ONE-HALF NE ONE-QUARTER NE ONE-QUARTER) OF SAID SECTION 29 A DISTANCE OF 76.46 FEET TO A POINT WHICH LIES 70.00 FEET NORTHERLY FROM THE SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE AS SHOWN ON THE PLAT OF APPLEWOOD RIDGE, A SUBDIVISION RECORDED IN THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER AT PLAT BOOK 73 AT PAGE 7; THENCE S.80E07' 13"W. PARALLEL WITH AND 70.00 FEET DISTANT FROM SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 660.29 FEET TO A POINT ON THE EAST LINE OF THE WEST 15.00 FEET OF THE W ONE-HALF NE ONE-QUARTER NE ONE-QUARTER OF SAID SECTION 29; THENCE N.OOE42'08" W. ALONG SAID EAST LINE A DISTANCE OF 182.66 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 15.017 ACRES, MORE OR LESS. Section 2. Vested Property Rights. Approval of this change of zoning and Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge 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 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a 2 court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29" Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2008. SIGNED by the Mayor on this day of 12008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney I St publication: 2nd publication: Wheat Ridge Transcript Effective Date: City of " WheatRiAe ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 8, 2008 TITLE: COUNCIL BILL NO. 24-2008 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF AGRICULTURE-ONE (A-1) ZONING FOR PROPERTY RECENTLY ANNEXED TO THE CITY OF WHEAT RIDGE LOCATED WEST OF LOT 9, CABELA'S/COORS SUBDIVISION, NORTH OF CLEAR CREEK AND SOUTH OF STATE HIGHWAY 58 AT INDIANA STREET EXTENDED (CASE NO. WZ-08-08/COORS AT CLEAR CREED ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS Quasi-judicial: ® ORDINANCES FOR 1sT READING (12/08/2008) ❑ ORDINANCES FOR 2ND READING (01/12/2009) YES ❑ NO City Mana r EXECUTIVE SUMMARY: The applicant requests approval of Agriculture-One, A-1, zoning on vacant property generally located west of Lot 9 of Cabela's/Coors Subdivision Filing #2, north of Clear Creek and south of State Highway 58 at Indiana Street extended. The property is approximately 20.3 acres in size. This property was recently annexed into the City of Wheat Ridge by City Council action on November 10, 2008. By state statute, zoning must be approved within 90 days of the annexation. The applicant is requesting an interim zoning of A-I as there is currently no specific development proposal for the property. It is anticipated that a Planned Commercial Development zoning application with accompanying Outline Development Plan will be submitted by the property owner or upon conveyance, a new owner. Planning Commission will be considering the zoning request at a public hearing to be held on December 4, 2008. COMMISSION/BOARD RECOMMENDATION: This case will be reviewed by Planning Commission at a public hearing to be held on December 4, 2008. A recommendation will be forwarded to City Council for the public hearing on January 12, 2009. STATEMENT OF THE ISSUES: The property is designated as Business Park in the City's Urban Growth Area Plan which was adopted as an addendum to the Comprehensive Plan. Although the proposed A-1 zone district is not consistent with the land use category suggested by the Comprehensive Plan, Staff recognizes that this is an interim situation and the approved annexation agreement anticipates a PCD zoning designation in the future. ALTERNATIVES CONSIDERED: 1 Approve request. 2. Do not approve request. FINANCIAL IMPACT: One-time fees for the annexation and zone change were submitted with the application. Any future request for zone change to Planned Commercial Development will require a new application and processing fees. RECOMMENDED MOTION: "I move to approve Council Bill No. 24-2008, Case No. WZ-08-08, a request for approval of a Agriculture-One, A-1, zoning on vacant property located west of Lot 9, Cabela's/Coors Subdivision, north of Clear Creek and south of State Highway 58 at Indiana Street extended, on first reading, order it published, public hearing set for Monday, January 12, 2009 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 No. 24-2008 for the following reason(s): ATTACHMENTS: 1. Council Bill No. 24-2008 INTRODUCED BY COUNCIL MEMBER Council Bill No. 24-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF AGRICULTURE-ONE, A-1, ZONING ON PROPERTY RECENTLY ANNEXED TO THE CITY OF WHEAT RIDGE LOCATED WEST OF LOT 9, CABELA'S/COORS SUBDIVISION, NORTH OF CLEAR CREEK AND SOUTH OF STATE HIGHWAY 58 AT INDIANA STREET EXTENDED (CASE NO. WZ-08- 08/COORS AT CLEAR CREEK) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Coors Brewing Company and Donald McDonald, approval of Agriculture-One (A-1) zoning on property recently annexed to the City of Wheat Ridge located west of Lot 9, Cabela's/Coors Subdivision, north of Clear Creek and south of State Highway 58 at Indiana Street extended and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Agriculture- One zoning is approved for the following described land: BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: DESCRIPTION OF LOTS 1.3 AND TRACT A: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); ATTACHMENT 1 THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING POINT OF BEGINNING #1; THENCE ALONG SAID BOUNDARY THE FOLLOWING EIGHT (8) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85°00'54" WEST, 480.94 FEET TO A POINT; 3. SOUTH 89°49'59" WEST, 310.18 FEET TO A POINT; 4. SOUTH 88°36'28" WEST, 125.11 FEET TO A POINT; 5. SOUTH 85°49'53" WEST, 273.10 FEET TO A POINT; 6. NORTH 88°15'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE SOUTHERLY; 7. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG CHORD BEARS SOUTH 88°28'30" WEST AND HAS A CHORD LENGTH OF 150.82 FEET, THROUGH A CENTRAL ANGLE OF 06°31'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON- TANGENCY; 8. NORTH 00°11'45" WEST, 362.13 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 86°15'04" EAST, 260.84 FEET TO A POINT; 2. SOUTH 74°33'52" EAST, 239.61 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT-A', AND BEING A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED TO THE CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING NINE (9) COURSES: 1. SOUTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 525.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 60°14'17" EAST AND HAS A CHORD LENGTH OF 491.51 FEET, THROUGH A CENTRAL ANGLE OF 55°49'20", FOR AN ARC LENGTH OF 511.50 FEET TO A POINT OF NON-TANGENCY; 2. SOUTH 86°04'31" EAST, 66.58 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; 3. NORTHEASTERY ALONG SAID CURVE, HAVING A RADIUS OF 500.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 63017'56" EAST AND HAS A CHORD LENGTH OF 509.43 FEET, THROUGH A CENTRAL ANGLE OF 61-15'06", FOR AN ARC LENGTH OF 534.52 FEET TO A POINT OF TANGENCY; 4. NORTH 32040'24" EAST, 85.60 FEET TO A POINT; 5. NORTH 57°19'36" WEST, 10.00 FEET TO A POINT; 2 6. NORTH 32°40'24" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 7. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 510.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 56°28'49" EAST AND HAS A CHORD LENGTH OF 411.73 FEET, THROUGH A CENTRAL ANGLE OF 47°36'50", FOR AN ARC LENGTH OF 423.82 FEET TO A POINT OF NON- TANGENCY; 8. NORTH 80°23'25" EAST, 92.85 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHERLY; 9. EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2018.17 FEET, AND WHOSE LONG CHORD BEARS NORTH 82°08'01" EAST AND HAS A CHORD LENGTH OF 122.80 FEET, THROUGH A CENTRAL ANGLE OF 03°29'13", FOR AN ARC LENGTH OF 122.82 FEET TO A POINT OF NON-TANGENCY, AND BEING A POINT ON THE SOUTH LINE OF STATE HIGHWAY 58 AS DESCRIBED AND CONVEYED IN THOSE CERTAIN DEEDS IN BOOK 2177, PAGE 367 AND IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°00'55" EAST, 322.43 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 01045'57" WEST, 141.60 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; 2. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28°11'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO POINT OF BEGINNING #1. TOGETHER WITH THE FOLLOWING DESCRIBED LAND: DESCRIPTION OF LOT 2: COMMENCING AT THE AFORMENTIONED POINT'A; THENCE ALONG THE BOUNDARY OF SAID CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087, NORTH 74°18'51" EAST, 322.38 FEET TO POINT OF BEGINNING #2; THENCE CONTINUING ALONG SAID BOUNDARY, NORTH 63°00'12" EAST, 458.54 FEET TO THE AFORMENTIONED SOUTH LINE OF STATE HIGHWAY 58; THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES: NORTH 80°35'52" EAST, 231.36 FEET TO A POINT; NORTH 87°00'55" EAST, 208.24 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED ON FILE AT RECEPTION No. 2007136692; THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING SIX (6) COURSES: 1. SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46°33'18" WEST AND HAS A CHORD LENGTH OF 283.10 FEET, THROUGH A CENTRAL ANGLE OF 27°45'48", FOR AN ARC LENGTH OF 285.89 FEET TO A POINT OF TANGENCY; 2. SOUTH 32°40'24" WEST, 57.33 FEET TO A POINT; 3. NORTH 57°19'36" WEST, 10.00 FEET TO A POINT; 4. SOUTH 32°40'24" WEST, 57.33 FEET TO A NON-TANGENT CURVE TO THE RIGHT CONCAVE NORTHWESTERLY; 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 52047'22" WEST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A COMPOUND CURVE TO THE RIGHT CONCAVE NORTHERLY; 6. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 275.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 61021'21" WEST AND HAS A CHORD LENGTH OF 402.36 FEET, THROUGH A CENTRAL ANGLE OF 94°02'04", FOR AN ARC LENGTH OF 451.33 FEET TO POINT OF BEGINNING #2. CONTAINING 886,123 TOTAL SQUARE FEET OR 20.342 TOTAL ACRES OF LAND, MORE OR LESS. Section 2. Vested Property Rights. Approval of this zoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge 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 4. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. 4 Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2008, 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 , 2009, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29"' Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2009. SIGNED by the Mayor on this day of 12009. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney lst publication: 2nd publication: Wheat Ridge Transcript Effective Date: 5 City of Wheat&dge ITEM NO: REQUEST FOR CITY COUNCIL ACTION o COUNCIL MEETING DATE: December 8, 2008 TITLE: RESOLUTION 62-2008 - A RESOLUTION REPEALING AND REENACTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2009 BUDGET YEAR ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS Quasi-Judicial: ❑ Yes ❑ ORDINANCES FOR 1ST READING (Date: ) ❑ ORDINANCES FOR 2ND READING No _CLjAd Deputy City Manager City ManaA (3 EXECUTIVE SUMMARY: Sections 10.7 and 10.9 of the Wheat Ridge City 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, 2008) established by state statute for the certification of the next year's tax levy to the county. Budget meetings were held on July 14, 2008 and August 11, 2008 and a Public Hearing was held on October 13, 2008 to provide opportunities for citizens to comment on the budget. The proposed 2009 budget includes $25,766,731 in expenses in the General Fund, $4,584,000 in expenses in the Capital Investment Program (CIP) Fund and $5,299,546 in expenses in Special Revenue Funds for a total budget of $35,650,277, excluding transfers. None STATEMENT OF THE ISSUES: Wheat Ridge's total General Fund operating budget for 2009 is $26,801,731 which includes a $1,035,000 transfer to the CIP Fund and a $500,000 contribution to WR2020. The City's total 2009 operating budget, excluding transfers and contributions, represents a 2.7% decrease compared to the adjusted 2008 Budget. When you include transfers and contributions the 2009 operating budget decreases by 12.2% compared to the adjusted 2008 Budget. The projected 2009 General Fund ending fund balance is $5,684,091 or 21.2% of expenditures. The total City budget for 2009, which includes the General Fund, CIP and Special Revenue Funds is $35,650,277 excluding transfers. WHEAT RIDGE GOALS 2014 The Mayor, City Council and staff have worked together over the last five years to develop and update a strategic plan including a vision, plan and action agenda to define that "desired destination for Wheat Ridge" and to draw the "map to Wheat Ridge's destination." The Mayor and Council identified five key strategic prioritized goals for the next fives years: City Services Develop and implement fiscal sustainability to support core services that proactively ensure the health, safety and welfare of our citizens; attract, develop and retain a fully engaged workforce; and fund internal infrastructure needs. Sustainable Growth Encourage and enhance lifestyle choices through mixed use, traditional neighborhoods and commercial development. Promote the integration of multi-modal transportation systems and improve public infrastructure. Support sustainable growth as a community value and develop the concept of the city as a steward of public resources by pursuing activities that support environmental equity and health for all citizens. . . , Economic Vitality Through collaboration and partnership with the community, public and private entities, support economic development efforts that attract, retain, and create quality jobs to ensure a diverse local economy, a resilient and growing city tax base, and thriving neighborhoods and commercial centers. Quality of Life We are a visionary community repositioning ourselves to preserve our environmental resources, enhance our small-town values, provide a safe environment for our residents, provide diverse cultural and recreational amenities, provide unique and diverse commercial and residential choices, and promote opportunities for our citizens to engage in a healthy and active lifestyle. Civic Engagement Engage citizens, businesses and other public and private entities to develop a shared vision and sense of community. ECONOMICS Staff used these goals as a guide to develop strategies and priority projects for the 2009 Proposed Budget. Unfortunately, because of decreasing revenues, increasing expenses and uncertainty in the economy the budget being presented to you was developed with a very "cautious outlook" to the economic future of Wheat Ridge. Although General Fund revenues are projected to increase by 5.3% in 2008, most of this increase can be contributed to one time use tax, building permits, and plan review fees for the Exempla Lutheran expansion project. Sales tax, the City's largest revenue source, continues to remain stagnant, increasing by only about 1 % per year. Total General Fund revenues for 2009 are projected to decrease by 5.1%. The 2009 Budget, as proposed, will provide for an ending fund balance of $5.7 million or 21.2% of operating expenditures. If revenues continue to increase on average by only 2% and expenditures increase on average by 5% the City's fund balance will decrease to $3.0 million in 2010 and will be completely gone by 2011. The 2009 Proposed budget proposes a 2.7% decrease in operating expenses compared to the 2008 Budget. The total budget including transfers to the CIP Budget and the annual contribution to WR2020 is proposed at a 12.2% decrease. Specific areas of the budget that are proposed to be cut in 2009 include the following: Out of $13.0 million in identified capital investment projects, $4.6 are proposed for funding in 2009. Projects that were put on the back burner include $324,000 of drainage projects; $1.0 million of minor street improvement projects; $5.0 million of major street improvement projects; neighborhood traffic management program; continuation of the GIS project, Phase II of the emergency siren system; construction of the Public Works and Parks Administration Building and other miscellaneous municipal facility maintenance projects. Out of the $2.3 million of scheduled vehicle replacements due to high mileage or age, the 2009 Proposed budget includes only $315,000 in replacement vehicles including (2) Police patrol sedans; (1) Police Community Services Unit truck; (2) Parks pickups; (1) Public Works dump truck; and (1) Community Development inspector pickup. Employee medical benefit copays for doctor office visits and prescriptions are proposed to increase to offset the increase in insurance premiums. The annual $1.5 million contribution to WR2020 is proposed to be reduced to $500,000. Staff understands the importance of WR2020 and the NRS and is fully committed to its success. Therefore, Staff proposes to reevaluate the City's budget situation at the completion of the 2008 year-end budget process to determine the feasibility of contributing an additional allotment of the original $1.5 million to WR2020 at that time. • Phase R of the City of Wheat Ridge marketing logo implementation is proposed to be suspended until funds become available. Phase II includes new park and open space signage throughout the city. $200,000 in miscellaneous information technology is proposed to be put on hold including a 311 Customer Response Management system. $180,000 in miscellaneous City Hall and Senior Center building maintenance projects, outdoor pool improvements, and Town Center fountain repair. $150,000 for miscellaneous studies and reports including the Bicycle Master Plan, Street Corridor Design, Economic Development Strategy and 38th Avenue Subarea Plan. • $200,000 annual contribution to the Equipment Replacement Fund for the future replacement of the Police Department CAD and RMS system and radio system. REVENUES AND EXPENDITURES The total 2009 Budget is $35,650,277 excluding a transfer of $1,035,000 to the CIP Fund. The budget is based on projected revenues of $31,883,043 excluding transfers. In addition, the beginning fund balance for 2008 is projected at $12,634,926 which brings the total available funds to $44,517,969. This will provide for a projected ending fund balance of $8,867,692. General Fund General Fund revenue is projected at $26,982,020 which is a 5.1% decrease compared to 2008 estimated revenues. In addition, the beginning fund balance for 2009 is projected at $5,503,802 which brings the total available funds for the General Fund to $32,485,822. General fund expenditures total $26,801,731, which includes a $1,035,000 transfer to the CIP Fund and a $500,000 contribution to WR2020. General Fund expenditures, excluding transfers and contributions, represent a 2.7% decrease compared to the adjusted 2008 Budget and a 2.4% increase compared to the estimated 2008 Budget. This will provide for a projected ending fund balance of $5,684,091 or 21.2% of expenditures. Capital Investment Program Fund CIP Fund revenue is projected at $1,335,000 which is a 58.6% decrease compared to the 2008 estimated revenue of $3,225,000. In addition, the beginning fund balance for 2008 is projected at $3,445,167 which brings the total available funds for the CIP Fund to $4,780,167. The 2009 Proposed CIP Budget is very limited due to a projected decrease in available funds. The only major capital project proposed for 2009 is a major street improvement project at 32nd Avenue and Youngfield Street in anticipation of the Cabela's development. In addition, limited funds are budgeted for annual CIP projects including drainage and minor street improvements, street light installation, and building infrastructure and parking lot improvements. CIP expenditures total $4,584,000 which is a 39.4% decrease compared to the adjusted 2008 Budget and a 3.0% increase compared to the estimated 2008 Budget. This will provide for a projected ending fund balance of $196,167. Open Space Fund Open Space revenue is projected at $1,610,000 which is a 56.0% increase compared to the 2008 estimated revenue of $1,032,009. In addition, the beginning fund balance for 2009 is projected at $316,505 which brings the total available funds for the Open Space Fund to $1,926,505. Open Space projects for 2009 include open space improvements, park maintenance projects, Prospect Park water line, open space sign fabrication, wildlife viewing platform and Phase I of the 38th Avenue and Kipling Street park. Open Space expenditures total $1,522,533 which is a 35.5% decrease compared to the adjusted 2008 Budget and a 32.0% decrease compared to the estimated 2008 Budget. This will provide for a projected ending fund balance of $403,972. Conservation Trust Fund Conservation Trust revenue is projected at $472,000, which is a 3.7% increase compared to the 2008 estimated revenue of $455,375. In addition, the beginning fund balance for 2009 is projected at $380,225 which brings the total available funds for the Conservation Trust Fund to $852,225. Conservation Trust projects for 2009 include Baugh House improvements, Phase I ofthe 38th Avenue and Kipling Street park, Panorama Park playground and improvements and tennis court resurface in Apel-Bacher Park. Conservation Trust expenditures total $725,000 which is status quo compared to the adjusted 2008 Budget and a 23.9% increase compared to the estimated 2008 Budget. This will provide for a projected ending fund balance of $127,225. Recreation Center Operations Fund Recreation Center Operations revenue for 2009 is projected at $2,110,523, which is a 0.05% decrease compared to the 2008 estimated revenue of $2,111,535. In addition, the beginning fund balance for 2009 is projected at $2,398,947 which brings the total available funds for the Recreation Center Operations Fund to $4,509,470. Recreation center expenditures total $2,573,851, which are a 3.9% increase compared to the adjusted 2008 Budget and a 13.3% increase over the estimated 2008 Budget. This will provide for a projected ending fund balance of $1,935,620. Miscellaneous Special Revenue Funds Several other miscellaneous Special Revenue Funds are also included in this Budget to track revenues and expenditures that are legally restricted for specific purposes or to simplify the budgeting process. Those funds include Police Investigation, Municipal Court, Richards Hart Estate, Equipment Replacement, and Crime Prevention. Detailed revenue and expenditure information for these funds can be found in the Special Revenue Funds and the Line Item Accounts sections of the Budget. STAFFING Personnel-related expenses account for the largest portion of the City's budget; therefore, maintaining this investment is a high priority. Through a periodic compensation review process, a survey of the 2008 pay scales for the City's positions was conducted for the purpose of determining what wages are generally prevailing in similar cities within the Denver metropolitan area. The final analysis of the mid-year market comparison indicated the 2008 pay range minimums and maximums for the majority of civilian positions and all sworn positions warranted adjustment in order to remain competitive in the market. As approved by City Council, the City strives to remain at the 70th percentile of the market for law enforcement (sworn) positions and 55th percentile for all civilian positions. The overall increase for these market adjustments was approximately 4.0% for civilian positions and 4.5% for law enforcement (sworn) positions. Adoption of the 2008-2009 Compensation Plans was approved by City Council on June 23, 2008. The 2009 Budget includes $177,456 in additional funds for employee step increases. Employees are eligible to receive a step increase on their anniversary date if they receive at least a satisfactory performance evaluation. A market adjustment analysis will again be conducted mid-year 2009 and any recommendations for market adjustments will be brought to City Council for approval and implementation by July 1, 2009. The 2009 Compensation Plan is designed to maintain competitive relationships with the market and provide an unbiased relationship in pay between positions and departments. You may find the complete Compensation Plan in the "Staffing" section of the Budget. The 2009 Budget includes a staffing level of 223.880 FTE's in all funds; an increase of 1.0 FTE's compared to the 2008 Budget. Staffing levels continue to remain well below the 233.755 FTE's authorized in 2002 before the budget reduction program and elimination of positions in 2003 and 2004 due to budget constraints. The proposed 1.0 FTE is for the following position: 1.0 FTE Plans Examiner/Inspector (Community Development Department) Currently the City contracts out a portion of its workload for plan reviews and building inspections. Staff recommends eliminating these contracted services and bringing them in house with a full-time Plans Examiner/Inspector. The salary for a new position is less than the contract amount. In addition, customer service will be improved. Each year the Management Team updates a five-year staffing plan to manage staffing growth and to plan for future staffing needs. The Staffing Plan is developed by evaluating several factors including current staffing deficiencies based on current levels of service; staffing needs based on future growth in levels of service; staffing needs associated with strategic plans, master plans, new programs or services; and staffing needs identified in departmental organizational assessments. Although the Staffing Plan has identified the need for additional FTE's, the 2008 Budget includes only a proposed 1.0 increase in FTE's. Future staffing levels will be evaluated very closely with City Council as needs arise. BUDGET TRANSFERS The CIP Fund will receive $1,035,000 in the form of transfers from other funds to cover expenses incurred for special projects, reimbursements or operating costs. Listed below are the funds making the transfers, the amount of the transfer and a brief justification for the transfer: CIP Fund - transfers in: From the General Fund - $1,035,000 Annual transfer to cover capital expenses. ALTERNATIVES CONSIDERED: City Council may adopt the proposed budget with amendments. FINANCIAL IMPACT: Total budget of $35,650,277, excluding transfers, to be appropriated to the various funds in the attached resolution. "I move to approve Resolution No. 62-2008, A Resolution Repealing and Reenacting the City Budget and Appropriating Sums of Money to the Various Funds and Spending Agencies in the Amounts Specified for the City of Wheat Ridge, Colorado for the 2009 Budget Year." or, "I move to deny Resolution No. 62-2008, A Resolution Repealing and Reenacting the City Budget and Appropriating Sums of Money to the Various Funds and Spending Agencies in the Amounts Specified for the City of Wheat Ridge, Colorado for the 2009 Budget Year for the following reason(s) Report Prepared by: Patrick Goff, Deputy City Manager Reviewed by: Randy Young, City Manager Attachments: 1. Resolution No. 62-2008 2. 2009 Proposed Revenues & Expenditures Summary CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 62 Series of 2008 TITLE: A RESOLUTION REPEALING AND REENACTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2009 BUDGET YEAR WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2009 has been established and public hearings and meetings have been held after duly published public notices; and WHEREAS, the budget provides for the combination of revenues and excess fund balance reserves equal to or greater than the total proposed expenditures as set forth in said budget in the total amount of $35,650,277, excluding transfers, which includes the following funds: 1. Fund 01 - General Fund 2. Fund 17 - Police Investigation Fund 3. Fund 30 - Capital Investment Fund 4. Fund 32 - Open Space Fund 5. Fund 33 - Municipal Court Fund 6. Fund 35 - Richards Hart Estate Fund 7. Fund 54 - Conservation Trust Fund 8. Fund 63 - Crime Prevention Fund 9. Fund 64 - Recreation Center Operation Fund Total Less Transfers Total Expenditures $,26,801,731 $ 10,000 $ 4,584,000 $ 1,522,533 $ 79,500 $ 1'6,700 $ 725,000 $ 371,962 $ 2,573,851 $36,685,277 ($1.035.000) $35,650,277 ATTACHMENT 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the City of Wheat Ridge Total Budget as stated in the Resolution be hereby approved, adopted, and appropriated for the entire fiscal period beginning January 1, 2009 and ending December 31, 2009. DONE AND RESOLVED THIS day of 2008. JERRY DITULLIO, MAYOR ATTEST: MICHAEL SNOW, CITY CLERK 111 of 2009 Proposed Budget Operating Funds General Fund Balance Percentage Capital Funds Capital Investment Special Revenue Funds Police Investigation Open Space Municipal Court Richards Hart Estate Conservation Trust Equipment Replacement Crime Prevention Recreation Center $5,503,802 + $26,982,020 = $32,485,822 - $26,801,731 = $5,684,091 21.2% 167 + $1.335.000 = $4.780.167 $64,995 + $1,000 = $65,995 $316,505 + $1,610,000 = $1,926,505 $59,471 + $44,500 = $103,971 $11,742 + $14,500 = $26,242 $380,225 + $472,000 = $852,225 $201,900 + $2,000 = $203,900 $252,172 + $346,500 = $598,672 $2,398,947 + $2,110,523 = $4,509,470 _ $196.167 $10,000 = $55,995 $1,522,533 = $403,972 $79,500 = $24,471 $16,700 = $9,542 $725,000 = $127,225 $0 = $203,900 $371,962 = $226,710 $2,573,851 = $1,935,619 9 Revenues & Expenditures Summary Budget Summary by Fund ATTACHMENT 2 Budget Summary by Fund Total Operating Funds $5,503,802 + $26,982,020 = $32,485,822 - $26,801,731 = $5,684,091 Total Capital Funds $3,445,167 + $1,335,000 = $4,780,167 - $43584,000 = $196,167 Total Special Revenue Funds $3,685,957 + $4,601,023 = $8,286,980 - $5,299,546 = $2,987,434 2009 Proposed Budget ( t or Wheat-Widge General Fund Revenues SALES TAXES Sales Tax $14,940,414 $15,677,085 $15,071,273 $15,221,986 Sales Tax Audit Revenue $255,293 $350,000 $350,000 $355,000 ESTIP $26,919 $0 $0 $0 URA- Wheat Ridge Cyclery $0 $0 $10,000 $20,000 URA -Town Center $340,917 $100,000 $295,000 $295,000 OTHER TAXES Real Property Tax $711,523 $720,000 $763,100 $780,000 Liquor Occupational Tax $63,790 $59,000 $59,000 $59;000 Auto Ownership Tax $65,066 $65,000 $61,849 $62,000 Xcel Franchise Tax $1,145,227 $1,100,000 $1,250,000 $1,250,000 Telephone Occupation Tax $240,979 $240,000 $240,000 $240,000 Lodgers Tax $527,305 $490,000 $530,000 $530,000 Admissions Amusement Tax $42,139 $40,500 $42,379 4$ 2,000 USE TAXES Use Tax - Retail/Professional $900,257 $500,000 $750,000 $650,000 UseTax - Building $1,194,427 $2,000,000 $2,150,940 $974,013 UseTax - Auto $1,196,482 $1,000,000 $1,041,009 $1,040,000 LICENSE Amusement Machine License $8,340 $10,000 $10,000 $10,000 Arborist License $1,430 $1,500 $1,550 $1,550 Contractors License $75,240 $70,000 $75,000 $75,000 Liquor License Fee $14,355 $12,500 $12,500 $12,000 Building Permits $537,303 $500,000 $847,627 $542,528 Street Cut Permits $33,485 $111,000 $80,000 $95,000 Cable TV Permits $303,286 $280,000 $290,000 $290,000 Elevator Inspection Fees $17,120 $20,000 $18,080 $23,730 Pawn Shop License Fees $15,000 $10,000 $10,000 $10,000 Business License Fees $66,539 $64,500 $64,000 $64,000 Revenues & Expenditures Summary 10 General Fund Revenues 1, 3 ~Uhy, of Wheat Roge 2009 Proposed Budget 0 r =~J~ M a ..8„ e- INTERGOVERNMENTAL Cigarette Tax $130,329 $120,000 $116,987 $110,000 County Road and Bridge $486,515 $480,000 $480,000 $480,000 Highway Users Tax $836,218 $880,000 $819,592 $820,000 Motor Vehicle Registration $108,212 $105,000 $107,184 $107,000 Wheat Ridge Fire Department $53,846 $53,846 $53,846 $0 Arvada Ridge Redevelopment $100,000 $100,000 $100,000 $100,000 P&R - Safe Routes to School $5,923 $10,000 $10,000 $0 Police - Bullet Proof Vest Grant $5,429 $0 $4,566 $0 Police -Auto Theft Grant $0 $6,000 $0 $0 Police - Get Connected Grant $1,799 $0 $2,900 $3,000 Police - HIDTAGrant $11,525 $10,500 $11,700 $8,000 Police - LEAF Safety Grant $14,900 $14,900 $7,000 $0 Police - Comm Policing Grant $0 $0 $625 $0 Community Development Block $0 $330,000 $0 $0 Bryne Grant $9,547 $0 $23,877 $0 Scientific & Cultural Grant $3,100 $2,900 $2,370 $2,500 Street Smart Grant $1,198 $0 $0 $0 Live Well Colorado Grant $15,081 $15,000 $7,000 $5,000 P&R - Foundation Grant $2,500 $Q $Q U0 SERVICES Zoning Applications $50,530 $23,900 $37,000 $35,000 Planning Reimbursement Fees $2,790 $1,800 $4,040 $6,300 Engineering Fees $5,944 $4,000 $8,500 $11,000 Misc. Zoning Fees $3,997 $2,500 $1,576 $2,400 Plan Review Fees $352,063 $500,000 $464,597 $351,350 Pavilion/Park Rental Revenue $25,421 $23,000 $29,000 $25,000 Athletics Revenue $111,199 $132,254 $111,026 $142,260 Gen. Prog. Revenue $107,519 $122,488 $120,000 $125,053 Anderson Building Revenue $8,865 $8,000 $8,200 $8,200 P&R Security Deposits $45,350 $55,800 $45,000 $46,000 Community Center Revenue $154,670 $139,500 $163,562 $177,914 Outdoor Swimming Fees $40,638 $143,670 $96,767 $125,500 11 Revenues & Expenditures Summary General Fund Revenues 2009 Proposed Budget Ili ~Gby, of WheatKdge Police Fees $3,874 $4,600 $4,086 $4,086 Police Report Fees $13,882 $13,000 $13,000 $13,000 Pawn Shop Ticket Fees $17,525 $20,000 $20,000 $20,000 Sex Offender Registration $2,800 $2,800 $2,800 $2,800 Police Drug Destruction Fees $666 $500 $500 $500 Police Duty Reimbursement $21,780 $50,000 $20,000 $71,600 FINES & FORFEITURES Municipal Court Fines $114,010 $95,000 $125,000 $125,000 Handicap Parking Fees $780 $700 $350 $750 Traffic $499,773 $690,000 $600,000 $635,000 General $125,692 $135,000 $120,000 $125,000 Other $15,199 $17,000 $10,000 $10,000 Parking $2,980 $3,500 $3,500 $3,500 Administrative Hearings $11,735 $50,000 $20,000 $20,000 No Proof of Insurance $17,878 $38,000 $18,000 $14,500 INTEREST Interest Earnings $246,544 $220,000 $200,000 $200,000 OTHER Cable Peg Fees $41,628 $42,000 $42,000 $42,000 Passport Processing Fee $14,910 $15,000 $12,300 $10,000 Miscellaneous Income $432,560 $350,000 $350,000 $350,000 Revenues & Expenditures Summary 12 General Fund Revenues 111 CiLy of Wheat.Rjdge 2009 Proposed Budget General Fund Expenditures Legislative Legislative Services $201,766 $331,497 $307,990 30$ 0,306 City Manager's Office City Manager $264,442 $348,140 $309,669 $283,797 Economic Development $1,988,459 U0 City Treasurer S-0 $0 City Treasurer Central Charges Central Charaes Municipal Court Municipal Court $31,261 $36,350 $36,528 $2,589,285 $2.889.738 $2,580,787 $2,470,902 $657,290 $730,888 $704,907 $773,610 13 Revenues & Expenditures Summary General Fund Expenditures 11~ 2009 Proposed Budget of Administrative Services Administration $435,879 $570,046 $527,184 $492,243 Finance $195,936 $211,295 $211,456 $223,074 Human Resources $430,901 $481,802 $465,536 $535,832 Sales Tax $197,666 $212,527 $211,651 $223,129 Purchasing and Contracting $100,160 $104,577 $101,186 $106,958 Information Technology $1,165,708 $1,411.517 $1,387,220 $1,267,684 Community Development Administration $190,111 $243,374 $223,468 $220,355 Economic Development $0 $1,798,411 $1,998,044 $1,005,843 Planning $296,306 $460,795 $326,306 $219,620 Building $233,710 $273,224 $263,665 $306,156 Long Range Planning ~-o IQ V0 $105,518 Police Administration $632,631 $799,553 $715,887 $759,857 Community Services Unit $232,686 $250,554 $246,453 $249,567 Communications $742,950 $754,513 $690,437 $778,693 School Resource Officer $167,933 $281,262 $212,861 $218,896 Records $265,160 $270,955 $251,059 $271,131 Training $209,917 $293,104 $287,990 $290,785 Patrol $3,556,070 $3,773,146 $3,732,445 $3,987,187 Investigations $1,302,187 $1,496,691 $1,400,555 $1,508,356 Traffic Enforcement $250,403 $443,411 $350,029 $368,124 Special Investigations $166,505 $171,780 $186,091 $187,438 Emergency Operations $22,032 $25,801 $25,009 $42,001 Public Works Administration $141,226 $148,617 $150,220 $156,478 Engineering $912,815 $1,072,759 $1,043,193 $1,001,403 Operations $2,509,910 $2,952,418 $2.828.958 $2,809,153 Revenues & Expenditures Summary 14 General Fund Expenditures l~ City of WheatR&e 2009 Proposed Budget P, Parks and Recreation Administration $204,890 $255,039 $252,839 $229,325 Recreation $209,115 $271,869 $264,277 $260,293 Parks Maintenance $1,058,060 $1,366,510 $1,301,397 $1,351,417 Forestry $232,594 $299,723 $297,683 $285,833 Open Space $198,741 $243,160 $237,016 $248,608 Anderson Building $85,793 $106,089 $105,089 $87,260 Athletics $167,244 $241,819 $206,800 $221,193 General Programs $177,698 $202,045 $199,149 $227,582 Outdoor Pool $65,647 $302,124 $210,129 $196,787 Senior/Community Center $433,225 $457,093 $451,983 $526,615 Building Maintenance $371,965 $446,432 $435,789 $486,119 15 Revenues & Expenditures Summary General Fund Expenditures September 26h - Proposed budget distributed to Mayor and Council and made available to the public October 201° - Budget meeting; consensus was reached by Council to balance the budget without using City reserves November 17th - Budget meeting; proposed budget cut by an additional $775,919 December 8th - Budget adoption; balanced budget; add $180,289 to City reserves ❖$26.8 million - includes a $1.0 million transfer to the CIP Budget and $500,000 to WR2020 ❖12.2% decrease compared to 2008 Adjusted Budget October 6th - Budget retreat - budget cut by $203,000 based on feedback from Council October 13th - Public hearing ❖$35.7 million -Includes General, CIP and 8 Special Revenue Funds 012.7% decrease compared to 2008 Adjusted Budget $26,982,020 Revenues $5,503,802 Beginning Fund Balance $32,485,822 Total Available Funds ❖5.1% decrease compared to 2008 estimated revenues (not including fund balance) ❖$5,684,091 - ending fund balance (21.2%) ❖$4,584,000 ❖40% decrease compared to the 2008 Adjusted Budget Arvada Channel E\tension Extension of the Arvada Channel from Miller St to Oak St. in cooperation with UDFCD ($80,000) J> Air conditioning and shelving Total: $58,000 ,Q 32nd Ave and Youngfield St. Improvements City Portion $3,300,000 A wmwrou,~ ^'m;' roalufiiaw~LF wanriu 6 Demolition of 3388 Swadley St. The house along Lena Gulch will be removed in cooperation with UDFCD ($20,000) $300,000 Revenues $1,035,000 Transfer from General Fund $3,445,167 Beginning Fund Balance $4,780,167 Total Available Funds ❖58.6% decrease compared to 2008 estimated revenue -•$196,167 - ending fund balance 2 $2,573,851 ❖3.1% increase compared to the 2008 Adjusted Budget ❖$1,522,533 - includes staffing of 6 parks employees ❖37.1% decrease compared to 2008 Adjusted Budget ❖Disposal of Park Property - small portion of 38th and Kipling ($100,000) o Repayment to Jefferson County Open space for their percentage of the purchase price $2,110,523 Revenues $2,398,947 Beginning Fund Balance $4,509,470 Total Available Funds ❖0.05% decrease compared to 2008 estimated revenues ❖$1,935,620 - ending fund balance -Open Space Improvements ($25,000) -Park Maintenance Projects ($50,000) ❖Open Space Sign Fabrication ($30,000) ❖Prospect Park Water Line ($55,000) ¢•Park Site Development/Construction - Phase 1 ($700,000) 0 38th and Kipling 3 ❖Wildlife Viewing Platform/Boardwalk ($100,000) o East of West Lake ❖$725,000 4 2.0% decrease compared to 2008 Adjusted Budget 4• Miscellaneous Improvements Panorama Park ($85,000) ❖Resurface Tennis Courts - Apel- Bacher($25,000) $1,610,000 Revenues $316,505 Beginning Fund Balance $1,962,505 Total Available Funds ❖56.0% increase compared to 2008 estimated revenues ❖$403,972 - ending fund balance 4•Baugh House Improvements ($155,000) ❖38th and Kipling Park Development/Construction - Phase I ($400,000) ❖Panorama Park Playground ($60,000) $472,000 Revenues $380,225 Beginning Fund Balance $852,225 Total Available Funds ❖3.7% increase compared to 2008 estimated revenues ❖$127,225 - ending fund balance 4 220.868 222.266 222.866 228.886 ❖$8.4 million in CIP projects including: o Drainage projects ($324,000) o Minor street improvements ($1.0 million) o Major street improvements ($5.0 million) o Continuation of GIS project ($270,000) • Phase II of emergency siren system ($124,000) o Construction of PW and Parks Building ($800,000) o Neighborhood traffic management ($65,000) E•1.0 FTE Plans Examiner/Inspector (CD) o Eliminate contract services • Increases customer service • Salary for new position is less than contracted services ❖$2.0 million Scheduled Vehicle Replacements ❖Phase II Marketing Logo Implementation ❖$1.0 million decrease to WR2020 ❖$200,000 in IT projects ❖$140,000 in City Hall/Senior Center maintenance :•$200,000 to Equipment Replacement Fund 5 zaoa tom 20 2t nootmaoea ,mtmteea MmN ea ptoposea •CaveN ORecneLLav Cevtee ®C,Ime P,evmLLav ~ ev8 ec ❖$30,000 Outdoor Pool equipment ❖$150,000 in planning and studies: o Bike Master Plan o Street Corridor Design Economic Development Strategy a 38" Ave. Subarea Plan 6 City of ~Wheatlidge ITEM NO: REQUEST FOR CITY COUNCIL ACTION ,nom. COUNCIL MEETING DATE: December 8, 2008 8. TITLE: RESOLUTION 63-2008 - A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 20089 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2009 BUDGET YEAR ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS Quasi-Judicial: ❑ Yes No Deputy City Manager ,c ~,A_,Lk Fief City Manager Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to certify to the City the total valuation for assessment of all taxable property located within the territorial limits of the City of Wheat Ridge. The total net assessed valuation for the City for the year of 2008 is $429,012,220 which is an increase of $4,578,380 compared to the year of 2007. The City is also required by this same section of the C.R.S. to officially certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 12, 2008. The City's property tax mill levy will remain at 1.830 mills for the 2009 budget potentially raising $785,092 in property tax revenue, an increase of $8,378 compared to 2008. Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill Of Rights (TABOR), restricts increases in property tax revenue to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 63 Series of 2008 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2008, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2009 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2009 annual budget on December 8, 2008 in accordance with the Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $785,092, and; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by December 12, 2008, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year of 2008 is $429,012,220 and; WHEREAS, the City for the fiscal year 2008 has determined to levy 1.830 mills on all taxable property within the City; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2009 budget year, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2008. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson County, Colorado the mill levy for the City of Wheat Ridge as herein above determined and set. DONE AND RESOLVED THIS day of 2008. JERRY DiTULLIO, MAYOR ATTEST: MICHAEL SNOW, CITY CLERK ATTACHMENT I OFFICE OF COUNTY ASSESSOR JIM EVERSON ,00 JEFFERSON COUNTY PARKWAY GOLDEN. C080419-2500 Assessor WHEAT RIDGE - 3110 % CITY OF WHEAT RIDGE 7500 W 29TH AVE WHEAT RIDGE, CO 80215 December 01, 2008 SUBJECT: 2008 Certification of Value The total ASSESSED valuation for your authority for the year 2008 is 429,352,120 TIF District (Urban Renewal) Increment: $ 339,900 Current year net assessed valuation: $ 429,012,220 Last year your gross assessed value was: $ 429,218,240 New.construction assessed value: $ 3,629,811 Increased production of producing Mine*: $ 0 Annexation/Inclusion assessed value: $ 0 Previously exempt federal property*: $ 0 Exclusion assessed value: $ 0 The law (39-10-114(13)C.R-.S.1973, as amend ed) requires that we report to you the amount of abatements and refunds granted duri ng the past year. Pursuant to 29-1 -301, we are also reporting revenue recei ved from property previously omitted from the tax roll. These amounts, for th e on e year period preceding September 1, 2008, are as follows: Abatements & Refunds: $ 19,108 Revenue from Omitted Property: $ 97 * Jurisdiction must submit a certification to the Division of Local Government in order for the value to be counted as gro wth. ATTACHMENT 2 Phone: (303) 271-8667 Fax: (303) 271-8616 City of ~Wheatl:kAi e ITEM NO: REQUEST FOR CITY COUNCIL ACTION I LIB COUNCIL MEETING DATE: December 8, 2008 8. TITLE: RESOLUTION 63-2008 - A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 20089 TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2009 BUDGET YEAR ❑ PUBLIC HEARING ❑ ORDINANCES FOR I ST READING (Date: ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS Quasi-Judicial: ❑ Yes No Deputy City Manager ,_c ~J_4, ( ro( City Manager Section 39-5-128 of the Colorado Revised Statutes (C.R.S.) requires the Jefferson County Assessor to certify to the City the total valuation for assessment of all taxable property located within the territorial limits of the City of Wheat Ridge. The total net assessed valuation for the City for the year of 2008 is $429,012,220 which is an increase of $4,578,380 compared to the year of 2007. The City is also required by this same section of the C.R.S. to officially certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 12, 2008. The City's property tax mill levy will remain at 1.830 mills for the 2009 budget potentially raising $785,092 in property tax revenue, an increase of $8,378 compared to 2008. Section 20 of Article X of the Constitution of Colorado, the Taxpayers Bill Of Rights (TABOR), restricts increases in property tax revenue to inflation plus local growth (defined as the percentage change in actual value of real property from construction of taxable real property improvements). Wheat Ridge voters exempted the City from this TABOR revenue limitation at the November 2006 election. However, TABOR still restricts the City from raising the property tax mill levy without voter approval unless the mill levy was temporarily reduced in a previous year. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: The City's mill levy will be set at 1.830 raising $785,092 in property tax revenue. "I move to adopt Resolution No. 63-2008 levying a mill levy of 1.830 on general property taxes for the year of 2008, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2009 budget year." or, "I move to postpone, indefinitely Resolution No. 63-2008 levying a mill levy of 1.830 oh'general property taxes for the year of 2008 for the following reason(s) " Report Prepared by: Patrick Goff, Deputy City Manager Attachments: 1. Resolution No. 63-2008 2. 2008 Certification of Value CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 63 Series of 2008 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR OF 2008, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2009 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2009 annual budget on December 8, 2008 in accordance with the Local Government Budget Law, and; WHEREAS, the amount of money necessary to balance the budget for general operating purposes from real property tax revenue is $785,092, and; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by December 12, 2008, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year of 2008 is $429,012,220 and; WHEREAS, the City for the fiscal year 2008 has determined to levy 1.830 mills on all taxable property within the City; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: A. That for the purpose of meeting all general operating expenses of the City of Wheat Ridge during the 2009 budget year, there is hereby levied a tax of 1.830 mills placed upon each dollar of the total valuation of all taxable property within the City of Wheat Ridge for the year 2008. B. That the Mayor of the City of Wheat Ridge is hereby authorized and directed to immediately certify to the County Commissioners of Jefferson County, Colorado the mill levy for the City of Wheat Ridge as herein above determined and set. DONE AND RESOLVED THIS day of 2008. JERRY DiTULLIO, MAYOR ATTEST: MICHAEL SNOW, CITY CLERK ATTACHMENT I OFFICE OF COUNTY ASSESSOR JIM EVERSON 00 JEFFERSON COUNTY PARKWAY GOLDEN, CO 80419-2500 Assessor WHEAT RIDGE - 3110 % CITY OF WHEAT RIDGE 7500 W 29TH AVE WHEAT RIDGE, CO 80215 December 01, 2008 SUBJECT: 2008 Certification of Value The total ASSESSED valuation for your authority for the year 2008 is 429,352,120 TIF District (Urban Renewal) Increment: $ 339,900 Current year net assessed valuation: $ 429,012,220 Last year your gross assessed value was: $ 429,218,240 New.construction assessed value: $ 3,629,811 increased production of producing Mine*: $ 0 Annexation/Inclusion assessed value: $ 0 Previously exempt federal property*: $ 0 Exclusion assessed value: $ 0 The law (39-10-114(13)C.R-.S.1973, as amended) requires that we report to you the amount of abatements and refunds granted during the past year. Pursuant to 29-1 -301, we are also reporting revenue recei ved from property previously omitted from the tax roll. These amounts, for the one year period preceding September 1, 2008, are as follows: Abatements & Refunds: $ 19,108 Revenue from omitted Property: $ 97 * Jurisdiction must submits. certification to the Division of Local Government in order for the value to be counted as growth. ATTACHMENT 2 Phone: (303) 271-8667 Fax: (303) 271-8616 ♦~AIf City of Wheat dge ITEM NO: REQUEST FOR CITY COUNCIL ACTION III ~ COUNCIL MEETING DATE: December 8, 2008 TITLE: RESOLUTION NO. 64-2008 - A RESOLUTION DISTRIBUTING A PORTION OF THE CITY'S JURISDICTIONAL ALLOCATION OF FEDERAL HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE JEFFERSON COUNTY HOUSING AUTHORITY'S HOMEOWNER HOUSING REHABILITATION PROGRAM ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: ❑ YES irector of Co uni 'Development EXECUTIVE SUMMARY: ® NO Ci Manager The City receives an annual jurisdictional allocation of federal funds as part of the Community Development Block Grant (CDBG) program administered by the Department of Housing and Urban Development (HUD). The funds are distributed from HUD through the Jefferson County Community Development Division. The City has five years from the year funds are allocated to expend CDBG funds. Jefferson County has established an administrative policy requiring that specific projects be identified for the funds within 3 years of the allotment year to ensure the funds can be expended within the 5 year timeframe. The City currently has expended only a portion of our 2007 allocation and none of our 2008 jurisdictional allocation. City Council adopted a policy concerning the expenditure of CDBG funds in January of 2008. This policy directs that CDBG funds be used to support implementation of the Neighborhood Revitalization Strategy (NRS). Also, earlier this year, City Council directed that a portion of the City's 2007 allotment of jurisdictional CDBG funds be allocated to the Jefferson County Housing Authority (JCHA) and to the Senior Resource Center (SRC). Council also directed the remainder of the 2007 and 2008 funds be set aside for future infrastructure costs in association with redevelopment opportunities at the intersection of 44`x' Avenue and Wadsworth Blvd. Jefferson County Housing Authority has recently requested the City consider providing additional funding for their Homeowner Housing Rehabilitation Program. The request was introduced at the November 17 City Council study session. The request before City Council is to approve an allotment of an additional $100,000 of 2007 CDBG funds to this Jefferson County Housing Authority program. COMMISSION/BOARD RECOMMENDATION: No Commission or Board recommendation is required for the administration of the City's CDBG funds. STATEMENT OF THE ISSUES: CDBG funds must be used to meet the overall goals and objectives of this federal program. The three national objectives are: 1. Benefit to low to moderate income households; 2. Elimination of slum and blight; and 3. Urgent need (such as needs created from natural disasters). Jefferson County receives an annual allocation of approximately one million dollars of CDBG funds for use in assisting the low-to-moderate income population in the County. From their annual allocation, the County takes 20% to cover administration of the CDBG program. Funds are then distributed among the jurisdictions of Edgewater, Golden, Mountain View and Wheat Ridge based on population. After distribution to these jurisdictions, the County retains a pool of CDBG funds for competitive distribution to non-profits or governmental agencies. Since Arvada and Lakewood have populations over 50,000, they receive their CDBG funding directly from HUD. The City's CDBG jurisdictional allocation for 2007 was $333,338. The 2007 balance is now $233,338 with the allocation of funds to the JCHA and SRC earlier this year. The 2008 jurisdictional allocation is $319,871. The 2009 allocation is anticipated to be around $300,000. Allocated funds must be expended by the jurisdiction or agency within five years. The maximum amount that can be given to service organizations is 15% unless organizations are addressing "bricks and mortar." Projects must be identified for the funds within 3 years of the allocation, pursuant to Jefferson County policies in administering the funds. Projects must be identified for the City's 2007 funds no later than 2010. For the past few years, the City has used its jurisdictional allocation of funds for infrastructure improvements on 41" Avenue. Prior to that, the City primarily gave its funds to non-profits including one year in which JCHA was given the City's entire allocation. CDBG funds were also used for streetscape improvements on 38t' Avenue between Harlan Street and Sheridan Blvd. In an effort to ensure the best use is made of the City's CDBG funds, the following policy was adopted in early 2008: "The City shall use CDBG funds to support implementation of the City of Wheat Ridge Neighborhood Revitalization Strategy. This includes 1) revitalization and infrastructure improvements to distressed commercial corridors and low to moderate income neighborhoods to eliminate slum and blight, 2) improvements to residential housing through the rehabilitation of existing rental and owner occupied housing 3) initiatives to increase home ownership, and 4) economic and community development and redevelopment opportunities and programs." City Council adopted Resolution 28-2008 in June of this year which directed $50,000 be allocated to the JCHA and $50,000 be allocated to the SRC. In addition, the Resolution stated the remainder of the 2007 and 2008 CDBG funds should be set aside for infrastructure improvements to facilitate the redevelopment of the properties the Wheat Ridge Urban Renewal Authority owns at the intersection of 44th Avenue and Wadsworth Blvd. ALTERNATIVES CONSIDERED: In support of the adopted City Council policy concerning the expenditure of CDBG funds, there are many eligible options to expend these funds, including the JCHA program under consideration. By way of example, other alternatives that could be considered would include: 1) streetscape improvements to 38th Avenue between Harlan Street and Wadsworth Blvd; 2) previously identified drainage improvements in eligible areas of the City; 3) additional staffing or contract labor to conduct code enforcement and/or housing inspections in deteriorating neighborhoods and commercial corridors. FINANCIAL IMPACT: No negative financial impact to the City is anticipated. "I move to approve Resolution No. 64-2008 allocating $100,000 of the City's 2007 CDBG jurisdictional allocation to the Jefferson County Housing Authority" or, "I move to table indefinitely Resolution No. 64-2008 for the following reason(s): Report prepared by: Sally Payne, Senior Planner Report verified by: Ken Johnstone, Director, Community Development ATTACHMENTS: 1. Resolution No. 64-2008 2. Letter from JCHA CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 64 Series of 2008 TITLE: A RESOLUTION CONCERNING EXPENDITURE OF THE CITY'S 2007 JURISDICTIONAL ALLOCATION OF FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City currently receives annual allocations of Federal funding from the Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) Program, administered through the Jefferson County Community Development Division; and WHEREAS, the Department of Housing and Urban Development (HUD) has established certain parameters within which local jurisdictions are allowed to expend such funds, which generally relate to three areas: 1) provision of low and moderate income housing, 2) elimination of slum and blight, and 3) emergency needs; and WHEREAS, the City is permitted to establish additional local priorities for the use of CDBG funds, so long as they remain within the general areas identified by HUD for this program; and WHEREAS, City Council has adopted a policy establishing that the City's CDBG funds should be used to implement the goals of the Neighborhood Revitalization Strategy; and WHEREAS, the City is permitted to determine how the City's jurisdictional allocations will be expended as long as the projects are eligible and meet the goals and objectives of the CDBG program, subject to final approval by the Jefferson County Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A portion of the City's 2007 jurisdictional allocation of CDBG funds shall be expended in the following manner: - $100,000 to the Jefferson County Housing Authority Single Family Rehabilitation loan program Section 2. This resolution shall be effective upon adoption. DONE AND RESOLVED this 8' day of December, 2008. Jerry DiTullio, Mayor ATTEST Michael Snow, City Clerk ATTACHMENT I K"AHOUSING JEFFERSON COUNTY AUTHORITY e ~ 11/10/08 Ken Johnstone, Community Development Director City of Wheat Ridge 7500 W 29M Ave Wheat Ridge, CO 80033 Re: CDBG allocations through Jefferson County Community Development for the Homeowner Housing Rehabilitation Program Dear Ken, 7490 West 45th Avenue Wheat Ridge, CO 80033 303.422.8600 fax 303.422.3229 www.icha.org (Note to Ken: The following is ourfettergoing out to the PJs for 2009PYfunding. In 2008 we wr71 do more projects in Wheat Ridge than in anyotherarea underdie Jehbo CDBG/HOMEProgram. Currently we are std( using some ofthe 2007-08 HOME funds to take pre ofrehabbing Me Wheat Ridge homes. We also have started into using the Wheat Ridge 2008 CDBG$60,000 on projects that dent fitiritothe HOME requirements. So it appears that early in 2009 we WE be needing to be proceeding on to the 2009 CDBG funds to keep the Rehab Program ro9ng for Wheat Pdge homeowners; Buthwanted to get this to you 1f you needed it Thanks again Ken-Doug.) The Rehab Program at JCHA is funded with CDBG/HOME funds as a sub-recipient to provide a housing rehabilitation program to assist homeowners in unincorporated Jefferson County and in the individual cities that receive Block Grant funding. Our latest contracts active with Jefferson County Community Development currently` provides the,Rehab Program with funds from various funding years involving both CDBG and HOME funds. We are now. in the 2009 Program Year funding cycle and at the present time it appears that there may not be 2009PY funds available from the Jeffco CDBG or HOME General Fund. Therefore we will be looking to the Participating Jurisdictions-your city-to help provide home rehab assistance with the 2009PY allocations that will start next June. We appreciate your consideration when you are planning your allocations of your jurisdictional funds and how the Rehab Program is assisting the homeowners in your community. Program Description: The Rehab Program provides technical and financial assistance to low/moderate income homeowners for necessary work on their homes to keep them decent, safe and affordable. Qualified households receive assistance in doing the needed repairs and maintenance, such as new roofs, furnaces, electrical and plumbing, work to make the home more energy efficient, and also to provide accommodations for those with disabilities. This rehabilitation work not only helps the individual family, but it also fosters the stability and value of the neighborhoods in general. We also feel that the Rehab Program helps promote home ownership in the community by assisting those who have no other means to do the necessary work, thereby possibly jeopardizing their ability to stay in the home as owner-occupant. The financial assistance to cover the cost of rehab is in the form of affordable loans with terms determined by a Rehab Loan Committee made up of knowledgeable volunteers from the community. As the loans are repaid (Program Income), the money is put back into the Program to assist other homeowners. The community needs the Rehab Program. Based on the statistics compiled for the Jeffco Consolidated Plan concerning homeownership, age of homes and household income, we estimate that over 40,000 households Would qualify for and may need rehab assistance. We consistently have a waiting list of 20 to 30 applications. The Rehab Program receives referrals from your local building departments and code enforcement, from Human Services, Jeffco and State Health Departments, Mountain Resource Center, senior centers and Meals-on-Wheels. We have been in partnership on many projects with SunPower (LEAP Program), Habitat for Humanity, Rebuilding Together, Northeast Denver Housing Center (on lead based paint abatement) or DDRC and Medicare on accessibility work. ATTACHMENT 2 l~ • Page 2 The JCHA Rehab Program has assisted over 400 homeowners in Jefferson County since the Program started in 1994. The breakdown by area (Unincorporated Jefferson Co., Wheat Ridge, Golden, Mountain View, Edgewater, and Lakewood) is shown in the following chart: *JCHA contracted with the City of Lakewood (separate CDBG/HOME funding from Lakewood) to administer their Rehab Program starting in 2002. PROJECTS COMPLETED by AREA 1994 to 2008 T tal Projects completed by area: JFC- unincor WHR GLD MTV EGW o Jeffco LKW* Totals 19944999 50 41 15 14 2 122 122 2000 11 13 4 2 0 30 30 2001 11 14 3 1 1 30 30 2002 8 6 3 1 2 20 11 31 2003 9 7 1 1 2 20 10 30 2004 11 8 6 1 1 27 21 48 2005 7 4 1 1 0 13 16 29 2006 3 6 3 2 1 15 15 30 2007 3 10 9 1 0 23 18 41 projected 2008 4 11 8 1 2 26 19 45 TOTALS: 117 120 53 25 11 326 110 436 Average/year '94=.5 r : 8 8 4 2 1 22 16 30 Total Funds Used a rox : $2,194,000 $2,292,000 $868 000 $521,000 $257,000 $6,132,000 $915,000 $7,047,000 av ro (including admin): $18,752 $19,100 $16,377 $20,840 $23,364 $18,810 $8,318 $16183 We sincerely appreciate your continued support of the Rehab Program and request that you keep us in mind as you review 2009 CDBG funds. If you would like any additional information, please feel free to contact us. Doug Knop, A Housing Rehab Program Manager Jefferson County Housing Authority 7490 West 45th Avenue Wheat Ridge, CO 80033 Ph: 303.422-8600 x112, Fax: 720.9745808 Email: dknop(o~icha.org Or call Melody Toineeta, ext 114