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HomeMy WebLinkAbout11-28-22 City Council MeetingAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO November 28, 2022 7:00 p.m. This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building, if allowed to meet on that date per COVID-19 restrictions. Some members of the City Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on November 28, 2022). 3. Virtually attend and participate in the meeting through a device or phone: • Click here to join or provide public comments. Or call +1-669-900-6833 with Access Code: 832 6799 2110 Passcode: 394457 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Those requiring assistance, ASL, or translation service for languages other than English are asked to contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES November 14, 2022 City Council Minutes APPROVAL OF AGENDA CITY COUNCIL AGENDA: November 28, 2022 PROCLAMATIONS AND CEREMONIES None PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA NONE PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 20-2022 - an ordinance amending Sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the city’s Sales and Use Tax for carryout bag fees enacted by the State of Colorado 2. Resolution No. 42-2022 - a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2023 Budget Year ORDINANCES ON FIRST READING 3. Council Bill No. 22-2022 – an ordinance amending the Wheat Ridge Code of Laws to permit composting under prescribed conditions DECISIONS, RESOLUTIONS, AND MOTIONS 4. Resolution No. 43-2022 – a resolution levying general property taxes for the year 2022, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2023 Budget Year 5. Motion to elect Mayor Pro Tem CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 14, 2022 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:01 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Scott Ohm Rachel Hultin Janeece Hoppe Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also, present: City Manager, Patrick Goff; City Attorneys Jerry Dahl and Nicholas Klein; City Clerk, Steve Kirkpatrick; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Director of Parks and Recreation, Karen O’Donnell; Interim Director of Community Development, Lauren Mikulak; Human Resources Business Partner Melissa Long and HR Director Michael Classen other staff, guests and interested citizens. APPROVAL OF MINUTES The Council Minutes of August 22, 2022, City Council Minutes of September 12, 2022, Special Study Session Notes of September 19, 2022, Special Meeting notes of September 19, 2022, City Council Minutes of September 26, 2022, Study Session Notes of October 3, 2022, and Study Session Notes of October 17, 2022, were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. City Council Minutes November 14, 2022 page 2 PROCLAMATIONS AND CEREMONIES Small Business Saturday – November 26, 2022. Mayor Starker read the proclamation, which highlighted the critical role small businesses play in employing 46 million people in the US and contributing to local economies and communities. Ms. Maki DeLaet, President of the WR Small Business Association, accepted the procla-mation and thanked the City, Council and Mayor for acknowledging this important day. Mayor Starker proclaimed November 26, 2022, as Small Business Saturday and urged everyone to shop businesses located in the City of Wheat Ridge. National Native American Heritage Month Mayor Starker designated the month of November as National Native American Month acknowledging how Native Americans have enriched our heritage and continue to add to all aspects of our society through their generosity of culture and the continued practice of teaching economic, environmental, and cultural sustainability. National Veterans and Military Families Month Mayor Starker recognized and honored the Veterans and the Military Families, who also then designated November 2022 as National Veterans and Military Families Month. He acknowledged the role that not only service members but also their families play in protecting our freedom. Wheat Ridge Police Sergeant Jamie Watson (CPO, US Navy Medical Corps, Ret.) accepted the proclamation on behalf of herself and all the other Veterans she represented. She eloquently and sincerely thanked the City, Mayor, and Council for this proclamation. National Records Appreciation Proclamation Mayor Starker proclaimed the week of November 14, through November 18, 2022, as Law Enforcement Records Personnel Appreciation week. The Mayor, Council, City Clerk and City Treasurer the City of Wheat Ridge is proud of the dedicated Police Department Records professionals who respond to the needs of officers and detectives while also serving our community members with care and compassion, during what for them is often a very difficult time. Angel LaPierre, Wheat Ridge Police Department records safe keeper, accepted the proclamation on behalf of herself and her peers across the state and nation. PUBLIC’S RIGHT TO SPEAK Lee Recca, 4475 Brentwood – Came to protest the opening of a firearms range and gun store on 44th Avenue. She cited the proximity of the proposed business to children at nearby schools and the swimming pool in Anderson Park. She cited three different legal means to stop the business from opening based on Federal and state law. She urged the creation of a task force to investigate this situation. City Council Minutes November 14, 2022 page 3 Rosemarie Bowden, and Walter Kordzial, both residing at 3535 Dudley St., came to address the proposed speed bump in their neighborhood. They received a letter indicating that their street would be on tonight’s agenda. That item was pulled from this evening’s agenda at residents’ request to await presentation of a petition from residents in that neighborhood. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). CONSENT AGENDA No items this evening. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 18-2022 – An Ordinance amending Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process for hotel licensing. CM Nosler Beck introduced Council Bill 18-2022 Issue This Council Bill amends the Wheat Ridge Code of Laws to authorize the issuance of administrative subpoenas for records related to hotel licensing requirements. Mayor Starker opened the public hearing. City Clerk Steve Kirkpatrick assigned Ordinance No. 1748. Staff Presentation City Attorney Nicholas Klein described the new City hotel license requirements, (codified as Article XVI of Chapter 11 of the Wheat Ridge Code), one of which requires that hotel establishments obtain a City license, one condition of which is that the hotel must meet certain structural and operational requirements. One of the operational requirements is to limit the duration of guest stays to match the type of hotel license held (regular or extended stay). Efficient and reliable access to hotel guest records will be a key element of monitoring compliance. City Council Minutes November 14, 2022 page 4 In general, City staff may file an affidavit with a Court to obtain a warrant authorizing the seizure of a business’ documents. Such an affidavit must articulate probable cause to believe that the documents will reveal evidence of legal violations Public Comment No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Council Questions and comments CM Hoppe asked detailed questions about the procedure this ordinance would create. Mr. Goff and City Treasurer Chris Miller gave detailed responses. Motion by CM Nosler Beck to approve Council Bill No. 18-2021 - an ordinance amending Sections 2-89 and 11-565 of the Wheat Ridge Code of Laws to provide an administrative subpoena process for hotel licensing, on second reading, and that it take effect 15 days after final publication, seconded by CM Stites, motion carried 8-0 2. Resolution 39-2022 – A Resolution declining full participation in the Colorado Paid Family and Medical Leave Insurance Program CM Stites introduced the resolution. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. Issue The Colorado Paid Family and Medical Leave Insurance Act was passed by voters in the November 2020 election. The new law requires all employers to provide paid family and medical leave to its employees through a state managed program which is funded by employer and employee paycheck withholdings. Local governments have the option to decline participation in the program Staff Presentation Human Resources Business Partner Melissa Long and HR Director Michael Clasen spoke briefly to the council on the issue including Council’s review of this matter in a study session on June 27, 2022. At that meeting, Council provided consensus to opt out of the state’s paid family leave program and bring back an internal program draft for consideration. If the City were to participate in the state’s program, it would cost approximately $90,000 per year to cover the 50% mandatory employer premium based on 2021 audited payroll. Additionally, staff estimates another 0.25-0.50 FTE would be required to administer the program. Public Comment No one came forward to speak about this item. There were none who wanted to speak through the Zoom format. City Council Minutes November 14, 2022 page 5 Council Questions and comments CM Nosler Beck indicated her strong support for this motion and thanked the staff for their excellent and time-consuming effort this took. CM Dozeman thanked the staff for their work, adding she is very glad that we have the option to not participate because of the burden the program imposes on municipalities and small businesses. Motion by CM Stites to approve Resolution No. 39-2022 – a resolution declining full participation in the Colorado Paid Family and Medical Leave Insurance Program, seconded by CM Weaver, motion carried 8-0. ORDINANCES ON FIRST READING 3. Council Bill No. 20-2022 – An Ordinance amending Sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s Sales and Use Tax for carryout bag fees enacted by the State of Colorado. CM Ohm introduced Council Bill 20-2022 Issue The Colorado State Legislature adopted a carryout bag fee effective January 1, 2023, which by January 1, 2024, prohibits all retailers, with a few specific exceptions, from providing single-use plastic bags. Carryout bag fees are currently subject to local sales tax. As a home-rule City, Wheat Ridge is able to establish its own laws including the ability to exempt from taxation certain goods and services. The attached ordinance enacts such an exemption for the City. Motion by CM Ohm to approve Council Bill 20-2022, an ordinance amending sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s sales and use tax for bag fees enacted by the State of Colorado, on first reading, ordered in published, public hearing set for Monday, November 28, 2022, at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication; seconded by CM Hultin; motion carried 8-0 4. Council Bill No. 21-2022 – An Ordinance approving the rezoning of property located at 7525 W. 44th Avenue from Commercial-One (C-1) to Mixed Use- Commercial (MU-C) CM Ohm introduced Council Bill 21-2022 Issue The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for property located at 7525 W. 44th Avenue. The zone change will result in a zoning that matches surrounding zoning and enables redevelopment of the site by expanding permitted uses. City Council Minutes November 14, 2022 page 6 Motion by CM Ohm to approve Council Bill 21-2022, an ordinance approving the rezoning of property located at 7525 W. 44th Avenue from Commercial-One (C-1) to Mixed Use-Commercial (MU-C), on first reading, ordered in published, public hearing set for Monday, December 12, 2022, at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication; seconded by CM Dozeman; motion carried 8-0 DECISIONS, RESOLUTIONS AND MOTIONS 5. Motion to approve the selection of public art for the Improve Wadsworth Project to JCAS Studios CM Hutchinson introduced the Motion. Issue The Improve Wadsworth Project includes funding for public art. The process for selecting public art is defined in the Public Art Management Plan. Per this process, a series of public art pieces proposed by the JCAS Studios team have been commissioned. JCAS Studios’ proposal was selected by an appointed committee for recommendation to the Cultural Commission. The Cultural Commission reviewed the proposal and per the defined process would like to make a recommendation to City Council for acceptance and purchase. The purchase price of $475,000 includes design, construction, installation, and documentation. Staff Presentation Director of Parks & Recreation Karen A. O’Donnell spoke on the proposed motion describing the policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. The public art selection committee included a Cultural Commission representative, one community representative, a visual artist, an elected representative, a City staff representative, and two site agency representatives from CDOT. Kendall Peterson, our Public Arts consultant outlined the process of decision-making to bring this proposal to Council and the process that will follow if Council approves. The cost for this acquisition is $475,000. The funds for this purchase are appropriated in the 2023 Public Art Fund in the amount off $467,000. In early 2023, we will request contract approval, including a budget supplemental in the amount of $8,000 in order to fund the entire art selection and the Cultural Commission recommends approval of the purchase of these art pieces for placement throughout the Improve Wadsworth Project. Mayor Starker reviewed the procedures for public comment. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. City Council Minutes November 14, 2022 page 7 Public Comment No one came forward to speak. Council Questions and Comments CM Nosler Beck thanked the people who worked on this process for their hard work. She noted a number of aspects of the work selected, and expressed her profound support for the motion to approve this art. She mentioned that the celery seeds are historically accurate for Wheat Ridge. CM Hultin echoed CM Nosler Beck’s sentiments and how well this art connects the present and future and to WR’s past. She also thanked the Cultural Commission for their hard work and excellent recommendations on this project. CM Hultin asked about, and Mr. Goff explained, the sources of funding for this artwork. Motion by CM Hutchinson to approve the selection of public art for the Improve Wadsworth Project to JCAS Studios, seconded by CM Stites, motion carried 8-0. 6. Resolution No. 40-2022 - A Resolution amending the Fiscal Year 2022 Renewal Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget appropriation in the amount of $4,251,442 and to award a contract and approve subsequent payments to Goodland Construction, in an amount not to exceed $7,313,186.74, for street improvements at the Wheat Ridge Ward Commuter Rail Station area. CM Dozeman introduced Resolution 40-2022. Issue Public infrastructure improvements at the Wheat Ridge Ward Commuter Rail Station area include reconstruction of 52nd Avenue, Tabor Street, Ridge Road, adjacent intersections, and improvements to Valley Water District utilities in 52nd Avenue. Staff is recommending that the lowest responsive bidder, Goodland Construction, Inc., be awarded a contract in the amount of $7,313,186.74. Staff Presentation Lauren Mikulak, Interim Community Development Director, gave a brief background on the item explaining that a supplemental budget appropriation from the Renewal Wheat Ridge Bond Projects Fund reserves is required to increase what was budgeted for 2022. The 2022 budget only included the City’s estimated share of the construction costs and not the full estimated construction costs with portions that will be reimbursed by the City of Arvada, CDOT and Valley Water District. The City of Arvada is responsible for 50% of the costs for 52nd Avenue, including the intersection with Ward Road and 36% of the costs for Ridge Road. CDOT is contributing $300,000 towards the costs of the 52nd Avenue and Ward Road intersection. Valley Water is responsible for all the costs associated with the reconstruction of their water main in 52nd Avenue. City Council Minutes November 14, 2022 page 8 With the above reimbursement from the City of Arvada, CDOT and Valley Water District, the City’s net contribution towards this contract is $3,318,925.40. All of the City’s contribution is being funded by the Renewal Wheat Ridge bond funds. Mayor Starker reviewed the procedures for public comment. Public Comment No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Council Questions There were none. Motion by CM Dozeman to approve Resolution No. 40-2022 - a resolution amending the Fiscal Year 2022 Renewal Wheat Ridge Bond Projects Fund to reflect the approval of a supplemental budget appropriation in the amount of $4,251,442 and to award a contract and approve subsequent payments to Goodland Construction, in an amount not to exceed $7,313,186.74, for street improvements at the Wheat Ridge Ward Commuter Rail Station area, seconded by CM Hoppe, the motion carried 8-0. 7. Resolution No. 41-2022 - A Resolution approving an agreement with the Valley Water District regarding waterline improvements in 52nd Avenue CM Nosler Beck introduced Resolution 41-2022. Issue Public infrastructure improvements at the Wheat Ridge Ward Commuter Rail Station area include reconstruction of 52nd Avenue, Tabor Street, Ridge Road, adjacent intersections, and improvements to Valley Water District utilities in 52nd Avenue. As part of the reconstruction of 52nd Avenue, the Valley Water District needs to reconstruct a portion of their water main. The water main is in conflict with the proposed storm sewer and needs to be relocated. An agreement is needed between the City and Valley Water to outline each entity’s responsibilities and to detail a reimbursement obligation. Staff Presentation Project Manager Mark Westberg was available to answer any questions. Mayor Starker reviewed the procedures for public comment. Public Comment No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format. Council Questions CM Dozeman asked how projects we engage with other outside agencies, not only water districts but also other special districts, are developed; how do we collaborate and communicate. She asked questions about the specifications for the project and Mr. Westberg gave detailed answers. City Council Minutes November 14, 2022 page 9 CM Hultin asked whether we have items scheduled about more projects like this and Mr. Goff replied that Public Works is preparing a Study Session presentation on this topic. Motion by CM Nosler Beck to approve Resolution No. 41-2022 - a resolution amending an agreement with the Valley Water District regarding waterline improvements on 52nd Avenue, seconded by CM Dozeman, the motion carried 8-0. 8. Motion to approve installation of traffic calming device on 31st Place between Union Street and Vivian Street in accordance with the Neighborhood Traffic Management Program (NTMP) CM Weaver introduced the Motion. Issue Residents on 31st Place petitioned the City to address traffic concerns for the street segment from Union Street to Vivian Street. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighbor-hood meeting and subsequently discussed and devised a plan to mitigate traffic issues. The residents then secured a petition with the necessary number of property owner signatures, supporting the installation of a speed hump in accordance with the NTMP policy and are hereby seeking approval for implementation. Staff Presentation Civil Engineer, Steve Nguyen summarized the issue explaining that per the NTMP, speed humps can be ordered for installation by the City if at least 80% of residents in a designated street segment sign the petition, including the residents who reside immediately adjacent to the speed humps. Based on the results of the petition received by the City, a sufficient number of signatures have been attained for the speed hump as referenced above. The NTMP policy requires Council approval of a proposed project. If approved, the project will quickly go to bid with construction anticipated in late 2022 or early 2023, assuming there are no significant weather delays. Residents on 31st Place, in the petition segment between Union Street and Vivian Street, have satisfied the process outlined in the NTMP policy and through the staff evaluation process. As a result, staff recommends moving forward with installation of a speed hump on 31st Place as specifically requested by the residents. Staff responded to questions raised by neighborhood residents about the number and placement of signs warning of the speed bump. Public Comment No one came forward to speak neither in person nor on the zoom format. From Wheat Ridge Speaks: I am a resident on 31st Place. I am in agreement on having a speed hump placed on the street. When vieNguyeng the proposed plan, the signage seems excessive, 4 signs for one speed hump. I feel that 2 signs would be plenty. On Vivian street, right around the corner there are 2 signs and 2speed humps and a curve in the road that does not have nor require a sign. Thank you City Council Minutes November 14, 2022 page 10 B. Abare 12124 W 31st Pl Wheat Ridge 80215 Council Questions CM Hultin asked how staff collects data to gauge residents’ opinions on projects like this. Mr. Nguyen gave a detailed answer. CM Hultin then asked how the average or median speed is gauged in assessing the need for this project and others like it. Mr. Nguyen gave a detailed answer to her question. CM Stites thanked staff for their hard work on a sound solution. Motion by CM Weaver to approve installation of traffic calming device on 31st Place between Union Street and Vivian Street in accordance with the Neighborhood Traffic Management Program (NTMP), seconded by CM Stites, motion carried 8-0. 9. Motion to approve installation of traffic calming device on Lamar St between 39th Avenue and 41st Avenue in accordance with the neighborhood traffic management program (NTMP) CM Hultin introduced the Motion Issue Residents on Lamar Street petitioned the City to address traffic issues for the street segment from 39th Avenue to 41st Avenue. In accordance with the City’s Neighborhood Traffic Management Program (NTMP), the City met with the residents at a neighborhood meeting and subsequently discussed and devised a plan to mitigate traffic issues. The residents then secured a petition with the necessary number of property owner signatures, supporting the installation of a speed hump in accordance with the NTMP policy and are hereby seeking approval for implementation. Staff Presentation Civil Engineer, Steve Nguyen stood by to answer any questions. Mayor Starker reviewed the procedures for public comment and no citizens appeared in chambers or in the virtual format to address this issue. Public Comment No one came forward to speak. Council Questions CM Weaver asked for a definition of a hump and a bump. A hump is narrow and abrupt. A bump is wider, lower, and less of a deterrent to speed. Motion by CM Hultin to approve installation of traffic calming device on Lamar St between 39th Avenue and 41st Avenue in accordance with the neighborhood traffic management program (NTMP), seconded by CM Hoppe, motion carried 8-0 City Council Minutes November 14, 2022 page 11 10. Motion to approve the purchase and installation of the City’s core switches for a total of $165,047.25 CM Hoppe introduced the Motion Issue The City’s core switches, which facilitate internet access to every City facility, are approaching end of life. If a failure occurred, all City facilities would be affected, causing severe service interruption. Staff Presentation IT Manager Jesse Dubin spoke briefly on the item explaining that the City’s current core switches hardware is based on a 2010 model that is approaching end of life. If a catastrophic failure of the existing equipment were to occur, the City would be in a challenging position because some components of the current system reach end of life next year and it is unlikely replacement parts are available. Staff recommends ordering the new equipment now because the hardware will likely take between nine months and a year to arrive due to supply chain issues. In order to secure best pricing, this quote has been secured on a cooperative solicitation through the National Association of State Procurement Officers (NASPO). The City’s membership in NASPO enables us to benefit from volume pricing through this cooperative bid. In this particular case, the State of Utah was the lead agency and the agreement between Utah and Cisco Systems was attached. Mayor Starker reviewed the procedures for public comment and no citizens appeared in chambers or in the virtual format to address this issue. Public Comment No one came forward to speak. Council Questions There were none. CM Weaver stated an antidote about Core Switches. Motion by CM Hoppe to approve the purchase and installation of the City’s core switches for a total of $165,047.25, seconded by CM Stites, motion carried 8-0. 11. Motion to approve appointment to current vacancy on Liquor Licensing Authority Board CM Dozeman introduced the Motion. Issue One of the City's Liquor Licensing Authority Board Members in District IV has moved out of the State of Colorado. This has created a vacancy on this Board. Motion by CM Dozeman to appoint Anthony Romero to the Liquor Licensing Authority, term ending 3/2/24, seconded by CM Nosler Beck, motion carried 8-0. City Council Minutes November 14, 2022 page 12 CITY MANAGER’S MATTERS Mr. Goff noted that a new coffee business, Dutch Brothers, is open and operating. He also reported that the new budget proposed for 2023 is now available for review. On November 21, 2022, staff will review the budget with Council. CITY ATTORNEY’S MATTERS None. ELECTED OFFICIALS’ MATTERS City Clerk Kirkpatrick reported attending the Wheat Ridge Community Theater presentation of Lysistrata. While the production is not quite Off-Off-Broadway, the fledgling effort to bring live theater to Wheat Ridge deserves our support – and attendance. CM Nosler Beck reported that Trunk or Treat was a great success, thanks to Local Works. She also thanked those who worked on the school closings recently passed by Jeffco Schools’ Board. Although we did not get the outcome we wanted, the level of participation and the energy the community generated was appreciable and once again indicative of the Wheat Ridge community. The group will continue to work as Jefferson County Schools proceeds with planning to potentially close middle and high schools. CM Stites thanked Guy Nahmiach for his work on Art on the Farm. He echoed CM Nosler Beck’s comments; he too was awed by the community effort and energy in the recent effort to save our neighborhood schools. He also compared and contrasted our process for public speaking and appearance before Council vs. Jeffco School Board that conducts these conversations in camera and excludes residents’ input until it’s too late to make a different decision possible. He is proud of how we operate. If you can find them in Wheat Ridge, buy holiday gifts in WR. CM Dozeman announced that 5-7 pm tomorrow the Wheat Ridge Business Assoc. will hold its next meeting. She also thanked CM Stites and Nosler Beck for their hard work and organizing efforts to resist the school closures in Wheat Ridge. She commented that the way the process was conducted by Jeffco Schools damaged their trust with our residents and families across the county. CM Ohm urged us to schedule a Study Session item on school closing and their impact on our residents, especially school children and their parents. We need a plan to address these changes. CM Stites seconded adding the issue to a future Study Session. He attended the annual police dinner with the Mayor and came away awed by the officers’ service and sacrifices, as well as the impacts on their families. Remember that you can go to Wheat Ridge poultry online and order your Thanksgiving turkey. CM Weaver thanked the City for expanding our knowledge in several areas of traffic control methods and terminology. CM Hoppe reported that the Porchlight Family Justice Center event was a roaring success. Wheat Ridge High School will hold a forum for 8th grade students who are considering enrolling at WRHS in the fall of 2023. City Council Minutes November 14, 2022 page 13 CM Hultin asked for clarification of the topics to be discussed in a Study Session about the elementary school closings. CM Ohm gave a specific answer focusing on several aspects of the impact these closings will have. CM Hultin asked staff for a possible date to add that topic to a Study Session agenda. CM Nosler Beck asked to add the subjects of safe crossings and child protection from the high traffic volume on Wadsworth, which children will have to cross to go to their new school. CM Hultin remarked about the speaker who opposes the opening of a new gun store in Wheat Ridge. She asked staff how we have communicated with the speaker and how the process works. Mr. Goff commented that at present the City has no legal way to deny the business license application. CM Hultin then said that hopefully in the first quarter of 2023 we will revisit the traffic plans and the needs we will have going forward, especially the changes that will follow the elementary school closures. She requested that there are gummy bears added to the snacks provided on the dais. She has missed the conversations we have not had during the four-week hiatus. Mayor Starker spoke about the 3-week hiatus. He repeated some of the CM comments about events like Trunk or Treats and new business openings. He went to a Veterans’ Day celebration at the Active Adult Center and really appreciated the event. He thanked those who attended coffee with the Mayor last Saturday, especially the young people who participated. The Historical Society had a flag raising to honor our Veterans and he also appreciated that event. We are already looking forward to the holiday lighting ceremony on December 3rd. He echoed CM Ohm’s comments on the recent dinner for our WRPD. He thanked the election officials who ran the general election last week and our renewed faith in participating in our democracy. To our residents who worked on the school closing issue, he thanked them for their engagement and hopes they will continue to engage. We need our residents’ voices at the table as we plan for the future without 3 of our schools and all of the changes children and families will experience. Mayor Starker once again asked us all to drive carefully, especially now that darkness is earlier and bad weather is upon us. ADJOURNMENT The meeting adjourned at 8:55 pm. APPROVED BY CITY COUNCIL ON November 28, 2022 _____________________________ Steve Kirkpatrick, City Clerk ______________________________ Rachel Hultin, 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. ITEM NO: 1 DATE: November 28, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2022 - AN ORDINANCE AMENDING SECTIONS 22-58 AND 22-67 OF THE WHEAT RIDGE CODE OF LAWS TO ESTABLISH AN EXEMPTION FROM THE CITY’S SALES AND USE TAX FOR CARRYOUT BAG FEES ENACTED BY THE STATE OF COLORADO PUBLIC HEARING ORDINANCES FOR 1ST READING (11/14/2022) BIDS/MOTIONS ORDINANCES FOR 2ND READING (11/28/2022) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: The Colorado State Legislature adopted a carryout bag fee effective January 1, 2023 which by January 1, 2024 prohibits all retailers, with a few specific exceptions, from providing single-use plastic bags. Carryout bag fees are currently subject to local sales tax. As a home-rule City, Wheat Ridge is able to establish its own laws including the ability to exempt from taxation certain goods and services. The attached ordinance enacts such an exemption for the City. PRIOR ACTION: City Council approved this ordinance on first reading on November 14, 2022. A motion was made by Councilmember Ohm and seconded by Councilmember Hultin and was approved by a vote of 8-0. FINANCIAL IMPACT: HB21-1162 requires that stores remit 60% of the carryout bag fee to the local jurisdiction to offset administrative and enforcement costs associated with implementing this program or other waste diversion programs or outreach. CAF - Carryout Bag Fee Tax Exemption November 28, 2022 Page 2 BACKGROUND: Beginning January 1, 2023, stores may furnish a paper or plastic bag to customers for a fee of $0.10 minimum (or a higher fee if so prescribed by the local jurisdiction). Beginning January 1, 2024, stores may no longer provide single use plastic bags and may only provide carryout bags made from recycled paper. Stores are required to remit 60% of the carryout bag fee to the local jurisdiction on a quarterly basis. Per City of Wheat Ridge Code Section 22-21, bag fees are taxable. However, members of the City Finance team serve on a Colorado Municipal League (CML) committee that discusses and collaborates on issues pertaining to taxation and licensing. That CML sponsored group recommends exempting the carryout bag fee from taxation. The City Finance team also recommends exempting the carryout bag from taxation for the following reasons: 1) as provisions are in place for the City to receive 60% of the fee to cover costs, taxation is unnecessary; and 2) exempting the bag fee from taxation will assist local businesses in complying with this new law as it reduces their administrative burden. It is likely that the carryout bag fee will be exempted from taxation by several of the City’s neighboring municipalities. CML currently supports the decision by home-rule cities to exempt the carryout bag from taxation and has drafted model code language for use. The attached ordinance enacts such an exemption for the City. RECOMMENDATIONS: Staff and the City Attorney recommend approval of the attached ordinance to enact an exemption from taxation of the carryout bag fee. RECOMMENDED MOTION: “I move to approve Council Bill No. 20-2022, an ordinance amending sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s sales and use tax for bag fees enacted by the State of Colorado, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 20-2022, an ordinance amending sections 22-58 and 22-67 of the Wheat Ridge Code of Laws to establish an exemption from the City’s sales and use tax for carryout bag fees enacted by the State of Colorado for the following reason(s) __________________________________________________________________________.” REPORT PREPARED BY; Mark Colvin, City of Wheat Ridge Finance Manager Allison Scheck, Administrative Services Director Patrick Goff, City Manager Gerald Dahl, City Attorney CAF - Carryout Bag Fee Tax Exemption November 28, 2022 Page 3 ATTACHMENTS: 1. Council Bill No. 20-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM COUNCIL BILL NO. 20 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING SECTIONS 22-58 AND 22-67 OF THE WHEAT RIDGE CODE OF LAWS TO ESTABLISH AN EXEMPTION FROM THE CITY’S SALES AND USE TAX FOR CARRYOUT BAG FEES ENACTED BY THE STATE OF COLORADO WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, pursuant to Article XX, Section 6 of the Colorado Constitution, the right to enact, administer and enforce sales and use taxes is clearly within the constitutional grant of power to the City and is necessary to raise revenue with which to conduct the affairs and render the services performed by the City; and WHEREAS, pursuant to such authority, the Council has adopted and enacted a Sales and Use Tax Code (the “Code”), under which City sales and use tax is levied; and WHEREAS, the Council does not wish to impose local sales tax on carryout bag fees enacted by the State of Colorado that would otherwise be taxable under the Code; and WHEREAS, the Council adopts this ordinance with the intent to exempt such fees from local sales and use tax. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 22-58(a) of the Code is amended by the addition of new subsection (29) to read: (29) The carryout bag fee imposed in CRS 25-17-505, as such section existed on July 6, 2021. Section 2. Section 22-67 of the Code is amended by the addition of new subsection (8) to read: (8) The carryout bag fee imposed in CRS 25-17-505, as such section existed on July 6, 2021. 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 ATTACHMENT 1 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 (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14th day of November 2022, 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 November 28, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. ______________________________ Bud Starker, Mayor ATTEST: ____________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: November 17, 2022 Second Publication: Effective Date: _______________________ Published: Jeffco Transcript ITEM NO: 2 DATE: November 28, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 42-2022 - A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2023 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Administrative Services Director City Manager ISSUE: Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2022) established by state statute for the certification of the next year’s tax levy to the county. The proposed 2023 budget includes the following: • A General Fund budget in the amount of $47,328,776 • An unrestricted fund balance of $10,477,801 or 22% of expenditures plus 3% emergency reserves • A General Fund transfer of $3,000,000 to the Capital Improvement Program (CIP) • A General Fund transfer of $1,659,000 (from ARPA funds) to the Open Space Fund • A General Fund transfer of $500,000 to the Equipment Replacement Fund • Proposed CIP Fund in the amount of $26,682,246 • Proposed Renewal Wheat Ridge Bonds Project Fund in the amount of $6,582,725 • Proposed 2E Fund in the total amount of $3,606,300 • Special Revenue Funds in the amount of $8,250,530 • Proposed budget (all funds) in the amount of $92,450,577 Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 2 PRIOR ACTION: • July 15, 2022 – the Community Partners Grant Program Committee presented their recommendations to City Council • August 15, 2022 – Carnation Festival Committee, Localworks and Wheat Ridge Business District presented their 2023 budget requests to City Council • August 22, 2022 – first public meeting to provide opportunity for residents to comment on the budget and the City Budget Process page launched on WhatsUpWheatRidge.com • September 26, 2022 – second public meeting to provide opportunity for residents to comment on the budget • November 10, 2022 – proposed 2023 budget books were distributed to City Council and made available in the City Clerk’s Office for public review and made available online for the public to review • November 21, 2022 – proposed 2023 budget presented to City Council. FINANCIAL IMPACT: A total budget of $92,450,577 (all funds) is proposed. BACKGROUND: At the September 20, 2021 Study Session, City Council provided staff with consensus to bring the proposed budget forward to public hearing and adoption with no changes. Council did provide consensus to earmark $25,000 of the proposed $100,000 Neighborhood Traffic Management Plan funds, plus carry over $25,000 from 2022, for traffic management projects in school areas. The 2023 proposed budget message, found on page 13-24 of the budget book, is included below: The Wheat Ridge community and economy have proven to be very resilient, despite several unique challenges since 2020. Revenues have performed significantly better than estimated and commercial and residential development activity continue to thrive. Federal financial assistance of over $10 million in CARES and ARPA funding has provided additional resources to address impacts on the community from the COVID-19 pandemic. Grant funding of over $50 million between 2020 and 2023 and Urban Renewal Authority bond funds in the amount of $37.5 million are enabling the City to invest in catalytic public improvement projects across the entire community. Wheat Ridge is in a good place. The 2023 Proposed Budget cautiously projects an optimistic future for the City in the near term. Revenues are projected to continue to increase but at a slower pace than in the recent past. Commercial and residential development will remain strong in Wheat Ridge but is likely to slow which will decrease one-time revenues generated from construction activity. Inflation continues to remain high, increasing the City’s costs for goods and labor. Some uncertainty does exist concerning the future of the economy; however, Wheat Ridge has built a strong foundation and will continue to remain resilient against future challenges. The 2023 Proposed Budget includes many initiatives and projects to continue to build on the successes of the past and to plan for the future of the community. Several planning efforts will Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 3 continue or start in 2023 including a new comprehensive plan, economic development strategy, affordable housing study, 44th Avenue subarea plan, West and East 38th Avenue redevelopment plans, open space management plan, and a Sustainable Wheat Ridge Action plan update. Millions of dollars' worth of public infrastructure will be designed and constructed across the City. The 2023 Proposed Budget also includes several expenditures to increase the efficiency of governmental services and programs and meet community expectations. The General Fund will transfer $500,000 to the Equipment Replacement Fund to fund a new Enterprise Resource Planning system (ERP), designed to streamline processes such as permitting and licensing while improving staff efficiency and accuracy. The Police Department will implement a new electronic citation system which improves officer safety with less time spent out of patrol vehicles and productivity is increased when officers can issue citations more quickly and with greater accuracy. Following the recent cyber-attack, the City will add new resources to protect against future threats including end point detection and level one support to allow more time for remediation and monitoring. The City will add another snowplow to its fleet so that snow and ice control remain a top priority in the winter months. Finally, an assessment of all City owned facilities will continue into 2023 to evaluate the organization’s capacity to efficiently and effectively deliver services and programs to the community today and well into the future. WHEAT RIDGE 2035 VISION TOPICS AND SMART GOALS The Mayor, City Council, and staff work together periodically to develop and update a strategic plan that includes a vision, goals, and priorities. City Council met in the spring of 2017 and developed an updated Vision 2035 to include Vision Topics and Smart Goals. In addition, City Council met in early 2021 and agreed upon the following eight strategic priorities for staff to focus their efforts in 2021 and 2022. Staff used the vision topics and strategic priorities to guide the development of and prioritize projects for the 2023 Budget. Vision Topics: 1. Wheat Ridge is an attractive and inviting City 2. Wheat Ridge is a community for families 3. Wheat Ridge has great neighborhoods 4. Wheat Ridge has a choice of economically viable commercial areas 5. Wheat Ridge has diverse transportation 6. Wheat Ridge is committed to environmental stewardship 7. Wheat Ridge residents enjoy an active, healthy lifestyle 8. Wheat Ridge residents are proud of their hometown Strategic Priorities: 1. New efforts of engagement in government 2. Implement bulk plane in all residential zone districts 3. Re-examine/advance sidewalks on 38th Avenue 4. Review the vision, mission, and funding of Localworks 5. Streamline permit processes 6. Commercial corridor code review 7. Policy on non-conforming accessory dwelling units (ADUs) Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 4 8. Develop solutions and work with partners to address homelessness OVERALL SUMMARY The total 2023 Proposed Budget, including the General Fund, two capital funds, seven special revenue funds, and the 2E Investing 4 the Future Bond Fund, is $92,450,577. The Budget is based on projected revenues of $78,131,183. The beginning fund balance for 2023 is projected at $48,413,383, which brings the total available funds to $126,544,566. This will provide for a projected ending fund balance of $34,093,989. General Fund $47,328,776 Capital Improvement Program (CIP) Fund $26,682,246 RWR Bond Projects Fund $6,582,725 Special Revenue Funds $8,250,530 2E Investing 4 the Future Bond Fund $3,606,300 Total $92,450,577 General Fund General Fund revenue is projected at $46,292,585, which is a 12% decrease compared to 2022 year-end estimated revenues and a 3.7% decrease compared to the original 2022 budget. The primary reason for the decrease in 2023 revenue is because the City received $3.9 million in ARPA funding in 2022 it will not receive in 2023. In addition, the beginning fund balance for 2023 is projected at $23,446,059, which brings the total available funds for the General Fund to $69,738,644. General Fund expenditures total $47,328,776, excluding transfers. General Fund expenditures represent a 2.2% increase compared to the adjusted 2022 Budget. The ending fund balance for the General Fund is projected at $17,250,868, of which $10,477,801 (22% of operating expenditures) is considered unrestricted. The City's financial policies require that the City maintain a minimum unrestricted fund balance of at least two months or approximately 17% of its General Fund operating expenditures, as recommended by the Government Finance Officers Association and that the City will annually target to maintain a 25% unrestricted fund balance percentage level as part of its annual budget process. In addition, TABOR requires that the City maintain a 3% emergency reserve which brings the total projected City reserves in 2023 to 25% of operating expenditures. Capital Improvement Program (CIP) Fund CIP Fund revenue is projected at $18,180,175 ($3 million transferred from the General Fund), which is a 38% decrease compared to 2022 estimated revenue, mostly due to the amount of grant revenue received for the Improve Wadsworth project in 2022 and a decrease in transfers from the General Fund. In addition, the beginning fund balance for 2023 is projected at $12,557,081, which brings the total available funds for the CIP Fund to $30,737,256. CIP expenditures total $26,682,246, which is a 10% decrease compared to the adjusted 2022 Budget. This will provide for a projected ending fund balance of $4,055,010. The 2023 Proposed CIP Budget includes the following projects: • $20.9 million to finalize the first phase of the Improve Wadsworth project and to start the second phase. Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 5 • $3 million for annual street preventative maintenance • $1.5 million for 35th bike lane improvements and Wadsworth sidewalk design • $392,246 for City Hall improvements • $200,000 for aerial photography and GIS updates • $150,000 for City-wide roadway striping maintenance • $100,000 for miscellaneous public development related improvements • $100,000 for drainage and watershed master plan • $100,000 for the City's Neighborhood Traffic Management Program (NTMP) • $100,000 for a traffic signal master plan • $75,000 for City-wide ADA infrastructure improvements • $25,000 for master gateway signage plan • $10,000 for street lighting Renewal Wheat Ridge Bond Projects Fund Renewal Wheat Ridge (RWR) issued bonds in November 2021 in the net amount of $37.5 million for public improvements within the I-70/Kipling Corridors Urban Renewal Plan Area. This Budget includes a fund for the City's project expenditures associated with the bonds. Funds will be transferred into the Fund from RWR as contracts are awarded. Please see the Renewal Wheat Ridge Bonds Project section of the Budget for detailed information. The 2023 Proposed Budget includes $6,582,725 in revenues from the bonds and $6,582,725 in expenditures for the following projects: • $700,000 for maintenance and improvements to the Youngfield Street bridge over Clear Creek. • $4,432,725 for maintenance improvements to the Wheat Ridge Recreation Center including a new roof, new parking lot, heat recovery units, repairs to bridge over Lena Gulch and an electronic message board. • $1.45 million for right-of-way acquisition for the pedestrian bridge over the commuter rail tracks and multi-use trail from the bridge to the I-70 Frontage Road. The future RWR Bond Projects Fund includes final design, engineering, and construction of enhancements to the I-70/Kipling Street interchange; construction of the pedestrian bridge and multi-use trail at the G-Line commuter rail station; bike and pedestrian improvements at 32nd Avenue and I- 70; and aesthetic improvement to the Youngfield Street corridor. Special Revenue Fund – Open Space Open Space revenue is projected at $5,163,519, which is a 102% increase compared to the 2022 estimated revenue. The large increase is primarily due to a transfer of ARPA funding from the General Fund for the Tabor Lake, Panorama Park and Fruitdale Park projects. The beginning fund balance for 2023 is projected at $3,481,585, which brings the total available funds for the Open Space Fund to $8,645,104. Open Space projects for 2023 include: • The Green project on 38th Avenue • Reconstruction of Panorama Park tennis courts and other park improvements Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 6 • Tabor Lake Trail improvements • Bass Lake boardwalk engineering and conceptual design • Miscellaneous improvements at Stites, Louise Turner and Randall Parks Funding is also appropriated for seven parks maintenance and two forestry employees. Open Space expenditures total $6,366,501, which is a 17% decrease compared to the adjusted 2022 Budget. This will provide a projected ending fund balance of $2,278,603, of which $1,043,161 is restricted to park and trail improvements at the Wheat Ridge Ward station area. The future five-year Open Space Budget proposes the continuation of miscellaneous open space improvements, Randall Park house demolition and community garden, Randall Park pickleball courts, Anderson Park playground replacement, Phase III of Prospect Park improvements, and funding for Parks employees. Special Revenue Fund – Conservation Trust Conservation Trust revenue is projected at $414,960, which is a 6.4% increase compared to the 2022 estimated revenue. In addition, the beginning fund balance for 2023 is projected at $399,470, which brings the total available funds for the Conservation Trust Fund to $814,430. Conservation Trust projects for 2023 include: • Recreation facilities maintenance projects • Resurface of tennis and basketball courts • Waterline installation at the Parks, Forestry and Open Space building Conservation Trust expenditures total $665,150, which is a 26% decrease compared to the adjusted 2022 Budget. This will provide for a projected ending fund balance of $149,280. The future five-year Conservation Trust Budget proposes to provide funds for recreation facilities maintenance needs, parks maintenance projects, resurfacing of tennis/basketball courts, and other facility improvements. Special Revenue Funds – Other Several other Special Revenue Funds are also included in this Budget to track revenues and expenditures that are designated by law to be used for specific purposes or are used to simplify the budgeting process. Those funds include Public Art, Police Investigation, Municipal Court, Equipment Replacement, and Crime Prevention/Code Enforcement. 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. 2E Investing 4 the Future Fund The 2E Investing 4 the Future Fund was created in 2017 as a special fund to account for the 2E bond and debt activity. 2023 revenues from the temporary 0.5% sales and use tax and interest are projected at $5,414,409. In addition, the beginning fund balance for 2023 is projected at $6,981,316 which brings the total available funds for the 2E Fund to $12,395,725. Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 7 2E Fund expenditures total $3,606,300, of which, $3,506,300 is designated for debt service on the 2E bonds. This will provide for a projected ending fund balance of $8,789,425. The only project expense budgeted for 2023 is $100,000 for public art for the Improve Wadsworth project. A detailed explanation of the status of each project is included in the 2E section of this Budget. SHORT-TERM FISCAL CHALLENGES/OPPORTUNITIES Sales Tax and General Fund Revenue The 2022 Estimated and 2023 Proposed Budgets project healthy increases in revenue growth but slightly less than 2021. Sales tax, the City's largest revenue source, is projected to increase by 5.5% in 2022 compared to 2021 year-end sales tax revenues and increase by 4.1% compared to the 2022 Adopted Budget. The 2023 sales tax revenue is projected to increase by 4.5% compared to the 2022 year-end estimate. Overall, total General Fund revenue for 2022 is projected to increase by 10% compared to 2021 year-end estimated revenue and increase by 9% compared to the original 2022 budget. The increase in 2022 revenues is largely due to a one-time contribution of $523,522 from the Metropolitan Football Stadium District and increases in revenue from sales tax, building use tax, building permits, Xcel franchise tax, lodgers' tax, Recreation Center fees and investment interest. Inflation Although there have been nominal decreases in the prices of fuel and transportation and slower rates of growth in other prices, like food and beverages, Colorado’s 12-month inflation rate remains at 7.7%. Increases in costs for energy, commodities, durables, utilities, services and transportation all have had a significant impact on the City’s budget. The 2023 Proposed Budget reflects those increases. American Rescue Plan Act President Biden signed into law the American Rescue Plan Act (ARPA) on March 11, 2021. ARPA provides $1.9 trillion in additional relief to respond to the impacts of COVID-19. The City of Wheat Ridge received a total of $7,873,279, half of which was received in 2021, and the other half was received in 2022. All funds must be encumbered by December 31, 2024 and spent by December 31, 2026. The United States Department of Treasury has determined eligible uses of the ARPA funding, which include the following broad categories: • Support public health expenditures • Address negative economic impacts caused by the public health emergency • Replace lost public sector revenue • Provide premium pay for essential workers • Invest in water, sewer, and broadband infrastructure On April 4, 2022, City Council provided direction regarding the City’s use of the revenues from ARPA. By the end of 2022, the City will have spent approximately $1.5 million on the following categories in the table below and the 2023 Proposed Budget includes $2.4 million in ARPA spending requests. Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 8 ARPA Category Description Total 2021-2022 2023 COVID Mitigation and Prevention Testing, vaccine program, sanitation, technology, etc. $613,480 $303,923 $118,644 Assistance to Households Homelessness and housing initiatives $2,332,275 $762,159 $240,458 Food Insecurity & Assistance to Low-Income Populations Through Community Table, impacts to low-income households disproportionately affected by the pandemic $146,000 $36,500 $36,500 Behavioral Healthcare Clinician in Wheat Ridge High School and Community Prevention and Engagement Program $481,000 $100,000 $127,000 Preventing and Responding to Violence Telephone Reporting Unit staffing and victims’ services $753,872 $120,000 $155,000 Parks Projects Parks and Recreation unfunded capital projects $1,921,652 $187,402 $1,734,000 Water Infrastructure Lena Gulch Simms Overbank floodplain project $1,625,000 $0 $0 Total $7,873,279 $1,509,984 $2,411,602 Community Partners Grant Program In 2016, City Council appointed a resident review committee to make recommendations for grant contributions to community partners. The following are the Committee's recommendations for 2023: The Action Center $7,500 Active Transportation Advisory Committee $1,500 Applewood Community Foundation $270 Court Appointed Special Advocates $8,000 Community Table $13,000 Family Tree $10,000 Foothills Regional Housing $5,000 Friends of Paha $5,580 Friends of Stevens $1,000 Hope Connection and Community $2,600 Jefferson Center for Mental Health $13,500 Jefferson County Library Foundation $1,650 Jewish Family Services $5,000 Lutheran Medical Center Foundation $6,000 Mission Arvada of the Rising Church $3,500 Outdoor Lab Foundation $20,000 Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 9 Regional Air Quality Council $4,000 Seniors’ Resource Center $20,000 Sunshine Home Share $3,000 Wheat Ridge Community Foundation $6,400 Wheat Ridge High School Farmer's 5000 $6,000 Wheat Ridge High School STEM $15,000 Wheat Ridge Optimist Club $1,500 TOTAL $160,000 DEBT At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E, which temporarily increased the sales and use tax levied by the City by one-half of one percent (3% to 3.5%) for up to 12 years or when $38.5 million is raised, whichever occurs first. It also authorized the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities. Sales and use tax revenue bonds were issued on May 2, 2017, to finance four specific City investments, including Anderson Park, Wadsworth Boulevard, Wheat Ridge Ward Station development, and the Clear Creek Crossing development. The par amount of the bond issue was $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. Of this amount, $33 million was deposited into Fund 31 for the four specific City investments, $152,975 was allocated for the underwriter's discount, and $129,104 for costs associated with the bond issue. The maximum repayment cost of the bonds will not exceed $38,500,000, and the maximum annual repayment cost will not exceed $3,700,000. In the 2023 Proposed Budget, $3,506,300 is budgeted for the 2023 debt service. The balance of the debt as of December 31, 2023, will be $13,316,800. Based on current revenue estimates, the temporary sales and use tax rate will expire in 2024, after 8 years. Additionally, the City has the following long-term financial obligations: Renewal Wheat Ridge The City's Urban Renewal Authority (Renewal Wheat Ridge) is a component unit of the City. Renewal Wheat Ridge acquired a loan in the amount of $2.455 million, accruing interest at 3.16% per annum, for the Kipling Ridge commercial center development at 38th and Kipling. The term of this loan expires in 2023 and will be paid from sales and property tax incremental revenue from the Kipling Ridge project. Once this loan is retired, the City's General fund will see a net decrease of approximately $600,000 in expenditures, starting in Fiscal Year 2024. Community Solar Garden On March 23, 2015, the City entered into an agreement to purchase electric generating capacity in a solar garden. The agreement was funded on April 13, 2015, with a lease agreement for $800,000. As of December 31, 2021, the solar power capacity was recorded as capital assets in the amount of $394,497. Annual payments of $80,167, including principal and interest accruing at 5.75%, are due through May 1, 2030. As of December 31, 2023, the City will have a capital lease outstanding amount of $514,385. For its participation, it is estimated the City will receive $60,000 in energy credits from Xcel in 2023 to be used to pay this lease and against energy consumption at various facilities. Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 10 Fruitdale School Lofts In 2016, the City Council approved a loan in the amount of $2.585 million from General Fund reserves to the Fruitdale School Partners. The loan was for the redevelopment of the Fruitdale School property into a mix of 16 market-rate and income-restricted rental housing units. Fruitdale School Partners repaid $1.5 million of the loan in 2018. The remaining $1,085,000 will be paid over a 40-year period and, until that time, will remain as a restricted balance in the General Fund reserves. COMPENSATION, BENEFITS, AND STAFFING Compensation Personnel-related expenses account for the largest portion of the City's Budget. Attracting and retaining the best talent for the City is a high priority. In 2013, the City launched a pay-for-performance compensation model that ties compensation to performance through demonstrated alignment with values (ACTION – Accountability – Change – Teamwork – Integrity – Opportunity – Now!), technical performance and exceptional customer service. The City continues to implement this pay-for-performance model, however the volatility of the current employment market warranted a different approach in 2022. In August 2022, the City implemented a mid-year cost of living adjustment (COLA) due to significant inflation in the Denver/Boulder area in order to attract and retain qualified talent. The COLA ranged from 1-7% depending on salary grade with lower grades, typically front-line workers, receiving the higher percentage. Directors, Chief of Police and City Manager did not receive a COLA in 2022. The COLA did not require a budgetary increase in 2022, and instead drew from existing authorized funds. The COLA is fully funded in the 2023 proposed budget at approximately $567,600. The market-based compensation plan, typically updated biennially, consists of three sub-plans 1) a pay-for-performance open range plan, which includes civilian and police sergeants and higher ranks; 2) a sworn seven-step plan, which includes police officer positions; and 3) a part-time employee plan which includes variable non-benefited positions such as lifeguards and seasonal parks workers. Despite having studied and updated the pay plan in 2021, the volatility of the current employment market, where it is hard to recruit and retain employees due to the labor shortage, required that the plan be reevaluated in 2022. The consultant-led review of the pay plan involves comparing positions against job matches in the Denver/Boulder metro area and aligning compensation appropriately. The work is ongoing and will be complete by the end of the year with range increases expected in all pay grades. Employees will be eligible for a performance increase on January 1, 2023, based on how well they meet the core values and competencies of the performance management program. Police steps will increase according to market comparisons. Additionally, a number of other sworn and civilian employees will receive market and equity pay adjustments to either bring them to the new minimum of a given pay grade or move them further into the grade based on their tenure and performance. Most market and equity adjustments will occur with lower-wage and front-line employees, police officers, and sergeants. The 2023 Proposed Budget includes approximately $1.1 million in pay for performance, annual police department step increases and market and equity increases. This represents an increase of approximately 10% over 2022 pay increases. investment in personnel is essential to the provision of services and delivery of the City Council's priorities and keeping up with the regional market continues to be one of our biggest challenges. Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 11 Benefits In 2023, the City is providing a more robust and flexible package to employees by joining the Colorado Employer Benefit Trust (CEBT). CEBT is a multiple employer trust for public institutions comprised of over 400 employers with approximately 33,000 employees. CEBT is administered by broker Willis Towers Watson. As a mid-sized employer, the City has been limited to one medical insurer for the past several years; Kaiser Permanente. While Kaiser Permanente is a great solution for a number of employees, many employees find it too limiting for their unique household circumstances. By joining CEBT, the City will offer medical plans with both United Healthcare and Kaiser Permanente along with dental, vision, life and disability benefits. In 2023, City employees will have the option to choose from four different medical plans; Kaiser’s DHMO and High Deductible Health Plan (HDHP), and United Healthcare’s PPO4 and HDHP2. Both HDHP options are paired with a Health Savings Account (HSA) seeded with funds from the City to help employees save for their health needs. Employees will continue to enjoy dental coverage with Delta Dental and will switch to VSP for vision coverage. Additionally, life and accidental death and dismemberment coverage will change to The Standard, with comparable coverage. City premiums for medical coverage are budgeted at a 1% increase over 2022. Had the City remained with its existing provider, premiums would have increased by approximately 5%. The City currently contributes to a 401(a) retirement plan for nonsworn employees. Employees contribute 4% to the Plan, and the City matches 6% (7% for Department Directors). For sworn employees, the City contributes 11.5%, and employees contribute 10% to the Plan (sworn employees do not contribute to Social Security). Employees also have the option to contribute to a deferred compensation 457 account. Staffing The 2023 Proposed Budget includes an increase of 6.5 FTEs for new staffing and 5.0 FTEs for full-time benefited lifeguards to replace variable part-time positions which have been proven difficult to staff. This will increase total staffing to 270.25 FTEs. The City has typically operated with a very lean staff; however, as community expectations change, we must ensure the City has adequate staffing to meet those demands. 1.0 FTE Risk Management Coordinator – Administrative Services Department This position will serve as the primary point of contact for risk management related issues. In 2021 the City experienced 43 workers’ compensation claims and received 188 property/casualty incident reports. Currently, the Executive Assistant to the City Manager performs these duties which does not allow for sufficient focus on these important tasks to help mitigate claims, manage the workers’ compensation back-to-work process and to reduce annual insurance premiums. The position will: − Administer the Property, Casualty and Liability program (PC) − Administer the Workers’ Compensation program (WC) − Coordinate with human resources on WC claims and return-to-work program − Manage all claims, coordinate with all City departments on the PC program − Coordinate the City’s safety program − Analyze incident trends to determine employee training needs and monitor incidents for possible accountability issues − Work with insurance carriers to complete renewals, audits and claims management Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 12 − Find ways to reduce costs by proactive training and completing optional programs to reduce premiums The annual budget impact for salary and benefits for this position is $101,977. 1.0 FTE Management Analyst – City Manager’s Office With the City focusing more on community engagement, neighborhood services and other quality of life services and programs, and with a very active and engaged City Council, additional staffing capacity is required to meet these demands. The Assistant to the City Manager will not have the bandwidth to continue to provide the same level of programming for all the current City Council directed special projects and be a resource for new initiatives. The Management Analyst position will support or lead City Council and City Manager initiatives, which include, but are not limited to the Community Partners Grant Program, Race and Equity Task Force, legislative review and tracking and other neighborhood support projects. This additional support will allow the City Manager and Assistant to the City Manager to focus on other City Council priorities. For equity and job classification alignment, the Assistant to the City Manager’s title will be changed to Assistant City Manager and the Administrative Services Director title will be changed to Deputy City Manager. The budget impact for salary and benefits for the Management Analyst position is $90,549. 1.0 FTE Maintenance Worker II – Public Works Department This position will assist in the ever-growing demand for Public Works services including city-wide graffiti removal, storm sewer cleaning, maintenance and repair of City-owned bus benches and shelters, placement of speed trailers, installation of street banners and assistance at public events and festivals and asphalt patching, snow and ice control, street sweeping, and maintenance of bicycle lane pavement markings for the increasing miles of City streets. Most importantly, this position will provide an additional staff member for snow and ice events which will provide for a safer three, 8-hour shift crew rotation. The annual budget impact for salary and benefits for this position is $67,233. 1.0 FTE Traffic Technician I – Public Works Department This position will assist in the growing demand for Public Works services related to traffic and transportation infrastructure including sign maintenance and traffic signal repair and maintenance. In the last 2 years, the city has added four new traffic signals to its inventory increasing the number of city-owned signals to 48 total. The annual budget impact for salary and benefits for this position is $74,162. 1.0 FTE Volunteer and Event Coordinator – Parks and Recreation Department In 2022, Localworks hired a new Executive Director. Shortly thereafter, Localworks and the City worked together to strategically redefine its partnership to determine how to best deliver traditional Localworks’ programming and services to the community. Localworks led the community’s signature events, Criterium bicycle race, Ridgefest, Trunk or Treat and the Holiday Lighting Festival, for many years. As part of the realignment of duties, the City will take on the full responsibility of signature community events (Localworks will continue to manage Ridgefest as part of their Wheat Ridge Creates programming). A full-time position will be required to manage these events and to provide additional capacity to manage other City-wide events such as the Easter Egg Hunt, Performances in the Park, Ties and Tiaras, movies in the park, etc. In addition, this position will be Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 13 responsible for developing and administering a robust volunteer program for the City, as well as providing oversight to the special events permitting process. The annual budget impact for salary and benefits for this position is $90,549. However, the annual contribution to Localworks is decreasing by $136,500 in 2023 which will offset this new position expense. 1.0 FTE Garden Coordinator – Parks and Recreation Department Greater capacity is needed to accomplish all project and programming needs related to community gardens and regenerative agriculture programming in Wheat Ridge. The City received a Community First Foundation grant in the amount of $50,000 for the expansion of Happiness Gardens. Additionally, a new community garden will be added at Randall Park in 2023. Community garden interest continues to grow in the City, and there have been many discussions related to future gardens at the Baugh House. The grant-funded Regenerate Wheat Ridge programming has been incredibly popular and will continue to grow based on resident demand. The current Garden Coordinator is a part-time variable position. A full-time position is needed to provide oversight to these projects, associated programming and garden maintenance. The annual budget impact for salary and benefits for this position is $62,677. However, the annual budget will be reduced by $27,518 for variable staffing. 0.5 FTE Facility Assistant – Parks and Recreation Department Currently the front-line staff at the Recreation Center has one full-time Facility Coordinator, one full- time Facility Assistant, and one 20-hour, part-time Facility Assistant. This request would move the one part-time Facility Assistant to full-time. A second full-time Facility Assistant would offer better stability in the front-line management and overall customer service at the Recreation Center. This position will provide extra coverage for opening and closing the facility and give the full-time Facility Coordinator more flexibility to concentrate on Coordinator duties for a portion of their shift. The annual budget impact for salary and benefits for this position is $24,684. However, the annual budget will be reduced by $10,900 for variable staffing. 5.0 FTE Head Lifeguard – Parks and Recreation Department The Wheat Ridge community has been dramatically impacted over the last two years due to lifeguard staffing shortages. Due to these shortages, the Recreation Center and Anderson Park pools have had to cancel swimming lessons and other programs to maintain a safe environment. The loss of revenue from the cancellations is estimated at $45,000 and there was also a significant drop in other services provided by the Recreation Department which decreased revenue by approximately 45 percent from 2019 to 2021. The positions requested would help mitigate closures and ensure that patrons of the Recreation Center and Anderson Park pools have access to full programming and services. The annual budget impact for salary and benefits for these positions is $313,385. However, the annual budget will be reduced by $191,100 for variable staffing. CONCLUSIONS AND ACKNOWLEDGEMENTS The last two and one-half years have been quite eventful for the City of Wheat Ridge. Starting with the COVID-19 pandemic in March 2020, City Council and staff pivoted through social injustice concerns, the “Great Resignation”, a police officer involved shooting, a seriously wounded police officer, employee deaths and illnesses, unprecedented homelessness issues, record growth in Council Action Form – Adopting the 2023 City Budget November 28, 2022 Page 14 commercial and residential development, and a ransomware attack. Despite all these unique challenges, the organization has continued to advance City Council initiatives and priorities We've built a resilient local economy, developed prudent financial policies, and set aside adequate reserves, which has enabled the City to continue to thrive in uncertain economic times. Many exciting opportunities – the Clear Creek Crossing development, Lutheran Legacy Campus redevelopment, build-out of the Wheat Ridge-Ward TOD subarea, continued resurgence of 38th Avenue as a vibrant main street, and many other infill projects – are still before us. RECOMMENDATIONS: Adopt the 2023 Budget as proposed RECOMMENDED MOTION: “I move to approve Resolution No. 42-2022, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2023 Budget Year.” Or, “I move to postpone indefinitely Resolution No. 42-2022, a resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies for the City of Wheat Ridge, Colorado for the 2023 Budget Year for the following reason(s) ______________.” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENT: 1. Resolution No. 42-2022 2. Budget Summary, Revenues, Expenditures CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 Series of 2022 TITLE: A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2023 BUDGET YEAR WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2023 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 $92,450,577 which includes the following funds: 1. Fund 01 - General Fund $52,487,776 2. Fund 12 - Public Art Fund $518,000 3. Fund 17 - Police Investigation Fund $9,000 4. Fund 30 - Capital Improvement Fund $26,682,246 5. Fund 31 - 2E Investing 4 the Future Fund $3,606,300 6. Fund 32 - Open Space Fund $6,366,501 7. Fund 33 - Municipal Court Fund $35,500 8. Fund 40 – RWR Bond Projects Fund $6,582,725 9. Fund 54 - Conservation Trust Fund $665,150 10. Fund 57 - Equipment Replacement Fund $0 11. Fund 63 - Crime Prevention Fund $656,379 Less Transfers: ($ 5,159,000) Total Expenditures: $92,450,577 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, 2023 and ending December 31, 2023. DONE AND RESOLVED this 28th day of November 2022. ________________________________ Bud Starker, Mayor ATTEST: ____________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 Beginning Balance (1/1/23) +Revenues =Funds Available -Expenses =Fund Balance (12/31/23) Operating Funds General $23,446,059 +$46,292,585 =$69,738,644 -$52,487,776 =$17,250,868 Total Operating Funds $23,446,059 +$46,292,585 =$69,738,644 -$52,487,776 =$17,250,868 Unrestricted Fund Balance $10,477,801 Emergency Reserves $1,419,863 25.0% Capital Funds Capital Improvement Program $12,557,081 +$18,180,175 =$30,737,256 -$26,682,246 =$4,055,010 RWR Bond Projects Fund $0 +$6,582,725 =$6,582,725 -$6,582,725 =$0 Total Capital Funds $12,557,081 +$24,762,900 =$37,319,981 -$33,264,971 =$4,055,010 Special Revenue Funds Public Art Fund $685,156 +$180,300 =$865,456 -$518,000 =$347,456 Police Investigation $35,493 +$10 =$35,503 -$9,000 =$26,503 Open Space $3,481,585 +$5,163,519 =$8,645,104 -$6,366,501 =$2,278,603 Municipal Court $83,523 +$6,150 =$89,673 -$35,500 =$54,173 Conservation Trust $399,470 +$414,960 =$814,430 -$665,150 =$149,280 Equipment Replacement $243,813 +$500,200 =$744,013 -$0 =$744,013 Crime Prevention/Code Enforcement Fund $499,887 +$555,150 =$1,055,037 -$656,379 =$398,658 Total Special Revenue Funds $5,428,927 +$6,820,289 =$12,249,216 -$8,250,530 =$3,998,686 2E Investing 4 the Future 2E Bond Expenditures $6,981,316 +$5,414,409 =$12,395,725 -$100,000 2E Debt Service $0 +$0 =$0 -$3,506,300 Total 2E Investing 4 the Future $6,981,316 +$5,414,409 =$12,395,725 -$3,606,300 =$8,789,425 Total Operating Funds $23,446,059 +$46,292,585 =$69,738,644 -$52,487,776 =$17,250,868 Total Capital Funds $12,557,081 +$24,762,900 =$37,319,981 -$33,264,971 =$4,055,010 Total Special Revenue Funds $5,428,927 +$6,820,289 =$12,249,216 -$8,250,530 =$3,998,686 Total Investing 4 the Future $6,981,316 +$5,414,409 =$12,395,725 -$3,606,300 =$8,789,425 (Less Transfers)+($5,159,000) =($5,159,000) -($5,159,000) = GRAND TOTAL ALL FUNDS $48,413,383 +$78,131,183 =$126,544,566 -$92,450,577 =$34,093,989 GRAND TOTAL LESS BOND AND DEBT $41,432,067 +$72,716,774 =$114,148,841 -$88,844,277 =$25,304,564 Budget Summary by Fund ATTACHMENT 2 2021 2022 2022 2023 Actual Adjusted Estimated Proposed SALES TAXES Sales Tax $22,952,227 $23,258,450 $24,214,599 $25,304,256 Sales Tax Audit Revenue $174,621 $250,000 $155,000 $257,000 ESTIP Applejack $0 $20,000 $0 $75,000 ESTIP Grammy's Goodies $0 $15,000 $1,000 $4,000 TIF - Kipling Ridge $527,472 $516,000 $552,608 $600,000 TIF WR Corners $113,773 $114,000 $116,647 $120,000 TIF - Swiss Flowers $30,693 $26,400 $32,394 $40,000 TIF - WestEnd 38 $0 $0 $0 $40,000 TIF-Hacienda $50,596 $60,000 $46,215 $50,000 TIF-Applewood North Stores $287,624 $300,000 $309,634 $350,000 TOTAL SALES TAXES $24,137,006 $24,559,850 $25,428,097 $26,840,256 OTHER TAXES Real Property Tax $1,142,639 $1,120,000 $1,279,384 $1,300,000 Liquor Occupational Tax $50,769 $56,000 $60,000 $60,000 Auto Ownership Tax $90,672 $88,000 $92,000 $93,000 Xcel Franchise Tax $1,392,190 $1,300,000 $1,607,905 $1,600,000 Telephone Occupation Tax $626,461 $590,000 $700,000 $700,000 Lodgers Tax $744,243 $750,000 $1,000,000 $900,000 Admissions Amusement Tax $39,363 $20,000 $60,000 $60,000 TOTAL OTHER TAXES $4,086,337 $3,924,000 $4,799,289 $4,713,000 USE TAXES Use Tax - Retail/Professional $1,064,583 $850,000 $1,106,866 $1,000,000 Use Tax - Building $3,018,482 $6,419,192 $4,200,000 $2,000,000 Use Tax - Auto $2,210,352 $1,800,000 $2,300,000 $2,200,000TOTAL USE TAXES $6,293,417 $9,069,192 $7,606,866 $5,200,000 LICENSE Amusement Machine License $989 $1,000 $3,420 $3,300 Arborist License $865 $1,200 $1,000 $1,000 Contractors License $131,750 $130,000 $115,000 $120,000 Liquor License Fee $23,904 $17,000 $20,000 $29,500 Short-Term Rental License Fees $29,600 $18,000 $35,000 $35,000 Building Permits $1,734,319 $2,102,760 $2,529,330 $1,500,000 Street Cut Permits $249,542 $250,000 $225,000 $225,000 Cable TV Permits $368,364 $350,000 $368,000 $368,000 Business License Fees $152,530 $160,000 $150,000 $150,000 Tobacco and Vaping License Fees $15,300 $600 $1,400 $16,000 Pawn Shop License Fees $10,000 $10,000 $10,000 $10,000TOTAL LICENSE $2,717,163 $3,040,560 $3,458,150 $2,457,800 General Fund Revenues 2021 2022 2022 2023 Actual Adjusted Estimated Proposed General Fund Revenues INTERGOVERNMENTAL Cigarette Tax $91,137 $70,000 $70,000 $70,000 County Road and Bridge $348,485 $330,000 $390,000 $390,000 Arvada Ridge Redevelopment $100,000 $100,000 $100,000 $100,000 Highway Users Tax $974,013 $1,000,000 $976,818 $963,207 Motor Vehicle Registration $108,249 $120,000 $125,000 $125,000 Police - CATPA Auto Theft Grant $128,289 $88,000 $67,000 $88,000 Police - Seat Belt Grant/Click It or Ticket $2,977 $3,000 $3,000 $0 Police - HIDTA Drug Overtime Grant $10,166 $15,000 $15,000 $20,000Grant - Office of Early Childhood $3,000 $0 $0 $0 Police - JAG/Byrne Grant $0 $11,159 $0 $11,159 Police - JAG/COVID Grant $0 $21,637 $21,637 $0 Police - Ballistic Vest Grant $8,935 $10,000 $10,000 $10,000 Police-HVIDE $9,716 $15,000 $9,000 $9,000 Police - POST Grant $0 $3,200 $4,800 $4,800 Police -Pedestrian Safety Grant $0 $12,500 $12,500 $24,779 Police - Fatality Reduction Grant $575 $9,679 $9,679 $19,359 Court - Defense Council Grant $8,861 $12,000 $10,000 $15,000 Homeless Navigator IGA $30,205 $8,000 $42,353 $27,000Urban Agriculture Conservation $12,085 $0 $0 $0Sustainability Program Grants $0 $0 $11,928 $0Parks and Recreation Misc. Grants $0 $0 $94,708 $136,020Police Department Body Worn Camera $0 $0 $54,295 $0 Opioid Settlement $0 $0 $26,768 $13,204 TOTAL INTERGOVERNMENTAL $1,836,693 $1,829,175 $2,054,486 $2,026,528 SERVICES Zoning Applications $74,142 $40,000 $40,000 $35,000 Planning Reimbursement Fees $4,611 $2,000 $2,000 $1,600 Engineering Fees $42,919 $60,000 $30,000 $30,000 Misc. Zoning Fees $2,880 $2,000 $2,000 $2,000 Plan Review Fees $1,432,634 $986,794 $721,343 $695,423 Pavilion/Park Rental Revenue $43,228 $30,000 $32,000 $33,000 Athletics Revenue $126,722 $110,897 $131,330 $151,850 Active Adult Center Revenue $104,774 $177,625 $173,629 $189,210 Parks Historic Facilities $20,727 $20,000 $25,000 $25,000 Gen. Prog. Revenue $148,855 $180,056 $200,000 $190,000 Anderson Building Revenue $39,906 $15,000 $15,000 $15,000 Outdoor Swimming Fees $72,176 $134,000 $154,371 $122,800 Recreation Center Fees $881,278 $1,833,500 $1,400,000 $1,500,000 Aquatics $74,274 $86,000 $60,000 $86,000 Fitness $149,134 $234,560 $160,000 $180,000 Retail Marijuana Fees $392,088 $370,000 $340,000 $340,000 Police Report Fees $15,021 $15,137 $14,000 $14,000 Pawn Shop Ticket Fees $10,400 $12,000 $10,000 $10,000 Sex Offender Registration $4,910 $4,866 $4,000 $4,000 Police Drug Destruction Fees $30 $10 $10 $10 Police Fees $654 $1,800 $100 $100Police Duty Reimbursement $142,293 $146,000 $136,000 $93,610TOTAL SERVICES $3,783,656 $4,462,245 $3,650,783 $3,718,603 2021 2022 2022 2023 Actual Adjusted Estimated Proposed General Fund Revenues FINES & FORFEITURES Municipal Court Fines $35,256 $50,000 $30,000 $35,000 Nuisance Violations Fees $37,844 $39,000 $25,000 $25,000 Handicap Parking Fees $0 $500 $500 $500 Traffic $190,206 $200,000 $100,000 $150,000 General $11,090 $15,000 $10,000 $10,000 Other $5,271 $5,000 $8,000 $10,000 Parking $1,085 $500 $1,000 $1,000 No Proof of Insurance $14,672 $15,000 $7,500 $10,000TOTAL FINE & FORFEITURES $295,424 $325,000 $182,000 $241,500 INTEREST Interest Earnings $20,405 $21,849 $349,907 $522,698 TOTAL INTEREST $20,405 $21,849 $349,907 $522,698 OTHER Cable Peg Fees $34,389 $35,200 $33,000 $33,000 Xcel Solar Garden Credits $59,628 $50,000 $60,000 $60,000 Miscellaneous Income $515,901 $425,000 $1,000,000 $465,000 ARPA Earned Revenue $4,048,772 $308,596 $3,936,640 $0 City Tree Sale Proceeds $0 $24,600 $10,345 $8,000 Sustainability Program $4,119 $5,000 $5,130 $6,200 TOTAL OTHER $4,662,809 $848,396 $5,045,115 $572,200 . Total General Fund $47,832,910 $48,080,267 $52,574,693 $46,292,585 Transfers In $0 $0 $0 $0 Fund Balance Carryover $12,020,367 $20,714,741 $20,714,738 $23,446,059 Total Funds Available $59,853,277 $68,795,008 $73,289,431 $69,738,644 2021 Actual 2022 Adjusted 2022 Estimated 2023 Proposed Legislative Legislative Services $391,243 $695,507 $645,369 $697,117 Total $391,243 $695,507 $645,369 $697,117 City Manager's Office City Manager $595,048 $1,329,878 $1,289,833 $640,738 Economic Development $1,614,385 $2,115,076 $1,867,347 $1,957,714 Homelessness $0 $0 $0 $245,004 Sustainability $0 $0 $0 $197,378 Total $2,209,433 $3,444,954 $3,157,180 $3,040,834 City Attorney City Attorney $315,334 $430,000 $350,000 $410,000 Total $315,334 $430,000 $350,000 $410,000 City Clerk's Office City Clerk $157,643 $188,499 $141,513 $186,649 Total $157,643 $188,499 $141,513 $186,649 City Treasurer City Treasurer $33,404 $36,208 $34,958 $35,958 Total $33,404 $36,208 $34,958 $35,958 Central Charges Central Charges $5,161,308 $5,501,715 $5,100,756 $5,770,465 Total $5,161,308 $5,501,715 $5,100,756 $5,770,465 Municipal Court Municipal Court $725,941 $1,106,755 $854,398 $1,270,364 Total $725,941 $1,106,755 $854,398 $1,270,364 Administrative Services Administration $363,609 $398,393 $358,043 $527,951 Communications and Engagement $300,836 $382,342 $292,582 $325,643 Finance $663,041 $799,764 $733,099 $883,864 Human Resources $600,093 $771,490 $662,343 $786,901 Procurement $145,915 $185,422 $180,546 $206,208 Information Technology $2,036,206 $2,429,097 $2,273,512 $2,631,215 Total $4,109,700 $4,966,508 $4,500,125 $5,361,782 Community Development Administration $272,636 $290,983 $281,004 $298,852 Planning $818,854 $1,210,076 $1,152,075 $1,283,333 Building $2,015,637 $1,963,937 $2,237,720 $1,293,850 Engineering $860,858 $936,360 $917,030 $988,411 Total $3,967,985 $4,401,356 $4,587,829 $3,864,446 Police Administration $1,868,773 $2,142,680 $2,109,845 $2,362,887 Grants $161,623 $182,766 $141,000 $217,434 Community Services Team $279,641 $316,953 $275,804 $374,178 Crime Prevention Team $256,406 $343,242 $154,721 $355,461 Records Team $373,203 $516,132 $307,361 $503,356 Training and Accreditation $278,499 $432,352 $400,226 $424,651 Patrol $5,643,327 $5,962,628 $5,631,653 $6,337,541 Investigations Bureau $2,578,742 $2,813,495 $2,690,975 $3,087,033 Crime & Traffic Team $520,652 $571,492 $379,818 $555,433 Total $11,960,866 $13,281,740 $12,091,403 $14,217,974 General Fund Expenditures 2021 Actual 2022 Adjusted 2022 Estimated 2023 Proposed General Fund Expenditures Public Works Operations $3,096,913 $4,286,606 $4,000,763 $4,281,363 Facilities Maintenance $0 $0 $0 $1,037,923 Total $3,096,913 $4,286,606 $4,000,763 $5,319,286 Parks and Recreation Administration $282,085 $367,510 $310,804 $326,688 Recreation $270,661 $369,701 $366,284 $560,186 Parks Maintenance $1,187,061 $1,605,750 $1,411,957 $1,705,796 Forestry $294,708 $760,717 $481,456 $591,047 Natural Resources $112,838 $169,031 $142,086 $174,580 Anderson Building $75,843 $87,964 $83,748 $100,292 Athletics $199,607 $236,799 $220,102 $258,328 General Programs $281,137 $371,134 $370,420 $407,074 Outdoor Pool $204,481 $316,238 $244,815 $297,855 Active Adult Center $356,229 $442,838 $430,483 $524,672 Historic Buildings $46,747 $74,327 $73,950 $67,333 Facilities Maintenance $781,219 $1,295,866 $1,035,918 $0 Rec Center Facility Operations $576,743 $626,982 $605,945 $712,003 Aquatics $758,500 $919,620 $800,191 $1,081,455 Fitness $280,910 $328,345 $305,474 $346,592 Total $5,708,769 $7,972,822 $6,883,633 $7,153,901 Total General Fund $37,838,539 $46,312,670 $42,347,927 $47,328,776 Transfers $1,300,000 $7,495,445 $7,495,445 $5,159,000 Total With Transfers $39,138,539 $53,808,115 $49,843,372 $52,487,776 ITEM NO: 3 DATE: November 28, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2022 – AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PERMIT COMPOSTING UNDER PRESCRIBED CONDITIONS PUBLIC HEARING ORDINANCES FOR 1ST READING (11/28/22) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/12/22) RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: The City of Wheat Ridge’s Municipal Code includes a definition of “nuisance” in Section 15-25 which could be interpreted to prohibit composting. The purpose of this ordinance is to clarify existing language in the Municipal Code to allow composting. PRIOR ACTION: At the July 11, 2022 City Council meeting, Mayor Pro Tem Hultin shared during Elected Matters that she had worked with Sustainable Wheat Ridge and the City Manager to request that this topic be brought forward at a future study session. Staff returned at the September 26, 2022 study session meeting and presented proposed code amendments with the intent to define and allow composting. FINANCIAL IMPACT: N/A BACKGROUND: Composting has become an increasingly popular activity and provides households with the opportunity to reduce the amount of waste being sent to landfills, as over 30% of household waste is made up of compostable materials such as food scraps and yard waste. In addition to waste reduction, composting enriches soil and improves its moisture retention, reduces methane emissions from landfills, lowers the Council Action Form – Residential Composting November 28, 2022 Page 2 carbon footprint of participating households, and increases the resilience of soil to extreme heat and flooding events. The allowance of composting in Wheat Ridge would be in alignment with the City’s 2035 Vision Statement, which states: Wheat Ridge is committed to environmental stewardship so that residents have opportunities to recycle, to compost, to reduce air pollution, emissions, litter, and water waste, and to pursue urban agriculture. Allowing composting also aligns with the following goals from the Wheat Ridge Environmental Sustainability Action Plan (WRESAP): • Solid Waste & Recycling Goal 1: Improve waste management behavior by residents, businesses, and institutions. • Solid Waste & Recycling Goal 2: Reduce negative impacts of waste management on city infrastructure and local environment. • Solid Waste & Recycling Goal 2-B: Update City municipal code to incorporate progressive solid waste management standards. DISCUSSION: During the September 26, 2022 study session, staff presented two proposed code amendments to Chapter 15, Nuisances, of the Municipal Code to define composting and exempt this activity from being considered under the scope of Chapter 15: • Proposed amendment #1: define compostable materials as Compostable materials means discarded materials from any residential or commercial source that are collected separately for the purpose of being composted, or otherwise processed into soil amendment, fertilizer, mulch, sludge, biogas, fuel, or electricity. • Proposed amendment #2: amend Section 15-25 making it clear that the section does not extend to composting, compost, or compostable materials as defined, with language stating Composting, which shall mean the mixing of shredded and decayed organic matter with dirt or earth for the purpose of fertilizing and conditioning soil to support plant growth, shall not be deemed a violation of this section unless it creates a nuisance by means of a foul odor, or other miscellaneous condition. Council provided feedback to staff at this meeting, with some members expressing concern about the potential for compost piles to attract animals and other pests and a desire for additional language on how and where composting should be allowed. Council members also expressed interest in changing the language from “miscellaneous” to “objectionable” conditions in the above proposed amendment #2. Consensus was not provided to include this feedback in the ordinance; however, staff recommends making the language change from “miscellaneous” to “objectionable” condition. The attached ordinance reflects that recommendation. Council provided consensus to staff to work with the City Attorney to bring forth an ordinance defining composting and to exempt this activity from the scope of Chapter 15. The following amendments to Council Action Form – Residential Composting November 28, 2022 Page 3 Chapter 15 are proposed: • Add definitions for Composting and Compostable materials in Section 15-4 • Change the initial proposed language to state “objectionable” instead of “miscellaneous” condition • Add language to Section 15-25(c) to exempt composting from the scope RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2022, an ordinance amending the Wheat Ridge Code of Laws to permit composting under prescribed conditions, on first reading, order it published, public hearing set for Monday, December 12, 2022 at 7:00 p.m. as a virtual meeting and in City Council Chambers if allowed to meet in person on that date per COVID-19 restrictions, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 22-2022, an ordinance amending the Wheat Ridge Code of Laws to permit composting under prescribed conditions, for the following reason(s) _________________.” REPORT PREPARED BY; Mary Hester, Sustainability Coordinator Marianne Schilling, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2022 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 22 ORDINANCE NO. _________ Series 2022 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS TO PERMIT COMPOSTING UNDER PRESCRIBED CONDITIONS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously enacted Chapter 15 of the Code of Laws describing and prohibiting nuisance conditions; and WHEREAS, backyard composting has been increasing in popularity as an effective method for households to decrease the amount of household waste that is diverted to landfills; and WHEREAS, there are many benefits of residential composting, including: • food scraps and yard waste make up over 30% of household waste, much of which could be composted; • composting enriches the soil, helping it to retain moisture and suppress plant diseases and pests while reducing the need for chemical fertilizers. Degraded soil releases carbon, but even a one-time application of compost turns soil back into a carbon sink; • composting reduces methane emissions from landfills and lowers the carbon footprint of households; landfilling food scraps produces 20 times the CO2 emissions as composting; • composting increases soil resilience to extreme heat and flooding; and WHEREAS, the allowance of residential composting in Wheat Ridge would create alignment with the City’s agricultural roots. Composting is directly mentioned in the City’s 2035 Vision Statement, which states: Wheat Ridge is committed to environmental stewardship so that residents have opportunities to recycle, to compost, to reduce air pollution, emissions, litter, and water waste, and to pursue urban culture; and WHEREAS, the Wheat Ridge Environmental Sustainability Plan (WRESAP) also supports composting; and WHEREAS, the Council wishes to amend the Code so as to remove the potential for properly performed composting to be considered a nuisance. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED by the City Council of the City of Wheat Ridge, Colorado: Section 1. Section 15-4 of the Code is amended by the addition of the following new definitions in the appropriate alphabetical order: Compostable materials means discarded materials from any residential or commercial source that are collected separately for the purpose of being composted, or otherwise processed into soil amendment, fertilizer, mulch, sludge, biogas, fuel, or electricity. Composting means the mixing of shredded and decayed organic matter with dirt or earth for the purpose of fertilizing and conditioning soil to support plant growth. Section 2. Section 15-25 of the Code is amended to read: It shall be unlawful to: (a) Store upon the property, place upon the property, or allow to remain on the property any trash or garbage, as described for a period in excess of seven (7) days, PROVIDED, HOWEVER, COMPOSTING AND THE STORAGE OF COMPOSTABLE MATERIALS IN THE PROCESS OF COMPOSTING, SHALL NOT BE DEEMED A VIOLATION OF THIS SECTION, PROVIDED THAT COMPOST PILES SHALL BE IN A SEGREGRATED AREA, AND SHALL CONTAIN ALTERNATE LAYERS OF PLANT MATERIALS MAINTAINED TO FACILITATE DECOMPOSITION AND PRODUCE ORGANIC MATERIAL TO BE USED AS A SOIL CONDITIONER. NO PERSON WHO MAINTAINS A COMPOST CONTAINER, BIN OR PILE SHALL FAIL TO PREVENT IT FROM BECOMING A NUISANCE DUE TO PUTRID ODORS OR ATTACTION OF WILDLIFE OR PESTS, INCLUDING, WITHOUT LIMITATION, INSECTS, RODENTS, OR OTHER ANIMALS, OR ANY OTHER OBJECTIONABLE CONDITION. (b) . . . (c) OTHER THAN AS PERMITTED FOR COMPOSTING UNDER SECTION 15-25(a), place or permit to remain anywhere in the city any garbage or other material subject to decay other than leaves or grass, except in a covered metal or plastic container, or in a sealed plastic bag, awaiting pickup and disposal; . . . Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____________, 2022, 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 December 12, 2022 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2022. SIGNED by the Mayor on this _____ day of ____________, 2022. _____________________________ Bud Starker, Mayor ATTEST: ____________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: November 28, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 43-2022 – A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2022, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2023 BUDGET YEAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Administrative Services Director City Manager ISSUE: This resolution authorizes the levying of property taxes for the 2022 fiscal year to help defray the cost of government in 2023. PRIOR ACTION: None FINANCIAL IMPACT: The City’s mill levy will be set at 1.830, raising approximately $1,275,817 in property tax revenue. BACKGROUND: 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 estimated total net assessed valuation for the City for the year of 2022 is $697,167,505, which is a decrease of $1.9 million compared to the final valuation in 2021. The City is also required by this same section of the C.R.S. to Council Action Form – Certification of Mill Levy November 28, 2022 Page 2 officially certify the property tax mill levy to the Jefferson County Board of County Commissioners by December 15, 2022. The City’s property tax mill levy will remain at 1.830 mills for the 2023 budget, generating approximately $1,275,817 in property tax revenue, a decrease of $3,567 compared to the 2022 estimate. 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. RECOMMENDATIONS: Set the mill levy at 1.830. RECOMMENDED MOTION: “I move to approve Resolution No. 43-2022, a resolution levying general property taxes for the year 2022, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2023 budget year.” Or, “I move to postpone indefinitely Resolution No. 43-2022, a resolution levying general property taxes for the year 2022, to help defray the costs of government for the City of Wheat Ridge, Colorado for the 2023 budget year for the following reason(s)___________________________.” REPORT PREPARED/REVIEWED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 43-2022 2. 2022 Certification of Tax Levy CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43 Series of 2022 TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 2022, TO HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2023 BUDGET YEAR WHEREAS, the City Council of the City of Wheat Ridge adopted the 2023 annual budget on November 28, 2022 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 $1,275,817, and; WHEREAS, the Local Government Budget Law requires certification of the annual property tax mill levy by December 15, 2022, and; WHEREAS, the total net assessed valuation of all taxable property subject to taxation for the year 2022 is $697,167,505 and; WHEREAS, the City has determined to levy 1.830 mills on all taxable property within the City for the fiscal year 2022. 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 2023 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 2022. 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 28th day of November 2022. ___________________________ Bud Starker, Mayor ATTEST: _________________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 Form DLG 70 (rev 7/08) Page 1 of 2 ATTACHMENT 2 3110 County Tax Entity Code DOLA LGID/SID / CERTIFICATION OF TAX LEVIES for NON-SCHOOL Governments TO: County Commissioners1 of Jefferson County , Colorado. On behalf of the City of Wheat Ridge , (taxing entity)A the City Council (governing body)B of the City of Wheat Ridge (local government)C Hereby officially certifies the following mills to be levied against the taxing entity’s GROSS assessed valuation of: $ 733,136,619 (GROSSD assessed valuation, Line 2 of the Certification of Valuation Form DLG 57E) Note: If the assessor certified a NET assessed valuation (AV) different than the GROSS AV due to a Tax Increment Financing (TIF) AreaF the tax levies must be calculated using the NET AV. The taxing entity’s total property tax revenue will be derived from the mill levy multiplied against the NET assessed valuation of: $ 697,167,505 (NETG assessed valuation, Line 4 of the Certification of Valuation Form DLG 57) Submitted: 11-28-22 for budget/fiscal year 2023 . (not later than Dec. 15) (mm/dd/yyyy) (yyyy) PURPOSE (see end notes for definitions and examples) LEVY2 REVENUE2 1. General Operating ExpensesH 1.830 mills $ 1,275,817 2. <Minus> Temporary General Property Tax Credit/ Temporary Mill Levy Rate ReductionI < > mills $ < > SUBTOTAL FOR GENERAL OPERATING: 1.830 mills $ 1,275,817 3. General Obligation Bonds and InterestJ mills $ 4. Contractual ObligationsK mills $ 5. Capital ExpendituresL mills $ 6. Refunds/AbatementsM mills $ 7. OtherN (specify): mills $ mills $ TOTAL: [ Sum of General Operating Subtotal and Lines 3 to 7 ] 1.830 mills $1,275,817 Contact person: (print) Patrick Goff Daytime phone: (303) 235-2805 Signed: Title: City Manager Include one copy of this tax entity’s completed form when filing the local government’s budget by January 31st, per 29-1-113 C.R.S., with the Division of Local Government (DLG), Room 521, 1313 Sherman Street, Denver, CO 80203. Questions? Call DLG at (303) 866-2156. 1 If the taxing entity’s boundaries include more than one county, you must certify the levies to each county. Use a separate form for each county and certify the same levies uniformly to each county per Article X, Section 3 of the Colorado Constitution. 2 Levies must be rounded to three decimal places and revenue must be calculated from the total NET assessed valuation (Line 4 of Form DLG57 on the County Assessor’s final certification of valuation). Form DLG 70 (rev 7/08) Page 2 of 2 ITEM NO: 5 DATE: November 28, 2022 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ELECT THE MAYOR PRO TEM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Manager ISSUE: Each year City Council Members elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. Council Action Form – Election of Mayor Pro Tem November 28, 2022 Page 2 FINANCIAL IMPACT: None BACKGROUND: Mayor Pro Tem authority and duties include: 1. In the absence of the Mayor, the Mayor Pro Tem shall preside as the Chair and shall have the voting privileges of a regular Council Member 2. Function as the Council Parliamentarian 3. Review and set the Agenda prior to Council Meetings and add emergency items for discussion if necessary 4. Remove any item from the Agenda or any Regular Meeting or Study Session, before publication, with the exception of: a. Any item placed on the Agenda by two (2) Council Members or by the Mayor and one (1) Council Member prior to the meeting b. An item added by the Council by majority vote of Council present during any meeting 5. Arrange for and coordinate the orientation of all newly elected officials, including a review of Rules of Order and Procedure for the City Council RECOMMENDED MOTION: "I move to elect _______________________ as Mayor Pro Tem, effective immediately, term to expire upon election of their successor.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager