6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING. January 23, :00p.m.

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1 6:30 p.m. Pre-Meeting CTY COUNCL MEETNG CTY OF WHEAT RDGE, COLORADO 7500 WEST 29TH AVENUE, MUNCPAL BULDNG January 23, :00p.m. ndividuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public nformation Officer, at at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGANCE ROLLCALLOFMEMBERS APPROVAL OF MNUTES OF January 9, 2012 PROCLAMATONS AND CEREMONES CTZENS' RGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda tems, please sign the GENERAL AGENDA ROSTER or appropriate PUBLC HEARNG ROSTER before the item is called to be heard. APPROVAL OF AGENDA DECSONS, RESOLUTONS, AND MOTONS 1. Motion to encumber funds for WRTV Videographer Services in an amount not to exceed $39,400 to.o.t.k. Media 2. Motion to approve payment to Colorado ntergovernmental Risk Sharing Agency (CRSA) for 2012 Workers' Compensation Premium in the amount of $375,875 and 2012 Property/Casualty Premium in the amount of $172, Motion to encumber funds for 2012 Municipal Court Prosecuting Attorney Legal Services in an amount not to exceed $84,000 to various venders 4. Motion to encumber funds for 2012 City Attorney Legal Services in an amount not to exceed $174,000 to various vendors

2 CTY COUNCL AGENDA: January 23, 2012 Page Motion to approve payment of the Annual Sales Tax ncrement for the Wheat Ridge Cyclery Project in the amount of $47, to Renewal Wheat Ridge ~ Motion to Ratify Mayoral Appointment(s) to Renewal Wheat Ridge z. Motion to approve the proposed changes to Council Rules of Order and Procedure CTY MANAGER'S MATTERS CTY ATTORNEY'S MATTERS ELECTED OFFCALS' MATTERS ADJOURNMENT to Study Session

3 CTY OF WHEAT RDGE, COLORADO January 9, 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Davis Reinhart, William "Bud" Starker, Joyce Jay, Kristi Davis, Mike Stites, George Pond, Tracy Langworthy, and Joseph DeMott. Also present: City Clerk, Janelle Shaver; Bruce Roome, Deputy City Clerk; City Treasurer, Larry Schulz; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Administrative Services Director, Heather Geyer; Community Development Director, Kenneth Johnstone; Public Works Director, Tim Paranto; Chief of Police, Dan Brennan; Joyce Manwaring, Parks and Recreation Director; staff and interested citizens. APPROVAL OF MNUTES OF December and December 19, 2011 Motion by Mr. Stites for approval of the Minutes of December 12, 2011 and December 19, 2011; seconded by Mr. Starker; carried 8-0. CTZENS' RGHT TO SPEAK Guy Nahmiach, Wheat Ridge resident and Chairman of the Parks & Recreation Commission, spoke to rebut a recent letter in the Neighborhood Gazette that contained negative remarks about the recently opened dog park at Fruitdale Park. Mr. Nahmiach spoke about the process that was used over the past year to bring the Dog Park to fruition. Mr. Nahmiach was emphatic that people understand that this was a very open community group effort and that no under-the- table, back door deals had been made, as was indicated in a letter to the Neighborhood Gazette. Mr. Nahmiach indicated that he had spoken with Mayor DiTullio about the unfriendly letter in the Neighborhood Gazette and that the Mayor would be proud to have the dog park named after him as it was sarcastically recommended in the letter, but the dog park is still named the Wheat Ridge Dog Park. ~ CONSENTAGENDA A. Resolution No amending the Fiscal Year 2012 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $25,116 for the renewal of the 2012 contract to support the WRTV8 Community Bulletin Board Software and to purchase three additional licenses B. Resolution No amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of

4 City Council Minutes January 9, 2012 Page 2 $12, for the renewal of the WRTV8 Community Video Streaming Software support for 2012 C. Resolution No approving an ntergovernmental Agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene services in the amount of $68,610 D. Resolution No amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget appropriation for the 2011 Edward Byrne Justice Assistance Grant in the amount of $19,022 E. Resolution No designating the Official Public Notice location and the Official Newspaper of General Circulation for the City of Wheat Ridge Colorado F. Resolution No amending the Fiscal year 2012 Municipal Court Fund Budget to reflect the approval of a Supplemental Budget appropriation in the amount of $20,300 for the purchase of a Portable Security Scanner G. Resolution No approving an ntergovernmental Agreement between the City of Wheat Ridge and the State of Colorado to provide the City with access to the State Unemployment Benefit Database for Municipal Court purposes H. Motion to approve the Annual Renewal for the Computer Aided Dispatch and Records Management System in the amount of $81,755 to Logistic Systems, nc.. Motion to encumber funds for On-Call Storm Sewer Cleaning and On-Call Traffic Signal Repair Services in a total amount not to exceed $105,000 Consent Agenda was introduced and read by Mr. Starker. Motion by Mr. Starker for approval of the Consent Agenda; seconded by Mr. Reinhardt; carried 8-0. DECSONS. RESOLUTONS AND MOTONS 2. Resolution approving a Performance Agreement between the City of Wheat Ridge and the Zoppe Family, nc. and a Consulting Agreement with Success Resources Unlimited, nc., and amending the 2012 Fiscal Year General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $34,500 for the first deposit required by the Performance Agreement and the full amount required by the Consulting Agreement Resolution was introduced by Mrs. Jay.

5 City Council Minutes January 9, 2012 Page 3 Janet Lombardi, from the talian American Business Association spoke in favor of the Zoppe Circus coming to Wheat Ridge. Margie Seyfer, spoke on behalf of the Carnation Festival and reiterated their excitement to make it part of the Festival. Gina Hallisey, from Success Resources Unlimited, nc. was available to answer questions from Council. Motion by Mrs. Jay to approve Resolution A resolution approving a Performance Agreement between the City of Wheat Ridge and Zoppe Family, nc. and a Consulting Agreement with Success Resources Unlimited nc. and amending the fiscal year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $34,500 for the first deposit required by both agreements; seconded by Mr. DeMott and Mrs. Langworthy; Motion by Mrs. Jay to amend the motion by making the following amendments to the Performance Agreement between the City and Zoppe Family Circus: Paragraph 1: add a "PR appearance at Carnation Festival Parade on Saturday, August 18;" add at end of paragraph: "Artist will schedule "rain dates" for cancelled performances, provided, however, that the total number of performances not be increased nor the number of rest days decreased thereby." Paragraph 4: revise last phrase by deleting "and adding to the Fee terms only the national inflation rate or 6% whichever is greater," and inserting" to include the amount of the Fee. Seconded by Mr. DeMott; carried 8-0. Original motion carried 7-1 with Mr. Reinhart voting no. ~- Motion to appoint Elected Officials to Outside Agencies Motion by Mr. Pond to appoint Council Member Davis Reinhart to the Colorado Municipal League, Policy Committee Member, with Council Member Bud Starker appointed as alternate; seconded by Mr. Stites; carried 8-0. Motion by Mr. Pond to appoint Council Member Joyce Jay to DRCOG, Council Representative, with Council Member Bud Starker as alternate; seconded by Mr. Stites; carried 8-0. Motion by Mr. Pond to appoint Council Member Davis Reinhart to the Jefferson Economic Council; seconded by Mr. Stites; carried 8-0.

6 City Council Minutes January 9, 2012 Page4 Motion by Mr. Pond to appoint Council Member Joseph DeMott to the Jefferson County Housing Rehab Loan Committee; seconded by Mr. Stites; carried 8-0. Motion by Mr. Pond to appoint George Pond to the Jefferson County Transportation Action and Advocacy Group Committee; seconded by Mr. Stites; carried 8-0. Motion by Mr. Pond to appoint Council Member Mike Stites to the Police Seizure Fund; seconded by Mr. Stites; carried 8-0. Motion by Mr. Pond to appoint City Clerk Janelle Shaver to the Jefferson County Community Corrections Board; seconded by Mr. Stites; carried 8-0. Motion by Mr. Pond to appoint Mayor Jerry DiTullio to the Community Development Block Grant Committee with Sally Payne as alternate; seconded by Mr. Stites; carried Presenting the proposed change(s) to Council Rules of Order and Procedure This was information only as Council was presented with the officially updated document. The adoption of the proposed changes will be on the January 23, 2012 agenda. CTY MANAGER MATTERS Mr. Goff provided an update on Town Center North at 44th and Wadsworth. Renewal Wheat Ridge closed their sale of the property with Wazee Partners this week. Since then Wazee Partners has pulled permits and started dirt work for construction of an 88 unit senior housing apartment. For anyone interesting in leasing, go to the Wazee Partners website at Mr. Goff also stated that the Metro Care Providers Network (MCPN) has started earth work and tree removal in preparation of their new building at 29th and Wadsworth. ELECTED OFFCALS' MATTERS Ms. Davis would like to thank the many businesses of Wheat Ridge for their generosity. Ms. Davis is a member Wilmore Davis Elementary PTA which is having a silent auction and businesses in Wheat Ridge have gone out of their way to help by donating. The goal is to raise enough money for the PTA to put smart boards in the classrooms. The auction is Friday February 1Oth from 5:30-8:00 at Wilmore Davis Elementary School (7975 W. 41st Avenue.) Mayor DiTullio encouraged safe driving, especially in school zones. t is important to remember no texting while driving and more importantly don't drink and drive. Meeting adjourned to Study Session at 7:46p.m.

7 City Council Minutes January 9, 2012 Page 5 Bruce Roome, Deputy City Clerk APPROVED BY CTY COUNCL ON January 23, 2012 BY A VOTE OF to Mike Stites, Mayor pro tern The preceding Minutes were prepared according to 47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.

8 ~.~ ~,., ~ City of ~ WheatRi dge TEM NO:. DATE: January 23, 2012 REQUEST FOR CTY COUNCL ACTON TTLE: MOTON TO ENCUMBER FUNDS FOR WRTV VDEOGRAPHER SERVCES N AN AMOUNT NOT TO EXCEED $39,400 TO.O.T.K. MEDA 0 PUBLC HEARNG rgj BDS/MOTONS D RESOLUTONS QUAS-JUDCAL: D ORDNANCES FOR 1ST READNG (mrnldd/yyyy) 0 ORDNANCES FOR 2ND READNG (mrnldd/yyyy) D YES rgj NO City Manager SSUE: Should the City Council approve the requested encumbrance for 2012 WRTV8 Videographer Services in an amount not to exceed $39,400? PROR ACTON: City Council approved RFP Video Services for Channel 8 at the December 8, 2008 City Council meeting. Per the Video Services Agreement with.o.t.k. Media, the City has a third year renewal option which was effective December 9, FNANCAL MPACT: Funding in the amount of$39,400 was budgeted in account On October 24, 2011, City Council established a purchasing policy requiring City Council approval for all purchases above $35,000. BACKGROUND: n 2009, the City hired Jesse Johnson ofi.o.t.k. Media following the formal bid process with the Purchasing Division to provide videography services for WRTV8. The 2012 budget is the same as the 2011 budget. V:\Forms\CAFtemplate

9 Council Action Form January 23, 2012 Page2 Videography services for 2012 includes: encoding and scheduling (uploading DVDs from other communities such as Off the Page as well as programming the video streaming software and scheduling programming each month), B-roil (gathering of video footage at events and programs used for future programming), taping of City Council and Planning Commission meetings, Community Election forum and 12 Wheat Ridge Top of the Hour programs. The new approach the City took to Top of the Hour programming in 2009 proved to be successful. The WRTV8 program has received two national awards from the City-County Communications and Marketing Association (3CMA) for the Comprehensive Plan (1st place regularly scheduled programming) and Coffee with a Cop (2nd place public service announcement) videos. n 2010, the City was awarded a first place Savvy award for the Holdup program in the TV and Videos-Promotional Video category. This funding is for videography services only. A breakdown of the Videography Services includes: City Council Meetings - $1 0,400/year ($400/meeting) Planning Commission Meetings - $1 0,400/year ($400/meeting) Wheat Ridge Top ofthe Hour- $12,000/year ($1,000/episode) Community Election Forum- $500/year Programming & Scheduling- $2,200/year (increased amount for 2011) Encoding of Programming- $2,200/year Two miscellaneous programs - $1,200 ($600 each or three shorter meetings with less edits at $400 each) B-roil - $500 RECOMMENDATONS: Staff recommends approval ofthe requested encumbrance. RECOMMENDED MOTON: " move to encumber funds for 2012 WR TV8 videographer services in an amount not to exceed $39,400 to.o.t.k. Media." Or, " move to deny the motion to encumber funds for 2012 WRTV8 videographer services for the following reason(s) " REPORT PREPARED/REVEWD BY; Heather Geyer, Director of Administrative Services/PG

10 ~ A~... ~ City of.? WheatRL_dge TEM NO: _1L_ DATE: January 23, 2012 REQUEST FOR CTY COUNCL ACTON TTLE: MOTON TO APPROVE PAYMENT TO COLORADO NTERGOVERNMENTAL RSK SHARNG AGENCY (CRSA) FOR 2012 WORKERS' COMPENSATON PREMUM N THE AMOUNT OF $375,875 AND 2012 PROPERTY/CASUALTY PREMUM N THE AMOUNT OF $172,672 0 PUBLC HEARNG ~ BDS/MOTONS D RESOLUTONS QUAS-JUDCAL: D ORDNANCES FOR 1ST READNG 0 ORDNANCES FOR 2ND READNG D YES ~ NO City Manager SSUE: The Colorado ntergovernmental Risk Sharing Agency (CRSA) provides property/casualty and workers' compensation coverage for the City of Wheat Ridge. Each year the City of Wheat Ridge completes a CRSA renewal application process for both property/casualty and workers' compensation coverage and the premium amount is based on the information provided in the applications. The pool billing amount is then reduced if the City is eligible for credits offered by CRSA. The final payments for 2012 are $375,875 for workers' compensation and $172,672 for property/ casualty. FNANCAL MPACT: CRSA premiums are budgeted line items in the 2012 adopted budget, General Government Central Charges account. Staff noted the increase in premiums during the City Council budget retreat. ncreases in premiums are the result of usage and no CRSA pool credits being issued. The City did receive a total of $22,441 in credits between the two policies which is itemized in the background section below. V:\Forms\CAFtemplate

11 Council Action Form January 23, 2012 Page 2 BACKGROUND: Each year the City of Wheat Ridge completes a CRSA renewal application process for both property/casualty and workers compensation coverage and the premium amount is based on the information provided in the applications. The pool billing amount is then reduced if the City is eligible for credits offered by CRSA. For 2012 the City received Loss Control Audit Credits of$18,328 for worker's compensation and $4,113 for property/casualty. The City received a member equity credit for property/casualty coverage in the amount of $14,982. We did not receive a member equity credit for workers' compensation in 2012 as received in The workers' compensation member equity credit in 2011 was $52,812. The adjusted workers' compensation payment for 2012 is $375,875, which reflects a premium increase of$118,587 from the $257,288 paid in Staff will continue to monitor the impact of workers' compensation usage in The City has had high usage over the past several years and the member equity credits have helped minimize the impact of increases. As Patrick Goff, City Manager noted in the 2012 budget retreat, staff will research possible alternative options for workers' compensation insurance coverage for 2013 to ensure that the City is receiving good pricing/coverage. The adjusted property/casualty payment for 2012 is $172,672, which reflects a $1,775 increase in premium from the $170,897 paid in RECOMMENDATONS: Staff recommends payment of the adjusted premiums. RECOMMENDED MOTON: " move to approve payment to CRSA for 2012 workers' compensation premium in the amount of$375,875 and the 2012 property/casualty premium in the amount of$172,672. Or, " move deny the payment to CRSA for workers' compensation and property/casualty premiums for the following reason(s) " REPORT PREPARED/REVEWED BY; Heather Geyer, Administrative Services Director ATTACHMENTS: 1. nvoice# W Workers' Compensation Pool billing for nvoice# Property /Casualty Pool billing for 2012

12 3~ Y E A R 5 nvoice# W12120 January 1, 2012 City of Wheat Ridge Karen Van Ert 7500 W. 29th Ave. Wheat Ridge, CO This invoice constitutes your Workers' Compensation Pool billing for 2012: Workers' Compensation Coverage (see breakdown enclosed) 20 Loss Control (LC) Audit Credit EFFECTVE DATES OF COVERAGE 01/ /13 AMOUNT DUE $394,203 ($1 8,328) TOTAL 2012 AMOUNT DUE, NET OF CREDTS $375,875 The Board has established two options for payment of this contribution:. Full payment on January. Select this option by paying the full amount due by February 15, Payments made after February 5 will be charged interest on 1/4 of the contribution at the current prime interest rate. 2. Four equal payments on January, April, July, and October, Notices will be sent on the due dates and payments will be considered delinquent 45 days following the due dates. Payments made late will be charged interest on 114 of the contribution at the current prime interest rate. Select this option by paying 1/4 of the amount due by February 5, 202. Delinquencies are subject to CRSA Bylaws, Article V (1) (a) and Article XV. This invoice includes all exposure changes reported to us from the time your renewal quote was calculated, August 18, 20, to the time the invoice was calculated, December 4, 20. Any changes between August 8 and December 4, including but not limited to the addition or deletion of payroll, or amendment of a class code, are reflected in this invoice. Any changes after December 4 will be included in your payroll audit performed in February 203. PLEASE REMT PAYMENT TO: CRSA WC Department 543 Denver, CO Attachment 1

13 0\ -4?1 0 -loo -l8\ Y E A R 5 nvoice # January 1, 2012 City of Wheat Ridge Karen Van Ert 7500 W. 29th Ave. Wheat Ridge, CO This invoice constitutes your Property/Casualty Pool billing for 2012: EFFECTVE DATES OF COVERAGE Property/Casualty Coverage: 01/ /13 General Liability, including separately rated exposures Public Officials E&O Liability Police Professional Liability Auto Liability Auto Physical Damage Property Damage Total Property/Casualty Coverage PC Member Equity Account Adjustment 2011 Loss Control (LC) Audit Credit TOTAL 2012 AMOUNT DUE, NET OF CREDTS AMOUNT DUE $14,593 $36,559 $46,171 $26,867 $5,705 $61,872 $191,767 $(14,982) $(4,113) $172,672 The Board has established two options for payment of this contribution: 1. Full payment on January 1. Select this option by paying the full amount due by February 15, Payments made after February 15 will be charged interest on 1/4 of the contribution at the current prime interest rate. 2. Four equal payments on January, April, July 1, and October 1, Notices will be sent on the due dates and payments will be considered delinquent 45 days following the due dates. Payments made late will be charged interest on 1/4 of the contribution at the current prime interest rate. Select this option by paying 1/4 ofthe amount due by February 15,2012. Delinquencies are subject to CRSA Bylaws, Article V () (a) and Article XV. This invoice includes all exposure changes reported to us from the time your renewal quote was calculated, August 23, 2011, to the time the invoice was calculated, December 15, Any changes between August 23 and December 15, including but not limited to the addition or deletion of buildings, mobile equipment and automobiles, are reflected in this invoice. Any changes after December 15 will be billed or credited separately. This invoice does not include any optional coverages your entity has selected. A separate bill will be sent for any such coverages. PLEASE REMT PAYMENT TO: CRSA Department 543 Denver, CO Attachment 2

14 ~ ~ ~ ~... _., City of JP'WheatRL_dge REQUEST FOR CTY COUNCL ACTON TEMN0:...3_ DATE: January 23,2012 TTLE: MOTON TO ENCUMBER FUNDS FOR 2012 MUNCPAL COURT PROSECUTNG ATTORNEY LEGAL SERVCES N AN AMOUNT NOT TO EXCEED $84,000 TO V ARlO US VENDORS 0 PUBLC HEARNG k8j BDS/MOTONS D RESOLUTONS QUAS-JUDCAL: 0 ORDNANCES FOR 1 sr READNG (rnm/dd/yyyy) 0 ORDNANCES FOR 2N READNG (mm/dd/yyyy) D YES k8j NO City Manager SSUE: Should the City Council approve the requested encumbrance for 2012 Municipal Court prosecuting attorney legal services in a not to exceed budget amount of $84,000? PROR ACTON: City Council approved funding for 2012 Municipal Court prosecuting attorney legal services in the 2012 budget in the amount of$84,000. FNANCAL MPACT: Funding in the amount of $84,000 is budgeted in account On October 24, 2011, City Council established a purchasing policy requiring City Council approval for all purchases above $35,000. BACKGROUND: The request to encumber funds for various vendors is for Municipal Court prosecuting attorney legal services. The City pays for prosecuting attorney services on a monthly basis. The City Attorney's Office provides substitutes for the prosecuting attorney when needed. The request for V:\Fonns\CAFtemplate

15 Council Action Form January 23, 2012 Page2 "Various Vendors" allows staff to encumber the total $84,000 and pay invoices to both the prosecuting attorney and Jerry Dahl's Office for prosecuting attorney services. RECOMMENDATONS: Staff recommends approval of the requested encumbrance. RECOMMENDED MOTON: " move to encumber funds for 2012 Municipal Court Prosecuting Attorney legal services in an amount not to exceed $84,000 to Various Vendors." Or, " move to deny the motion to encumber funds for 2012 Municipal Court Prosecuting Attorney legal services to Various Vendors for the following reason(s) " REPORT PREPARED/REVEWD BY; Heather Geyer, Director of Administrative Services/PO

16 ,.~A~... _, City of JP'"WheatRi_dge TEM NO:!:{_ DATE: January 23, 2012 REQUEST FOR CTY COUNCL ACTON TTLE: MOTON TO ENCUMBER FUNDS FOR 2012 CTY ATTORNEY LEGAL SERVCES N AN AMOUNT NOT TO EXCEED $174,000 TO VAROUS VENDORS 0 PUBLC HEARNG rgj BDS/MOTONS 0 RESOLUTONS QUAS-JUDCAL: 0 ORDNANCES FOR 1ST READNG (mm/dd/yyyy) 0 ORDNANCES FOR 2ND READNG (mm/dd/yyyy) D YES rgj NO City Manager ' SSUE: Should the City Council approve the requested encumbrance for 2012 legal services in a not to exceed budget amount of $174,000? PROR ACTON: City Council approved funding for City Attorney legal services in the 2012 budget in the amount of $174,000. FNANCAL MPACT: Funding in the amount of$174,000 is budgeted in account On October 24, 2011, City Council established a purchasing policy requiring City Council approval for all purchases above $35,000. BACKGROUND: The request to encumber funds to various vendors is for City Attorney legal services and any employment law related legal bills for Dean Heizer. City Attorney Gerald Dahl bills the City based on the legal services provided on a monthly basis. The City uses Dean Heizer for certain personnel issues that require employment law expertise. Any remaining funding at year end V:\Forms\CAFtemplate

17 Council Action Form January 23, 2012 Page2 goes back to the General Fund. The request for "Various Vendors" allows staff to encumber the total $174,000 and pay invoices to both Dahl and Heizer for legal services. RECOMMENDATONS: Staff recommends approval of the requested encumbrance. RECOMMENDED MOTON: " move to encumber funds for 2012 City Attorney legal services in an amount not to exceed $174,000 to Various Vendors." Or, " move to deny the motion to encumber funds for 2012 City Attorney legal services to Various Vendors for the following reason(s) " REPORT PREPARED/REVEWD BY; Heather Geyer, Director of Administrative Services/PO

18 ... ~ '~... _ ~ - City of J?"WheatR.i_dge TEM NO: S.:_ DATE: January 23,2012 REQUEST FOR CTY COUNCL ACTON TTLE: MOTON TO APPROVE PAYMENT OF THE ANNUAL SALES TAX NCREMENT FOR THE WHEAT RDGE CYCLERY PROJECT N THE AMOUNT OF $47, TO RENEWAL WHEAT RDGE 0 PUBLC HEARNG i:8j BDS/MOTONS 0 RESOLUTONS QUAS-JUDCAL: D ORDNANCES FOR 1ST READNG 0 ORDNANCES FOR 2ND READNG D YES i:8j NO City Manager ' SSUE: The Wheat Ridge Cyclery mprovements Agreement allows for the utilization of Tax ncrement Financing (TF) to share back a certain portion of sales tax increment with Renewal Wheat Ridge (RWR) to pay Wheat Ridge Cyclery for certain improvements made to the store. The total sales tax share back for 2011 is $4 7, PROR ACTON: None FNANCAL MPACT: The 2011 budget includes the necessary appropriation in the Economic Development Division budget for this expense. BACKGROUND: RWR and Wheat Ridge Cyclery entered into an mprovements Agreement on March 20,2007 for improvements to the Cyclery property located at 7085 W h Avenue. t was the RWR's desire to assist the Cyclery in making a number of improvements to the property, which would improve the public appearance ofthe property, remedy its deterioration, maintain a positive business environment in the neighborhood, and serve as an anchor to attract other desirable businesses to the neighborhood.

19 Sales Tax ncrement Payment January 23, 2012 Page2 As an inducement to the Cyclery to complete certain improvements, RWR agreed to reimburse to the Cyclery those costs associated with these improvements by implementing tax increment financing. Under the Agreement, the Cyclery will be receiving 100% of both the property tax and sales tax incremental revenue generated by the expansion of the business. The Agreement establishes RWR maximum obligation for reimbursement at $264,180, or 10 years of sales and property tax increment, whichever occurs first. The maximum obligation is equal to the estimated costs of the eligible improvements. The total sales tax increment generated by the Wheat Ridge Cyclery project in 2011 was $47, These funds are due to RWR who will in tum make payment to Wheat Ridge Cyclery. The remaining balance due on this Agreement after this payment will be $101,096. RECOMMENDATONS: Staff recommends payment of the sales tax increment to RWR. RECOMMENDED MOTON: " move to approve payment of the annual sales tax increment from the Wheat Ridge Cyclery project in the amount of$47, to Renewal Wheat Ridge." Or, " move to deny payment of the annual sales tax increment for the Wheat Ridge Cyclery project for the following reason(s): " REPORT PREPARED/REVEWED BY: Patrick Goff, City Manager ATTACHMENTS; 1. Wheat Ridge Cyclery mprovements Agreement

20 WHEAT RDGE URBAN RENEWAL AUTHORTY RESOLUTON NO. _t2l -07 Series of2007 A RESOLUTON OF THE WHEAT RDGE URBAN RENEWAL AUTHORTY APPROVlNG THE MPROVEMENTS AGREEMENT WTH WHEAT RDGE CYCLERY WHEREAS, the 38'h A venue Corridor Redevelopment Plan provides for the redevelopment project consisting of the expansion of Wheat Ridge Cyclery at Avenue and High Court; and WHEREAS, representatives of Wheat Ridge Cyclery and the staff of the Authority have negotiated an improvement agreement. THEREFORE BE T RESOLVED by the Wheat Ridge Urban Renewal Authority that: Section. The mprovements Agreement between the Authority and Wheat Ridge Cyclery attached hereto as Attachment 1 is hereby approved. DONE AND RESOLVED this zoth day of t!'bvvk i i. Secretary APPROVED AS TO FORM: C 2@~URA Attorney ' Attachment 1

21 ,. WHEAT RDGE URBAN RENEWAL AUTHORTY UMPROVEMENTSAGREEMENT THS AGREEMENT is made and entered into this 2{~ day of ~c~, 2007, by and between the Wheat Ridge Urban Renewal Authority ("WRURA"), and the Wheat Ridge Cyclery, with a business address of 7085 West 38th Avenue, Wheat Ridge, CO (the "Cyclery") (collectively referred to herein as the "Parties"). WHEREAS, WRURA is authorized under the provisions of Colorado's Urban Renewal Law, C.R.S , et seq., to enter into agreements and provide financial incentives for the redevelopment of property to eliminate blight; WHEREAS, such redevelopment may be made and encouraged by granting financial assistance to persons who reside within WRURA boundaries, to businesses within the WRURA boundaries, and to owners of property within WRURA boundaries; WHEREAS, the Cyclery owns a business located at 7085 West 38 1 h Avenue, Wheat Ridge, CO 80033, the legal description of which is attached hereto as Exhibit A (the "Property"), which is within the WRURA boundaries, and which provides an important economic base for the City of Wheat Ridge (the "City"); WHEREAS, WRURA desires to assist the Cyclery in making a number of improvements to the Property, which shall improve the public appearance of the Property, remedy its deterioration, maintain a positive business environment in the neighborhood, and serve as an anchor to attract other desirable businesses to the neighborhood; WHEREAS, the Cyclery desires to expend additional funds as part of the redevelopment of the Property that will assist in remedying blight and preventing future blight in the area, and WRURA desires to assist in providing this additional funding directed towards blight prevention and elimination; and WHEREAS, WRURA desires to reimburse the Cyclery for its expenditures by paying to the Cyclery the sales and property tax increments WRURA receives from the Property, pursuant to the terms set forth in this Agreement. NOW, THEREFORE, in order to promote redevelopment and eliminate blight within the WRURA boundaries, and in consideration of the promises herein contained, the Parties hereby agree as follows: 1. Defmitions. a. "Property Tax ncrement" means the amount of property taxes paid to the County for the Property and then paid to WRURA by the County over and above the base amount of property tax last certified to the County for the Property prior to WRURA's implementation of property tax increment financing for the Property /07 lsrv-ci-eng-002\users$\awhite\all Files\ URA \38th Avenue\ WRCyclery\mprovementAgreement _ Cyclery-4,doc

22 b. "Sales Tax ncrement 11 means the amowlt of sales tax generated by the Cyclery and collected by the City over and above the base amount of sales tax generated by the Cyclery on the Property and collected by the City in the year immediately preceding WRURA's implementation of sales tax increment financing for the Property. 2. mprovements. a. Attached to this Agreement as Exhibit B is a list of the Cyclery' s plan for certain public improvements to the Property, which are referred to collectively as the 11 Eligible mprovements. 11 The Eligible mprovements shall be constructed in compliance with approved construction plans by a licensed contractor qualified to perform the work. l i b. The Cyclery agrees to complete the Eligible mprovements on or before October 1, Completion of the Eligible mprovements shall be deemed to have occurred upon final acceptance of the Eligible mprovements by the City. The Eligible mprovements shall be completed by October 1, 2007 regardless of cost increases or other unforeseen circumstances. 3. Sales and Property Tax ncrement Rebates. a. Sales Tax ncrement. As an inducement to the Cyclery to complete the Eligible mprovements, WRURA agrees to set aside and thereafter rebate to the Cyclery, on the percentage basis identified herein, the Sales Tax ncrement generated by the Cyclery to a maximum aggregate amount set forth in Section 4 of this Agreement. Such rebate shall be subject to the following: i. Commencing upon completion of the Eligible mprovements, WRURA shall rebate to the Cyclery one hundred percent (100%) of all Sales Tax ncrement generated by the Cyclery and received by WRURA. The rebates shall be made annually on January 31st of each year, and shall be for the preceding year. ii. f, in any year, no Sales Tax ncrement is generated by the Cyclery and received by WRURA, no rebate shall be due to the Cyclery for that year The Sales Tax ncrement rebate payable to the Cyclery shall be prorated for the initial year such rebate is due based upon the date the Cyclery completes the Eligible mprovements. b. Property Tax ncrement. As an inducement to the Cyclery to complete the Eligible mprovements, WRURA agrees to set aside and thereafter rebate to the Cyclery, on the percentage basis identified herein, the Property Tax ncrement generated by the Property to a maximum aggregate amount set forth in Section 4 of this Agreement. Such rebate shall be subject to the following: i i! l ; i i. Commencing on completion of the Eligible mprovements, WRURA shall rebate to the Cyclery one hundred percent (100%) of all Property Tax ncrement generated by the Property and received by WRURA. The rebates 2 03/16107 \\srv-ci-eng-002\users$\awhite\all Files\URA \38th Avenue\ WRCyclery\mprovementAgreement _ Cyclery-4.doc

23 shall be payable within thirty (30) days of receipt of the Property Tax ncrement by WRURA from the County. ii. f, in any year, no Property Tax ncrement is generated by the Property and received by WRURA, no rebate shall be due to the Cyclery for that year The Property Tax ncrement rebate payable to the Cyclery shall be prorated for the initial year such rebate is due based upon the date the Cyclery completes the Eligible mprovements. 4. Maximum Rebate. n no event shall the total amount rebated by WRURA to the Cyclery exceed the total estimated costs of the Eligible mprovements, which is Two Hundred Sixty Four Thousand One Hundred Eighty dollars ($264,180.00) (the "Estimated Costs"). Notwithstanding the foregoing, if the total actual costs of the Eligible mprovements are less than the Estimated Costs, said maximum amount shall not exceed the actual costs of the Eligible mprovements. The actual costs of the Eligible mprovements shall be evidenced by invoices and receipts satisfactory to WRURA in form and substance. 5. Term. The term of this Agreement shall be ten (10) years from the completion of the Eligible mprovements. Upon receipt of the maximum rebate amount by the Cyclery in accordance with this Agreement, WRURA's obligation to rebate Sales Tax and Property ncrements to the Cyclery shall terminate. Upon expiration of the term of this Agreement, the parties' obligations hereunder shall terminate, whether or not the maximum amount of Sales and Property Tax ncrement rebate has been reached. l t! i!. i i! f!' i j 6. nspection. The Cyclery agrees to permit officials or representatives from WRURA to inspect the Property at any reasonable time to determine whether the specified improvements have been commenced or completed, and to determine whether such improvements meet the requirements set forth in this Agreement. 7. Compliance with law. n carrying out its obligations under this Agreement, the Cyclery agrees to comply with all applicable laws, including City ordinances and building codes. 8. Limitation of Liability. N NO EVENT WLL WRURA BE LABLE FOR ANY CONSEQUENTAL, NDRECT, EXEMPLARY, SPECAL OR NCDENTAL DAMAGES, NCLUDNG ANY LOST PROFTS, ARSNG FROM OR RELATNG TO THS AGREEMENT. WRURA'S TOTAL CUMULATVE LABLTY N CONNECTON WTH THS AGREEMENT WHETHER N CONTRACT OR TORT OR OTHERWSE, SHALL NOT EXCEED THE AMOUNT AGREED TO BE PAD TO THE CYCLERY HEREUNDER. BOTH PARTES ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATON OF RSK SET FORTH N THS AGREEMENT AND THAT NETHER PARTY WOULD ENTER NTO THS AGREEMENT WTHOUT THESE LMTATONS ON THER LABLTY. 3 03/1 6/07 \\srv-ci-eng-002\users$\awhite\all Files\ URA \38th Avenue\ WRCyclery\mprovementAgreement _ Cyclery-4.doc

24 9. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the District Court of Jefferson County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the WRURA shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. ntegration. This Agreement and any attached exhibits constitute the entire Agreement between the Cyclery and WRURA, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. None of the professionals, contractors, or subcontractors hired by the Cyclery shall be intended third-party beneficiaries ofthis Agreement. e. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed to: WURA: Alan White, Executive Director Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, CO With a copy to: Cyclery: Corey Hoffmann Hayes, Phillips, Hoffmann & Carberry, PC Suite 450, The Market Center th Street Denver, CO \< o,jal-a A= ~ OArL 7085 West 38th Avenue Wheat Ridge, CO f. Severability. f any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. 4 03/16107 lsrv-ci-eng -002 \users$ \awhile \All Files URA \38th Avenue WR Cyclery \JmprovementAgreement _ Cyclery-4.doc

25 h. Assignment. Neither this Agreement nor any of the rights or obligations of the Cyclery shall be assigned by the Cyclery without the written consent ofwrura. i. Governmental mmunity. WRURA, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental mmunity Act, C.R.S , et seq., as amended, or otherwise available to WRURA and its officers or employees. j. Rights and Remedies. The rights and remedies of WRURA under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit WRURA's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. N WTNESS WHEREOF, the Parties hereto have executed this Agreement on the date first set forth above. WHEAT RDGE URBAN RENEWAL AU~TY By: ~ ~~ By: STATE OF COLORADO COUNTY OF J"efCe(""..s.or- ) ) ss. ) The foregoing instrument was subscribed, sworn to and acknowledged before me this d.i s -; day of (ba.cc h, 2007, byl?ono..ld \- f<\e_fe.(, as Vk~ f'fe.s. of the Wheat Ridge Cyclery. (SEAL) My commission expires: Notary Public ' 5 03/16107 \ lsrv-ci-eng-002\users$\awhite\all Files\URA \38th Avenue\ WRCyclery\mprovementAgreement _ Cyclery-4. doc

26 EXHBT A Commencing at the southeast comer of Section 23, Township 3 South, Range 69 West of the Principal Meridian; thence S89 38'23''W a distance of feet along the south line of said Section; thence N00 l4'()1"w a distance of feet to the southeast comer of Lot 1, Craig Subdivision and the Pofut of Beginning; thence along the southerly and westerly lines of said Lot 1 and the westerly line of said Lot 2, the following 3 courses: l) S89 38'23,W a distance of feet to a point of curvature; 2) along the arc of a curve to the right having a radius of feet through a cen1ral angle.of90 07'36" and having an arc length of23.60 feet, a chord bearing N45 17'49''W and a chord length of feet to a point of tangency; 3) N00014'0l"W a distance of feet to the northwest comer of the south 6 feet of said Lot 2; Thence N89 38'23"E a distance of feet along the north line of the south 6 fee~ of said Lot 2; thence '01 "E a distance of feet along the east line of said Lot 1 and said Lot 2 to the Point of Beginning,! i Containing 27,070 square feet or acres more or less.

27 EXHffiiTB ELGffiLE MPROVEMENTS AND ESTMATED COSTS a. Masonry. The Cyclery shall undertake a project at an estimated cost of Thirty Seven Thousand Twenty dollars ($37,020.00) for masomy work around the Property, which shall meet the specifications set forth in the schedule attached hereto as Exhibit B- 1. b. Utilities. The Cyclery shall undertake a project to upgrade its power system to a 3-phase system and to un~erground the power line across High Court, at an estimated cost of Thirty Thousand Eight Hundred Twenty dollars ($30,820.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-2. c. Roof System. The Cyclery shall undertake to expend approximately One Hundred Fifty Five Thousand Eight Hundred Ten dollars ($155, ) in roof repairs, which shall meet the specifications set forth in the schedule attached hereto as Exhibit B- 3. d. Paving Stone/Hardscape and Landscaping. The Cyclery shall undertake a project to install pave stone or stamped concrete along the new store front on High Court and install planter and landscaping at 38th and High Court at an estimated cost of Fourteen Thousand Eight Hundred Ten dollars ($14,810.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-4. e. Curb and Gutters. The Cyclery shall undertake a project to install 220 lineal feet of curb and gutter along High Court at an estimated cost of Eight Thousand Four Hundred Twenty dollars ($8,420.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-5. f. Demolition. The Cyclery shall undertake a project to demolish certain improvements which are necessary for the elimination of blight and are part of the redevelopment of the Property, at an estimated cost of Four Thousand Eight Hundred dollars ($4,800.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B-6. g. Public Arts Panels. The Cyclery shall undertake a project to install public arts panels at an estimated cost of Twelve Thousand Five Hundred dollars ($12,500.00), which shall meet the specifications set forth in the schedule attached hereto as Exhibit B /16/07 \ \srv-ci-eng-002 \users$\awhite\all Files\ URA \38th Avenue\ WRCyclery\mprovementAgreement _ Cyclery-4.doc

28 EXHBTB-1 MASONRY WORK SPECFCATONS 1. Upgrade 1304 square feet of concrete masonry block, split face and smooth face block with integral coloring. 2. Construct six upgraded stone colmnns at entrance, including upgraded capstones, construct 1, 800 square feet of stone fa9ade, and install three stone landscape pillars with upgraded capstones. 3. nstall new storefront window on existing west exterior wall. Total $37, j l i. i '. i. i ;! l i \srv-ci-eng-002\users$\awhite\all Files\URA \38th Avenue WRCyclery\lmprovementAgreement _ Cyclery-4.doc. i

29 EXHBTB-2 UTLTY WORK SPECFCATONS j i! i 1. Disconnect, relocate and underground overhead electric lines; convert to 3-phase. 2. Disconnect and relocate natural gas line. Total $30, i i ~ i! l i \ \srv-ci-eng-002\users$\awhite\all Files\ URA \38th Avenue\ WRCyclery'JmprovementAgreement _ Cyclery-4.doc

30 EXHBTB-3 ROOF SYSTEM SPECFCATONS 1. nstall 7,000 square feet of new upgraded metal roof system with special bow trusses, spray-on insulation and green standing seam metal roofing. Total $155, , 03/16/07 \\srv-ci-eng~002 \use rs$ \awhite \All Files\URA\38th Avenue\WRCycle1yllmprovementAgreement_ Cyclery-4.doc

31 EXHBTB-4 HARDSCAPE AND LANDSCAPE SPECFCATONS L nstall 1,016 square feet of paver stone at front of new entrance. 2. nstall additional landscaping in planter at northwest comer of building. 3. nstall new street tree at southwest comer of building. Total $14, /16/07 \srv-ci-eng-002\users$\awhite\all Files\URA \38th Avenue\ WRCyclery\mprovementAgreement _ Cyclery-4. doc

32 EXHffiiTB-5 CURB AND GUTTER SPECFCATONS 1. Cut and remove asphalt; install1471inear feet of curb and gutter, drain pan, handicapped ramp; patch back and restripe. Total $8, i. l j i - 1 l j! i 03/16107 \srv-ci-eng-002\users$\awhite\all Files\URA \38th Avenue\ WRCyclery\mprovementAgreement _ Cyclery-4.doc

33 EXHffiiTB-6 DEMOLTON WORK SPECFCATONS 1. Demolition of structures and paved areas within urban renewal portion of property. Total $4, /16107 \\srv-ci-eng-002\users$\awhite\all Files\URA\38th Avenue\WRCyclery\mprovementAgreement_ Cyclery-4.doc

34 1 i EXHBTB~7 PUBLC ARTS PANELS SPECFCATONS 1. Fabricate and install art panels on west and south exterior walls, including architectural metal banding at top of parapets on south side ofbuilding. Total $12, i i i! j i i! 1 03/21107 \srv-ci-eng-002 \users$\awhite\all Files\URA \38th Avenue\WRCyclery\mprovementAgreement _ Cyclery-4.doc

35 1 (! EXHBT B-7 PUBLLC ARTS PANELS SPECFCATONS 1. Fabricate and install art panels on west and south exterior walls, including architectural metal banding at top of parapets on south side of building. Total $12, l,.! i i l 03/16/07 \ \srv-ci-eng-002\users$\awhite\all Files\URA \38th Avenue\WR Cyclery\JmprovementAgreement _ Cyclery-4.doc

36 ~ ~ ~.(.... ~ City of :rwheatr;t_dge &. TEM NO: DATE: January 23,2012 REQUEST FOR CTY COUNCL ~ TTLE: MOTON TO RATFY MAYORAL APPONTMENT(S) TO RENEWAL WHEAT RDGE 0 PUBLC HEARNG [gj BDS/MOTONS 0 RESOLUTONS D ORDNANCES FOR 1ST READNG 0 ORDNANCES FOR 2N READNG QUAS-JUDCAL: D YES [gj NO Clerk SSUE: The members of Renewal Wheat Ridge (RWR) are appointed by the Mayor and ratified by City Council. Janet Leo currently serves on the Board representing District V, term expired November, Janet has requested reappointment to his position on the RWR Board. The Mayor also appoints an elected official as per the RWR by-laws. Council Member Kristi Davis and City Treasurer Larry Schulz submitted applications for this appointment. PROR ACTON: None FNANCAL MPACT: None BACKGROUND: Members of the R WR Board are appointed by the Mayor and ratified by City Council.

37 Council Action Form January 23, 2012 Page2 RECOMMENDATONS: Mayor DiTullio is recommending that Janet Leo be reappointed to the Renewal Wheat Ridge Board, representing District V. Mayor DiTullio also recommends that Council Member Kristi Davis be appointed to the Renewal Wheat Ridge Board, as the elected official representative. RECOMMENDED MOTON: " move to ratify the District V Mayoral appointment of Janet Leo to the Renewal Wheat Ridge Board, term to expire November, 2016." " move to ratify the Elected Official Mayoral appointment of Council Member Kristi Davis to the Renewal Wheat Ridge Board, term to expire November, 2016." Or " move to deny the appointment of Janet Leo to the Renewal Wheat Ridge Board for the following reason(s) " " move to deny the appointment of Kristi Davis to the Renewal Wheat Ridge Board for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Application(s)

38 Board and Commission Application APPLCATON FOR APPONTMENT TO THE: 7J~~ ~ ~~~--e JJ/u :J- P. -~- (B~siOiliCOlDDlitt~) ~ DATE: 1/ d 2- DSTRCT: f~ HOW LONG HAVE YOU BEEN A RESDENT OF WHEAT RDGE:~... ARE YOU A REGSTERED VOTER? tjet;) WHY ARE YOU SEEKNG THS APPO~NT? ~~ A?uuJ2 ()-r.-. ; ~ a.. ~~,J&rv~ (juu<j ~ kr-0-:? DO~~~~~- ~ ~ - ttn ~ * ck ~ Lrn~~ lf&,1~~ HA VE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMSSON/COMMTTEE AND F SO, WHCH ONE? HOW LONG? ARE THERE ANY CONFLC'S WinCH WOULD NTERFERE WTH REGULAR ATTENDENCE OR DUTES? C:J?~~(.'? SGNATURE d :sc he. &._o PRNT NAME s.f/i tj E-r 6f, {_ Go ADDRESS 9t-';s (,.), {//:;,- /9vE ~PHONE 3-f;3- <fz '),- }<;<jo BUSUffiSSPHONE E-MAL ADDREss -J rh L u 6!--/l a ;n ~/s -r; ;U c. -r APPLCATON WLL BE KEPT ON FLE FOR ONE YEAR City Clerk's Office, 7500 W. 29th Ave., Wheat Ridge CO Attachment 1

39 Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMSSON APPLCATON FOR APPONTMENT TO THE: Wheat Ridge Urban Renew Authority (BOARD/COMMSSON/COMMTTEE) DATE: -!.!1/...: :.:./=-=20~1-=-0- DSTRCT.:.:.. HOW LONG HAVE YOU BEEN A RESDENT OF WHEAT RDGE: 38 years ARE YOU A REGSTERED VOTER?_..;;...Ye.;:;...,;:s"'"----- WHY ARE YOU SEEKNG THS APPONTMENT? As a new member of the Wheat Ridge City Council would like to be more involved. am very interested in the growth of business in our city and creating areas that promote business and welcome community DO YOU HAVE EXPERENCE N THS AREA? work a great deal with contracts so that will be helpful for the committee but no direct experience. am also very familiar with our neighboring cities and some of their successes. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMSSON/COMMTTEE AND F SO, WHCH ONE? HOW LONG? NO ARE THERE ANY CONFLCTS WHCH WOULD NTERFERE WTH REGULAR ATTENDANCE OR DUTES? Not _r/ to my knowledge / ~ PLEASE PRNT OR TYPE NAME: SGNATURE ~~"'- - 4,A:.J _.- r- - - ~ 1-,... z:::::- KrisY.'oavis. MBA. MSHA ADDRESS: 7975 W. 39th Ave, Wheat Ridge CO HOME PHONE: BUSNESS PHONE: 3~0:...::::3;..:.;::.8~3..:...:7...::...77=--4:...=:;3 E-MALADDRESS:~~~k~d~a~~=s~c~i.w~h~e~a~tr~id~ge~ ~co~ =us~~~~~~~~~~-

40 Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMSSON APPLCATON FOR APPONTMENT TO THE: Renewal Wheat Ridge/Wheat Ridge Urban Renewal Authority (BOARD/COMMSSON/COMMTTEE) DATE:...:0::...:1~/1.:...:.7..!.:/2=0:...:.1=2- DSTRCT_:...:.V HOW LONG HAVE YOU BEEN A RESDENT OF WHEAT RDGE: 11and 1/3 years ARE YOU A REGSTERED VOTER?_-'-Ye=s, WHY ARE YOU SEEKNG THS APPONTMENT? am applying to continue on the Authority as Representative At-Large. have served on this Authority since becoming City Treasurer. am familiar with the projects now being developed and would like to continue in moving forward with further development in Wheat Ridge. believe my experience is an important qualification to continue in the position. DO YOU HAVE EXPERENCE N THS AREA? Yes. have served as Representative At Large on the Authority since HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMSSON/COMMTTEE AND F SO, WHCH ONE? HOW LONG? See preceding statements ARE THERE ANY CONFLCTS WHCH WOULD NTERFERE WTH REGULAR ATTENDANCE OR DUTES?,_N=o:.:..:n=e :::::===:::::---- PLEASE PRNT OR TYPE NAME: ;L=a=r=...~.rv--=S=c:.:..:.h=ul=z ADDRESS: ~46=7~5~S=w~a=d=le~y...:S=t~ffi=e~t HOME PHONE: ;3=0::..:::3;._-4.:...!.7=5--==-3=5=32= BUSNESS PHONE: 3=0=3:...:-2=3=5-=-2=8...:...10:::;... E-MAL ADDRESS: larrv.schulz@comcast.net.and lschulz@ci.wheatridge.co.us APPLCATON WLL BE KEPT ON FLE FOR ONE YEAR

41 ~.~....,. City of JP"WheatRi_dge TEM NO:~ DATE: January 23, 2012 TTLE: MOTON TO APPROVE THE PROPOSED CHANGES TO COUNCL RULES OF ORDER AND PROCEDURE 0 PUBLC HEARNG 1:8:] BDS/MOTONS D RESOLUTONS QUAS-JUDCAL: D ORDNANCES FOR 1ST READNG 0 ORDNANCES FOR 2 ND READNG D YES 1:8:] NO Clerk SSUE: According to the current Rules of Order and Procedure, changes to City Council Rules are to be reviewed by Council at a City Council Meeting prior to voting on said changes. Consideration for approval of the proposed changes to Council Rules was held at the City Council Meeting of January 9, 201 2, with the vote on said changes scheduled for the January 23, 2012 regular City Council meeting. PROR ACTON: The proposed changes were presented to Council at the January 9, meeting. Council requested the proposed changes be considered at the January 23, 2012 City Council Meeting. FNANCAL MPACT: None BACKGROUND: Council requested the proposed changes be considered at the January 23, 2012 City Council Meeting as outlined in Attachment 1.

42 Council Action Form January 23, 2012 Page 2 RECOMMENDATONS: Adopt the amended City Council Rules of Order and Procedure as amended. RECOMMENDED MOTON: " move to adopt the amended CTY COUNCL RULES OF ORDER AND PROCEDURE, dating the revisions January 23, 2012." Or " move to deny the adoption of the amended CTY COUNCL RULES OF ORDER AND PROCEDURE for the following reason(s) " REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council ATTACHMENTS: 1. Council Rules with proposed changes in RED 2. City Council Minutes of January 9, 2012

43 :!? ~ ' ~ ~ ityof. WheatRi_dge RULES OF ORDER AND PROCEDURE CTY COUNCL W. HEAT. RDGE,.. COLORADO Attachment 1

44 TABLE OF CONTENTS AUTHORTY GENERAL RULES ABSENCE FROM MEETNGS RGHT OF FLOOR... 3 ELECTED OFFCALS' MATTERS CTY ATTORNEY CTY CLERK PARLAMENTARAN TYPES OF MEETNGS BUSNESS MEETNGS... 4 ADJOURNED MEETNGS EXECUTVE SESSONS NFORMAL MEETNGS ATTENDANCE AT MEETNGS OF OTHER ORGANZATONS AND SOCAL GATHERNGS CHARMAN, MAYOR PROTEM AND THER DUTES CHARMAN MAYOR PROTEM PRESERVATON OF ORDER PONT OF ORDER ORDER OF BUSNESS AND THE AGENDA ORDER OF BUSNESS AGENDA AGENDA TEMS PUBLC HEAR NGS ORDNANCES ON FRST READNG TME OF ADJOURNMENT ORDNANCES, RESOLUTONS, AND MOTONS RECONDDERATON CTY ATTORNEY TO APPROVE CTZENS' RGHTS CTZENS' RGHT TO SPEAK CTZENS' RGHT TO SPEAK ON AGENDA TEMS WRTTEN COMMUNCATONS SUSPENSON AND AMENDMENT OF THESE RULES SUSPENSON OF RULES AMENDMENT OF RULES REVEW APPROPRATONS

45 RULES OF ORDER AND PROCEDURE FOR THE CTY COUNCL OF THE CTY OF WHEAT RDGE COLORADO AUTHORTY: The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such time as they are amended or new rules adopted in the manner provided by these rules. A. ABSENCE FROM MEETNGS: GENERAL RULES n the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City Clerk will duly notify the City Council at the beginning of the meeting why said Council Member is absent. B. RGHT OF THE FLOOR: 1. The presiding officer must first recognize each Council Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question. 2. Speakers shall confine themselves to the question under discussion. All discussion must be germane to the agenda item. 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. 4. Each Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item. Answers to questions will be included in the time and the time will not be cumulative. Before a vote, each Council Member shall have an additional three (3) minute period to make a summation. 5. No Council Member shall be allowed to speak more than once upon any one agenda item until every other member choosing to speak thereon shall have spoken. 6. Once a vote has been taken, there shall be no further discussion on that motion or Agenda tem unless a motion to reconsider is adopted. 7. n the event of an amendment, the maker of the amendment shall have one (1) three (3) minute period to make the amendment and speak to the amendment. All other members of Council shall have one (1) two (2) minute period to speak to the amendment. 3

46 C. ELECTED OFFCALS' MATERS: This is the time that elected officials and staff may make comments on any subject. Time limit per elected official and staff will be five (5) minutes. D. CTY ATORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either written or oral, on the question of law. E. CTY CLERK: The City Clerk, or designated representative, shall attend all meetings of Council and shall keep the official minutes. F. PARLAMENTARAN: 1. The Mayor ProTem shall also function as the Council Parliamentarian. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. TYPES OF MEETNGS A. BUSNESS MEETNGS: 1. The Council meets in the Municipal Building for Business, Study, Adjourned, and Special Meetings, unless otherwise specified. 2. Council Business Meetings are held the second (2nd) and fourth ( 4th7 Honday) Monday of each month at 7:00 PM unless otherwise specified. 3. Study Sessions are the first (1st) and third (3rd) Monday of each month at 6:30p.m., unless otherwise specified. 4. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study Sessions are non-binding, and unless the issue is disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session. a) Public Testimony will not be allowed at Study Sessions unless waived by City Council. 4

47 B. ADJOURNED MEETNGS: Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business Meeting. C. EXECUTVE SESSONS: 1. The Council may meet in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter- Sec 5. 7). 2. No notes may be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. f at any time during the session, a Council Member feels that a matter is being discussed other than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. D. NFORMAL MEETNGS: 1. Five (5) or more members of Council may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topic of the meeting, its location, time, and date. The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk, at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the Meeting. 2. Any THREE or FOUR Council Members may attend informal meetings held for the purpose of acquiring information and discussing topics. SUCH MEETNGS MUST BE OPEN TO THE PUBLC, BUT NO NOTCE S REQURED UNLESS FORMAL ACTONS WLL BE TAKEN. 3. Meetings involving no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule. 5

48 4. n no event, shall any vote or other action or decision be taken. This Rule (D) (4) shall not apply to standing Council Committees. 5. All Meetings shall be open to members of the public and the press. E. ATENDANCE AT MEETNGS OF OTHER ORGANZATONS AND SOCAL GATHERNGS : 1. The purpose for this rule is to permit the City to be represented by its elected officials at meetings of other groups or organizations, including, without limitations, intergovernmental organizations, neighborhood organizations, business and service organizations, and other organizations or groups with whom the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that any such meeting, if attended by three or more members of the Council, is open to the public, pursuant to Section , et seq., C.R.S. 3. Social gatherings, at which the discussion of public business is not the central purpose, shall not be subject to any of the requirements of Rule.E F. CHARMAN, MAYOR PROTEM AND THER DUTES A. CHARMAN : 1. The Mayor shall preside over the meetings of the Council. 2. n the absence of the Mayor, the Mayor ProTem shall preside. B. MAYOR PROTEM 1. At the first or second business meeting in November of each year, the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: The presiding officer will announce that the floor is open for nominations for the position of Mayor Pro Tern. Nominations will be taken from City Council members by voice. No second is needed. 6

49 Each nominee will have the opportunity to address the CounciL The order of address and length of time may be determined in advance by the Council. Each Council member will mark the paper ballot (provided by the City Clerk in their agenda packet) with the name of the nominee they wish to vote for and fold the paper in half to ensure secrecy. The City Clerk will collect the ballots. tally the results, and return the written name of the majority vote receiver to the presiding officer, who will announce the highest vote getter. n the event of a tie, the Mayor will cast a paper ballot. to be delivered to the City Clerk for inclusion into the election tally. A motion and second is then in order to elect, by acclamation, the highest vote getter to the position of Mayor Pro Tern. The Council is encouraged to confirm the nomination unanimously; however, Council Members are not required to vote for this person. f the motion is not carried. additional motions are in order until a Mayor ProTem is elected by a majority of Council..Jbg _q_o_u_n_cil _i~ _Cfl9()l:J~Cl9_C_d_ t:_o_ 12q_~f!_F 1'}_ ~~~ 191J!i~Qt:_i()~ _ ~ _,-:;- Formatted: Font: (Default) Arial, 12 pt U naniffious'(., Formatted: Space After: 12 pt, Bulleted + Level: 1 + Aligned at: 0.75" + ndent at: 1" 2. f presiding, the Mayor Pro Tern shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tern's duties shall include reviewing and setting the Agenda on Wednesday prior to Council Meetings and determination of emergency items at Council Meetings. The Mayor Pro Tern shall have the authority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council Members. 4. The Mayor Pro Tern shall arrange for, and coordinate the orientation of all newly elected officials within two months after the election. C. PRESERVATON OF ORDER: The Chairman shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting meetings in an orderly manner, assure that the minoritymajority opinion may be expressed and that the majority be allowed to rule. D. PONT OF ORDER: 7

50 The Chairman shall determine all Points of Order, subject to the rights of any Council Member to appeal to the Council. A. ORDER OF BUSNESS ORDER OF BUSNESS AND THE AGENDA The general rule as to the Order of Business in regular Council Business Meetings is stated thus: CALL TO ORDER PLEDGE OF ALLEGANCE ROLL CALL APPROVAL OF MNUTES PROCLAMATONS AND CEREMONES CTZENS RGHT TO SPEAK APPROVAL OF AGENDA CONSENT AGENDA PUBLC HEARNGS, ORDNANCES ON SECOND READNG, FNAL STE PLANS ORDNANCES ON FRST READNG DECSONS, RESOLUTONS AND MOTONS COMMTTEE REPORTS CTY MANAGER'S MATTERS CTY ATTORNEY'S MATTERS ELECTED OFFCALS' MATTERS EXECUTVE SESSON (AS NEEDED) ADJOURNMENT B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda". 3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00 p.m. on the THURSDAY prior 8

51 to the Monday of Council Meetings. n the event of a holiday, the material shall be distributed not later than noon on the FRDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda tems by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 p.m. on that day in order to be included in the Council packet. 5. ORDNANCES TO BE 'NRTTEN BY THE CTY ATTOR~JEY, OR STAFF, SHALL BE APPROVED BY A ~4AJORTY VOTE OF COU~JCL HH4BERS PRESENT, BEFORE T CAN BE NCLUDED N THE AGENDA. A majority of Counci l Members present is required to direct the City Attorney or staff t o draft an ordinance to be included on the agenda. 6. f a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 7. A majority vote of City Council Members present may also add or delete an item from the agenda at the beginning of the Council Meeting. n Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option of introducing Agenda tems at a Council Meetings shall go to a representative of the Council District to which the Agenda tem pertains. Council Agenda items not specific to a Council District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 9. Fiscal Notes. Prior to any item being placed on the agenda, the City Manager shall prepare a brief explanatory note that shall include a reliable estimate of the anticipated change in the expenditures or revenues to the City and whether such expenditures or revenues shall be recurring in nature during future budgets years. This shall include any principal and interest payments requ ired to f inance expenditures. The note shall be known as a "fiscal note". C. AGENDA TEMS Council Members or the Mayor may originate an agenda item with the approval of one other Council Member. Each Council Member and the 9

52 Mayor shall be allowed to originate only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 1. Standing Council committees may place items on Council Agendas for further action or discussion. 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so it may be repeated, and included in the minutes. 3. Du ring a City Council Business Meeting, under the Eelected Oefficial's, CEity Mmanager's or CEity Aattorney's matters portion of the agenda, or at a Study Session Q_either by Council Member.._s er_-btythe City Manager.._ or the City Attorney may request that an item be, these items can be scheduledadded to a future Agenda for consideration. requested for scheduling under the elected officials portion of the agenda. 4. The City HanagerManager may add administrative and operational items to the agenda prior to or at the beginning of any meeting. D. PUBLC HEARNGS All speakers must sign up on the appropriate roster, indicating whether they intend to speak in favor of, or in opposition to.._ a particular Agenda tem. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself shall be proper at any time. E. ORDNANCES ON FRST READNG t is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. Therefore, public comment and staff presentations will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and Procedure. F. TME OF ADJOURNMENT 10

53 At 11 :00 P.M., the City Council shall complete action on the Agenda tem then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council may take any or all of the following actions: 1. Acting by % majority vote, complete all or portions of the remaining Agenda. 2. Acting by a majority vote, schedule any unfinished items for future regula r Council Business Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. A. RECONSDERATON { Formatted: Centered.Q~!>_!'_~~~~ L -~;_~Q ~YH9_~~'- ~~-~ ~-QHQ~$ _ - - -{ Formatted: Font: Bold ~ _J 1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled Council Business Meeting. A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration. 3-:- ff_lf not reconsidered at that t ime, the issue cannot be placed ow --- Formatted: ndent: Left: 0.75", No bullets or any agenda for six (6) months. 4-.l, A motion to reconsider shall require an affirmative vote of a majority of the entire Council. -5-:-~A COUNCL MEMBER WHO HAS BEEN ABSENT FROM A PROR MEETNG MAY VOTE ON A RECONSDERATON PROVDED SUCH COUNCL MEMBER HAS LSTENED TO THE TAPE OF THAT AGENDA TEM N THE CTY CLERK'S OFFCE PROR TO THE MOTON FOR RECONSDERATON. '--n_um_ b_e_rin..::.. g J B. CTY ATTORNEY TO APPROVE : All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney. A. CTZENS' RGHT TO SPEAK : CTZENS' RGHTS 1. Any person may speak for a maximum of three (3) minutes on any item other than Agenda items. 11