Document Contents:Text of Citizen Initiated Charter Amendment
Golden City Clerk's Certification of Petition
Golden Mayor Jan Schenck Reacts to Petition's Success
We the undersigned registered voters of the City of Golden, do hereby respectfully order and demand that the following proposed Charter Amendment be submitted to the legal voters of the City of Golden for their adoption or rejection at the General Election to be held Nov. 2, 1999.
INCENTIVES FOR DEVELOPMENT
SECTION 17.1. RESTRICTIONS
The City shall not have the power or authority to grant incentives for development in connection with the establishment, expansion, or replacement of a business or any commercial, industrial, or residential improvement including:
(a) payments or rebates based on tax collected; tax collected;
(b) tax waivers, credits, or refunds;
(c) deferments or waivers of development fees including, but not limited to, water tap fees, sewer tap fees, building permit fees, or land dedications or fees in lieu thereof;
(d) other incentive payments, except as provided in Section 17.2.
SECTION 17.2 EXCEPTIONS
Exceptions to the restrictions in Section 17.1 may be made with approval of specific agreements by the voters at any general election or special election scheduled at the discretion of the city council. The ballot utilized in any such election shall include an estimate of the dollar value to the recipient of the aforesaid incentives proposed to be granted.
The Signers of this petition and each of them, hereby designate the following persons to represent them in all matters affecting this petition:
1. Robert A. Nelson, 608 Wyoming St., Golden, CO 80403
2. William A. Simpson, 815 9th St., Golden, CO 80401
3. John D. Kibler, 305 Ford St. Golden, CO 80403
4. Laura McCall, 2127 Vernon Dr., Golden, CO 80401
5. Marian L. Olson, 203 Iowa Dr., Golden, CO 80401
[523 signatures were necessary for the petition to be put on the ballot; members of the Committee to Preserve Golden collected over 1,200.--Ed.]
City of Golden
TO: The Honorable Mayor and City Council
FROM: Susan M. Brooks, City Clerk
SUBJECT: Certification of Proposed Charter Amendment Petition
State statute requires that I certify the validity and sufficiency of the Charter amendment petition to you. Attached is a copy of the certificate and the proposed amendment. No action is required.
If you have any questions please let me know.
STATE OF COLORADO
COUNTY OF JEFFERSON
CITY OF GOLDEN
I, Susan M. Brooks, duly appointed and authorized City of Golden, Colorado do hereby certify that a petition received from the Petitioners's Committee composed of: Robert A. Nelson, William A. Simpson, John D. Kibler, Laura McCall and Marian Olson, on Monday, August 2, 1999, ordering and demanding that a Charter Amendment be submitted to the registered voters of the city of Golden for their adoption or rejection at the General Election to be held November 2, 1999, has been determined to contain the number of signatures constituting at least 5% of the registered electors of the City of Golden on the date of filing the statement of intent. The petition is sufficient in accordance with applicable law.
Susan M. Brooks, CMC/AAE
August 4, 1999
[For Mayor Schenck's earlier position on amending the City Charter, click here. --Ed.]
City of Golden
TO: Fellow City Councilors
FROM: Jan C. Schenck, Mayor
SUBJECT: Proposed Charter Amendment Ordinance
I have just read the proposed charter amendment submitted by the petitioners. The wording is substantially different than earlier versions that I have seen.
I am very concerned that this proposed Charter Amendment strangles several important city priorities including: senior housing; affordable housing; open space and an economically healthy downtown.
Because the proposed charter amendment petition was just submitted and determined to be valid and sufficient, council must act quickly to meet election deadlines. I am proposing that we pass the attached ordinance on first reading this Thursday, August 12 and final reading on August 26th.
The alternative amendment speaks for itself and makes it very clear that:1. the City of Golden will be true to its word in agreements already made, thus preventing litigation and unnecessary expense to the citizens.
2. Submit significant incentives to a vote of the people at regular elections in accordance with the provisions of TABOR.
3. We could provide, if necessary, incentives for:Affordable housing
Senior citizen housing
Assisted living centers
Historic District viability
Acquisition of significant open space
Senior citizen sales tax rebates
I look forward to a healthy debate at our meeting as we strive to do the right thing for our city.
ORDINANCE NO. 1467AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLDEN SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY AT THE GENERAL ELECTION ON NOVEMBER 2, 1999, AN AMENDMENT TO THE CITY OF GOLDEN'S HOME RULE CHARTER ENACTING CHAPTER XVII PERTAINING TO RESTRICTIONS OF ECONOMIC INCENTIVES
WHEREAS, the City Clerk has determined as valid and sufficient a petition from a citizens' group to amend the City's Home Rule Charter by enacting Chapter XVII which would restrict the City's ability to offer incentives for any economic development; and
WHEREAS, City Council finds that the citizens' group's petition is so restrictive that it could impair the economic health and financial well being of the City and negatively affect the City's ability to provide some of the public services desired and needed by citizens; and
WHEREAS, City Council finds that the citizens' group petition could adversely affect those citizens in need of affordable housing, seniors in need of assisted living facilities, merchants, businesses, restaurants and hotels located in the downtown area and the continued preservation and viability of the City's historic districts; and
WHEREAS, the charter amendment proposed by City Council would not place such significant restrictions on the citizens, people, businesses, and institutions described in the preceding paragraph; and
WHEREAS, City Council feels that citizens and voters should be active partners with the Council in decisions regarding economic incentives; and
WHEREAS, City Council also recognizes that City Staff must at times be able to respond timely [sic] and efficiently to economic opportunities; and
WHEREAS, in recognition of these factors, the charter amendment proposed by City Council provides for voter approval, with certain exceptions for any tax sharing or fee waiver incentives in excess of $250,000.00; and
WHEREAS, in compliance with Colorado Revised Statutes, 31-2-215, City Council proposes the following as an alternative to the citizens group petition to amend the City's Home Rule Charter.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO, THAT THE FOLLOWING AMENDMENT OF THE CITY OF GOLDEN'S HOME RULE CHARTER BE SUBMITTED TO A VOTE OF THE CITY'S REGISTERED ELECTORS AT THE GENERAL ELECTION ON NOVEMBER 2, 1999:
Section 17.1 Restrictions. The City shall not have the power or authority to grant, after November 2, 1999, new tax sharing or fee waiver incentives in excess of $250,000.00 for development in connection with the establishment of new businesses, or new commercial, industrial, or residential development.
Section 17.2 Exceptions.
(a) City Council has the authority to grant such incentives when it finds that such incentives will directly result in and are necessary for:I. the development of affordable housing;
ii. the development of housing for senior citizens;
iii. the development of senior citizen assisted living centers;
iv. the economic well being and health of Golden's downtown;
v. the continuing preservation and viability of Golden's historic district; or
vi. the acquisition of significant or substantial open space parcels.
(b) City Council has the authority to continue and expand the existing senior citizens sales tax rebate program.
(c) Tax sharing or fee waiver incentive [sic] in excess of $250,000.00 may be made with approval of specific agreements by the voters at any general election. the ballot utilized in any such election shall include the maximum dollar value to the recipient of the aforesaid incentives proposed to be granted.
(d) This prohibition against incentives may be temporarily suspended whenever City Council, by unanimous vote, finds that the unemployment rate for the area exceeds and is expected to remain above 7% and the incentives are needed to provide employment opportunities for Golden citizens.
If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. the city council hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.
All other other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
The repeal or modification of any provision of the Municipal Code of the City of Golden by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.
This ordinance is deemed necessary for the protection of the health, welfare and safety of the community.
INTRODUCED, READ, PASSED AND ORDERED PUBLISHED THE _____ DAY OF __________, 1999.
PASSED AND ADOPTED UPON SECOND READING AND ORDERED PUBLISHED THE _____ DAY OF __________, 1999.
Jan C. Schenck
View Previous City Council Statements on the Charter Amendment