Agenda_2018_11_27_Meeting
M ayor
Suzanne Jones
Council M e mbe rs
Aaron Brockett
Cindy Carlisle
Jill Grano
Lisa Morzel
Mirabai Nagle
Sam Weaver
Bob Yates
Mary Young
Council Chambers
1777 Broadway
Boulder, CO 80302
November 27, 2018
6:00 PM
City M anage r
Jane Brautigam
City Attorne y
Thomas A. Carr
City Cle rk
Lynnette Beck
ST UDY S E S S ION
BOULDE R CIT Y COUNCIL
B oulder P ublic L ibrary Master P lan: Financial Options and Overview of L ibrary Districts
(3 hours)
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City Council Study Session Page 1 of 93
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C I T Y C O U N C I L AGE N D A I T E M C O VE R SHE E T
ME E T I N G D AT E :
Nov ember 27, 2018
AG E N D A T I T L E
Boulder Public Library Master Plan: Financial Options and Overview of Library Districts (3
hours)
P RI MARY STAF F C ON TAC T
David Farnan, Library and Arts Director
RE Q U E ST E D AC T I ON O R MOT I ON L AN GU AG E
Looking for council direction on future ballot initiatives
B RI E F H I STO RY O F I T E M
Several options for future financing are laid out in the 2018 Library Master Plan. T his study
session will lay out more detail to each of those options.
AT TAC H ME N T S:
Description
Memo and Attachments
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STUDY SESSION MEMORANDUM
To: Mayor and Members of Council
From: Jane S. Brautigam, City Manager
Tanya Ange, Deputy City Manager
David Farnan, Library and Arts Director
Kady Doelling, Executive Budget Officer
David Gehr, Chief Deputy City Attorney
Janet Michels, Senior Assistant City Attorney
Jennifer Phares, Deputy Library Director
Kara Skinner, Assistant Director of Finance
Hannah Combs, Senior Budget Analyst
Bob Eichem, Chief Financial Advisor
Date: November 27, 2018
Subject: Boulder Public Library Master Plan Follow Up, Regarding Financing Options for
Long Term Sustainable Library Funding
EXECUTIVE SUMMARY
At the July 24, 2018 city council study session, staff presented an overview of the draft Boulder
Public Library Master Plan including a summary of community input and master plan goals. The
Library Commission’s conclusions and recommendations about the master plan and library funding
were also presented. Council provided direction that staff should move forward with hiring a
consultant to perform a balanced and impartial analysis of all funding needs and options for funding
each service level outlined in the 2018 Boulder Public Library Master Plan. An in-depth financial
analysis of all options was conducted by the George K. Baum & Company (GKB). GKB was
selected via a competitive process in accordance to the city’s procurement policy. This memo
includes a description of the financial analysis and key outcomes.
Council also requested information on governance, process, structure, and asset allocation related to
the formation of a library district. A legal analysis was conducted to determine the governance
issues required under Colorado law for creating and operating a library district. Library districts
have their own section of Colorado law - Colorado Library Law, C.R.S. § 24- 90-101, et seq.
The law firm of Seter and Vander Wall, P.C. provided valuable input regarding the process
required to form and operate an independent library district in Colorado. They also provided
information on governance and how library assets may be handled. This memo also includes an
overview of governance issues following the financial analysis section.
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QUESTIONS FOR COUNCIL’S CONSIDERATION
1. Does council have questions about the financial analysis and scenarios?
2. Which of the increased levels of funding outlined in the master plan does council support
(Maintain service levels, Meet community demand, Service expansion/vision)?
3. Does council want staff to conduct public polling to determine the community’s interest
in increasing library funding and support?
4.If council prefers the library remain a municipal library:
•Do council members wish to pursue a specific financing option(s)?
•Should staff move forward with preparing a proposed 2019 ballot question to increase
City of Boulder sales tax and/or property tax to generate revenue to fund a municipal
library?
5. If council prefers the library district as an option:
•Does council desire to schedule a meeting with Boulder County Commissioners to
further discuss creation of a district and Intergovernmental Agreement?
•Should the boundaries of the library district include the Boulder Valley
Comprehensive Plan (BVCP) only, or the expanded boundary that includes the City
of Boulder, the BVCP area and Niwot/portions west of the city?
•Should staff draft proposed 2019 ballot question language for the purpose creating a
library district?
BACKGROUND
The library master plan outlines three proposed service levels: maintain service levels, meet
community demand, and service expansion/vision. A priority issue identified in the master plan
is the need to develop stable ongoing revenues to fund programs and services. As with most
master plans, in-depth financial analysis is not the focus. Since the master plan highlighted
funding needs, staff recommended, and council agreed to hire an independent outside consultant
to complete this in-depth financial study. This analysis also supplements and expands on the
city’s initial financial analysis conducted for the April 12, 2018 information packet item.
FINANCIAL ANALYSIS
The first step in the financial analysis was to map the long-term operating costs at the three
master plan service levels. Several assumptions were used to inform the analysis which are
included in Attachment 1.
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The analysis includes two different financial components: the library budget, which includes
operating and capital direct costs, and the indirect costs associated with supporting library
operations (referred to as cost allocation). Cost allocation are costs for internal services provided
to the library from the General Fund including IT, finance, HR, communications, building repair
and renovation. See Figure 1 below for the total 2019 library costs at Maintain Service Levels.
Figure 1. 2019 Maintain Service Levels Total Library Costs
Once operating costs were established and projected through 2024, the analysis identified
options for funding. These options included two governance categories: one in which the library
remains a municipal library and one in which the library is a district. Five funding options or
scenarios were created for a municipal library and three funding scenarios for a library district.
The final step of the analysis was to quantify impacts of and issues related to implementing each
scenario.
Long-Term Costs
GKB worked with city staff to identify total operating, capital, and cost allocation based on
current costs, and projections of future needs. The financial model developed by GKB then
layered master plan costs onto these base costs to show total anticipated costs. The resulting
costs are higher than those identified in the master plan due to complete accounting for ongoing
staff position costs and addressing the facilities maintenance backlog. The model also assumed
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cost inflation that reflects assumptions used in the city’s fund financials. See figure 2 below for
five-year projections of the library’s total budget needs by service level.
Figure 2. Total Budget Needs by Service Level 2020-2024
Notes:
•Capital outlay = total one-time capital and ongoing facilities costs.
•2020-2021 includes capital outlay for North Boulder branch library
One of the challenges of comparing costs of a municipal library and a library district is when a
municipal library is included as a part of the city’s general fund budget. In this scenario, the
library does not pay cost allocation charges (e.g. overhead costs such as finance, HR, IT,
communications, building repair and renovation costs, etc.). To insure a fair comparison in the
financial analysis, cost allocation charges were included in the comparison data used to analyze
the full cost of a municipal library compared to the full cost of a library district.
The library’s 2019 approved budget funds the library at the Maintain Service Level of the master
plan and indirect costs (cost allocation) associated with library operations are funded by the
General Fund (See Figure 1). The total cost to fund the library in 2020 and beyond increases
annually due to additional ongoing operating and capital expenses identified in the master plan.
See Table 1 below for unfunded operating, capital, and facilities costs projected for 2020 by
master plan service level.
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Table 1. 2020 Additional Budget Needs by Service Level
Note: Cost allocation $3.38 M (2019) not included. It is assumed to be covered by the General Fund.
Municipal Funding Options and Impacts
Scenario #1 – No Tax Increase
This option proposes to fund library needs through reallocation of current, non-dedicated city
revenues. This would result in the reducing the budgets of other general fund city services, such
as Fire, Police, Human Services, and all support services. The changes would be accomplished
through the annual budget process and would not require voter approval. The actual impact on
current programs is unknown until budget trade-offs are identified and accepted.
Table 2 below provides cost averages of five-year projections by master plan service level.
These are the amounts of funding needed to cover the difference between the 2019 approved
library budget and the average costs projected for 2020 through 2024 (referred to as the gap).
Scenario #2 – Dedicate tax rate (new or reallocated from the General Fund)
This option proposes to fund the library increases through a tax increase, either reallocating a
current city tax and dedicating it to the library or increasing the tax rate dedicated to the library.
Depending on the amount of ongoing funds required from the General Fund, reducing the city’s
budgets in the General Fund may be required. Voter approval is required for new taxes. For
increased property tax, a voter approved change to the city charter is necessary for a mill
increase greater than 1.01 mill. The current maximum property tax mill limit used for operating
costs is 13 mills. The current city property tax mill rate is 11.981 mills.
Table 2 below provides the property tax mill levy increase or percentage of sales tax needed to
fund the cost averages provided in scenario #2. These are the amounts of funding needed to
cover the difference between the 2019 approved library budget and the average costs projected
for 2020 through 2024 (referred to as the gap).
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Table 2. Municipal Library: Funding the Average Gap (2020-2024 Summary)
Notes:
•All scenarios assume that Library Fund 0.333 mill levy is maintained.
•Scenarios do not include $3.38 million cost allocation (2019); it is assumed to be covered by the
General Fund.
•Gap includes both operating and capital outlay expenses.
Scenario #3 – Sales tax funding only
This option increases sales tax and dedicates it to fund total library direct costs. The current city
sales tax rate is 3.86%. Table 3 below shows the rates needed to fund the total direct costs of
each service level (not the gap).
Scenario #4 – Property tax funding only
This option increases property tax and dedicates it to fund total library direct costs. The Charter
of the City of Boulder, Colorado, section 94 caps the total property tax mill levy at a maximum
of 13 mills, and the city’s mill levy is currently 11.981 mills. The difference between the total
city mill levy and the maximum allowed in the charter is 1.019 mills. If council chooses to
dedicate the mill levy increase to the library, charter, section 134 would need to be amended.
Table 3 below shows the rates needed to fund the total direct costs of each master plan service
level (not the gap).
Scenario #5 – Sales and property tax combination
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This option proposes a combination of property tax and sales tax increases to fund total library
direct costs. Both tax increases would require voter approval. Whether a charter change would
be required depends on the proposed property tax increase.
Table 3 below shows the tax rates needed to fund the total direct costs of each master plan
service level (not the gap). Table 4 shows the impact of increased property tax rate for property
owners.
Table 3. Municipal Library: Additional New Taxes to Fund
Total Direct Library Costs Only
Notes:
•All scenarios assume that 0.333 mill Library Fund Mill Levy is maintained.
•Scenarios do not include $3.38 million cost allocation (2019); it is assumed to be covered by the
General Fund.
•All scenarios assume a dedicated municipal library fund would have a 20% fund balance goal.
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Table 4: Municipal Library Scenario #4 – Impact on Property Owners
(1) Property tax impacts exclude the Library Fund 0.333 mill levy.
Note: Scenarios do not include $3.38M cost allocation (2019); it is assumed to be covered by the
General Fund.
District Funding Options and Impacts
There are three funding options for a library district, based on the library service areas with
defined geographic boundaries that were selected to evaluate potential tax revenues that could be
generated by the City of Boulder or a library district to fund library operating and capital
needs. A map of these service areas is Attachment 2.
The service area for scenarios #7 and #8 are hypothetical boundaries for the purposes of the
analysis. If there is interest in pursuing the formation of an independent library district, the actual
geographic service area boundaries of a library district are determined by the establishing
governmental entities, i.e. Boulder City Council and Boulder County Board of County
Commissioners, or in the citizen-initiated petition. A final library district boundary must be
aligned with voting precinct boundaries for election purposes.
Administrative overhead costs (cost allocation in the municipal scenarios) will be an expense for
a library district. GKB benchmarked administrative overhead costs of five Colorado library
districts against the city’s 2018 cost allocation estimate for the library. The library district
administrative overhead costs were 2 to 3 percent higher than the city’s cost allocation estimate.
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Library District Assumptions
All library district scenarios assume:
•The 0.333 mill Library Fund property tax levy is not maintained.
•$3.45M administrative overhead costs beginning in 2020.
•Twenty percent fund balance goal.
If the Library District is required to purchase the library facilities, the mill levy would
increase by approximately 0.60 mills. Scenario #7 and #8 assume additional library materials
costs of $14 per capita. Scenario #8 assumes additional corner library expenses of $486,000
in 2024. mills in Scenario #6, 0.51 mills Scenario #7, and 0.47 mills in Scenario #8.
Scenario #6 - Service Area: City of Boulder Boundary
The boundaries of the district would be the same as the city’s boundaries. The tax impacts of this
scenario are summarized in the table 5 below.
Table 5: Library District Scenario #6 - Impact on Property Owners
City of Boulder Boundary service area
Note: The 0.333 mill Library Fund property tax levy is not maintained.
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Scenario #7 - Service Area: City of Boulder Planning Area (Boulder Valley Comprehensive Plan
Boundaries)
In this scenario the legal boundaries of the district would be the same as the Boulder Valley
Comprehensive Plan area. It includes parts of the Gunbarrel community that are in
unincorporated Boulder County. If a library district is formed using this area, the final boundary
must be adjusted to include complete voting precinct areas therein. The tax impacts of this
scenario are summarized in the table 6 below.
Table 6: Library District Scenario #7 – Impact on Property Owners
BVCP Boundary service area
Note: Includes additional library materials costs of $14 per capita.
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Scenario #8 - Service Area: Expanded boundary to align library patrons with funding base
Scenario 3 is the largest service area that does not impinge upon the service area of any other
governmental entity (municipal or district library). Approximately ninety percent of the Boulder
Public Library patron base is represented within this boundary. It includes the City of Boulder,
the Boulder Valley Comprehensive Plan Area, and several voting precinct areas in Boulder
County.
The tax impacts of this scenario are summarized in the table 7 below.
Table 7: Library District Scenario #8 - Impact on Property Owners
Expanded Boundary service area
Note:
• Includes capital and operating expenses for an additional corner library.
• Includes additional library materials costs of $14 per capita.
INFORMATION ABOUT POLLING
Staff has contact information for several national polling firms that poll the public on local ballot
issues. Staff could draft a Request for Proposal, solicit bids and work with the selected firm to
develop a poll. Staff anticipates that the firm could conduct the poll early in 2019. Staff would
work with the firm to identify a recommended sample size, anticipating at least a 500-voter
sample survey. This sample size would enable the analysis of standard demographics, including
age, gender, income, education, etc.
The estimated costs for developing and conducting a poll of 500 voters is between $20,000 to
$25,000. The poll could be paid for using the Library Fund.
LIBRARY DISTRICT GOVERNANCE
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Overview
A library district may be formed by resolution or ordinance by one or more existing
governmental entities (“establishing entities”), or by initiative of citizens through a petition and
election process. A library district is an autonomous government and subdivision of the state and
is governed by a Board of Trustees appointed by the establishing entities. After appointment of
the Board of Trustees, the establishing entities and trustees must enter into an intergovernmental
agreement describing their rights, obligations, and responsibilities to one another (IGA). The
Board of Trustees may adopt bylaws, rules, and regulations for its own guidance and policies for
the governance of the library as it deems expedient.
Library District is an Independent Single Purpose Government
A library district is a quasi-municipal corporation and political subdivision of the State and not
a branch, department or service of the establishing entities. It obtains its own financial support
through an ad valorem property tax levy authorized and approved in a TABOR Election. The
taxes are collected on property with the library’s legal service area.
Operational Governance
The powers, duties and responsibilities of library district governing boards and their relationship
to city and county governments is set forth in the Colorado Revised Statutes.
The establishing entities select the first Board of Trustees once the library district is established.
Succeeding trustees are appointed by the establishing entities following procedure established by
the Colorado Library Law and the IGA. The Board of Trustees is the sole, autonomous
legislative body of the district, with the establishing entities retaining the power to appoint.
Trustees are not in elected positions.
A district board of trustees will receive property tax revenues and spend the resulting revenues to
further library purposes. The establishing entities may not place restrictions on the library’s use
of funds, so long as the funds are being used legally and in the interest of the library. However,
the establishing entities can ensure the continuation of services that an existing library may
provide when it is merged into the district through the IGA. The IGA can be used to allow
intergovernmental cooperation to perform functions that each unit is authorized to provide.
Library districts have power and authority to conduct its business in a manner consistent with
other limited power districts, including legislative powers, acquisition, acceptance and disposal
of property, employment, budget and tax collection and the ability to enter in to contracts.
Table 9. Comparison of Governance, Funding, and
Boundaries for a Municipal vs. a Library District
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MUNICIPAL LIBRARY LIBRARY DISTRICT
Establishing entity City Council City Council and County
Commission
Governing entity City Council Board of Trustees
Library board
appointment*
Members appointed by City
Council to serve on advisory
commission
Members appointed by establishing
entities to serve on a Board of
Trustees
Funding
mechanism
See municipal options 1 - 5
above
See district service area options 1 -
3 above
Boundary City of Boulder Service area identified by
establishing entities
*State law prohibits ex officio status on the library board by a council member. There is nothing in the
Colorado library law that prohibits a council member from being appointed to the library board in the same
manner as any other resident of the library district.
OPTIONS FOR FORMING A LIBRARY DISTRICT
A Library District
A library district can be formed by resolution or ordinance of one or more existing governments
(i.e., the city, the county, or both) (the “establishing entities”); or, by initiative of citizens
through a petition process.
Establishing the District by Resolution/Ordinance. If a district is a desirable outcome,
establishing the library district by resolution or ordinance allows greater control of the
process by the establishing entities. This allows the establishing entities determine the
appropriate boundaries of the district.
To initiate the process, public hearings are held by the establishing entities after published
notice to discuss the purpose of the district, its powers; and the financial and other
obligations of the establishing entities, if any.
The entity that wishes to propose a district is required to give 90 days’ written notice of the
proposed establishment to other “governmental units” that maintain a public library so that
they may determine whether to participate in the district.
Governmental entities that intend to establish a library district are required to adopt a
resolution or ordinance that describes the district’s legal service area and provides that the
electors must approve the proposed mill levy. The library district is established upon
adoption of the resolution or ordinance.
The ordinance or resolution establishes that the establishing entities appoint the first board
of trustees (5 or 7 members) to the library district. Within 90 days after appointment of the
trustees, the establishing entities and trustees must enter into an intergovernmental
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agreement describing their rights, obligations, and responsibilities to one another, if any
(“IGA”). The IGA can be used to:
1.Establish a deadline for the district to obtain funding from its electors at an election
authorized by the TABOR Amendment (i.e., at the November 2019 election);
2.Provide terms to transition library services from the establishing entities to the
district including:
a.Any conveyance by donation, lease or sale of real and personal property used
to provide library services;
b.The transition of library employees from the establishing entity to the library
district addressing earned leave, benefits, retirement funds, etc.;
c.Interim funding, if any, for the existing libraries and the district;
d.Whether the district will temporarily or permanently purchase or otherwise
acquire administrative, maintenance, personnel, procurement, insurance,
employee benefits etc. through contract with establishing entities;
e.Establishing procedures for future library trustee selection and appointment
within the confines established by the Library Law; and,
f.Generally providing for a mutually beneficial relationship or separation as the
parties’ desire.
3.If the district does not obtain funding within the time allowed, the IGA may require
the district to dissolve leaving the municipal library to continue operations.
Establishing the District by Petition of Registered Electors. One hundred electors residing in
the proposed library district “service area” can trigger an election to form a district by
petition. The petition is required to be addressed to the county commissioners of each county
proposed to be included in the district and must be filed at least 90 days before a TABOR
election. The petition is required to have all the following elements:
a.The petition must comply with C.R.S.§ 24-90-107(3)(a), including a request for
establishment of the district, name of the district, the governmental units
involved and contain a description of the “service area” and proposed mill levy.
b.A bond must be filed to pay election expenses in the event the election is
unsuccessful unless waived by the county.
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c. Once in receipt of the petition, the establishing entities must pass a resolution
or ordinance establishing the district or submit the question of establishment
to a vote. Either way, a TABOR election will be required to establish the mill
levy.
d. After a successful election, library trustees must be appointed, and an
Intergovernmental Agreement is to be negotiated to address the same matters
discussed for a library district that is formed pursuant to an ordinance or
resolution.
Intergovernmental Agreement (IGA)
In any library district scenario, the City Council and the Boulder County Commission would
negotiate the terms of an IGA with the library district. The IGA defines several aspects of the
district structure and operations including:
• Library district board appointment and its powers, duties and responsibilities.
• Allocation of monetary and capital assets
• Transfer of municipal employees to the district
• Transitional funding and internal service provision
• Internal services (if any) provided by contract from the city
Governance concerns and operational parameters should be established in the IGA at the time
the library district’s first board of trustees is appointed and prior to the district obtaining its
own mill levy funding. The district is required to file an annual report with the establishing
governmental entities and the Colorado State Library.
Summary of Library Assets and Options for Transfer to a Library District
The community’s library building and property assets include the Main Library, the George
Reynolds Branch Library, the Carnegie Library for Local History, and upcoming north Boulder
branch library. The Meadows Branch Library is a rented facility. Other community assets
include the book and media collections; computer, business, and materials handling equipment;
furnishings and fixtures.
There are options (below) regarding how library assets could be transferred from the city to a
library district. The options selected would be part of the IGA.
o Deed library buildings, properties, and other assets to the library district at no cost,
minimal annual cost, or one-time cost.
o Lease library buildings and properties to the library district at a determined rate such as,
fair market value, original cost, or a different rate set by council.
Library monetary assets in the Library Fund and any other funds that have been collected for the
library (e.g. Development Excise Tax, Impact fees, proceeds from the sale of the Blystat-Laesar
House, and direct contribution from the Library Fund to Facilities Renovation and Replacement
(FRR) would be transferred to the library district.
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Changes Required for The Charter of the City of Boulder, Colorado
If a library district is formed changes to the City Charter would be required later to update
information about the library and remove the sections about the library commission. The charter
sections that would need to be removed include:
Section 69 - Department of Library and Arts
Section 130 - General provisions concerning advisory commissions. Remove references to
the library commission.
Section 132 - Library commission established.
Section 133 - Powers and duties of library commission.
Section 134 - Library fund.
Impact on city employees of the Boulder Public Library
If a library district is formed, City of Boulder employees could be transferred from the city to the
library district. If the library district contracts for services with the city, library district employees
may retain identical benefits as they had as city employees.
Staff discussed with Public Employees Retirement Association (PERA) the impacts on employee
retirement benefits if a library district formed. The conclusion was no changes are required to the
employee or employer status and employees would retain all their vesting and coverage rights.
Proper timing of the transfer is necessary to insure no break in service. Staff also researched
impacts on employee benefits with the Social Security Administration. The conclusion was
neither the employer (the library district) nor the employee would be required to contribute to
Social Security.
Background
The law firm Seter Vander Wall P.C provided a report about the formation of a library district
(Attachment 3). Staff and the Library Commission submitted questions about the report which
the law firm answered (Attachment 4). The law firm compared library district formation by
ordinance and by petition and provided information about the Poudre River Public Library
District (Fort Collins), the Berthoud Public Library District and Jefferson County Public Library
(Attachment 5).
LIBRARY COMMISSION QUESTIONS AND FEEDBACK
The Library Commission reviewed a draft of this memo and the financial presentation in advance
of their special meeting on November 14, 2018. Robyn Moore and Matt Dempsey of George K.
Baum and Company were present at the Library Commission meeting as were City of Boulder
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Executive Budget Officer, Kady Doelling and Senior Budget Analyst, Hannah Combs. The
Library Commission submitted a series of written questions in advance of the meeting and asked
further clarifying questions at their November 14th meeting. Library Commission questions
focused primarily on internal cost allocation and facilities maintenance backlog. The city
engages a consultant to do a biennial cost allocation analysis and after benchmarking that
analysis to existing library districts overhead, staff feel that the assumptions included in this
analysis are reasonable. Regarding the facilities maintenance backlog, the commission’s primary
concern was ensuring that the analysis included the facilities maintenance backlog; staff
confirmed that it does. Attachment 1 with the financial analysis assumptions was added to the
memo to better set the context of the assumptions included in the analysis.
The Library Commission provided a written response to the financial analysis memo and
presentation for council (Attachment 6).
NEXT STEPS
Next steps will be determined based on council feedback and guidance at the study session.
ATTACHMENTS
1.Financial analysis assumptions
2.Library District Service Area Map: Patron Locations within Boulder County
3.Seter Vander Wall P.C. Library District Report
4. Seter Vander Wall P.C. Q and A on Library District Report
5.Seter Vander Wall P.C. Library District Formation and Case Studies
6.Library Commission memo to City Council regarding the financial analysis
7.Library Assessed Property Values
8. Presentation for November 27, 2018 Study Session
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Financial Analysis Assumptions
OPERATING COSTS
Operating costs include personnel and non-personnel recurring costs. The personnel and non-
personnel costs were inflated separately. Recurring costs reflect the library Master Plan service
levels.
COST ALLOCATION
The financial analysis begins in 2019 using the 2018 General Fund cost allocation estimates.
CAPITAL OUTLAY
•Capital and maintenance backlog is $780,000 annually from 2020 through 2024 to
account for $3.9M backlog.
•Annual capital and maintenance expenses average $670,000 from 2019 through 2033.
•North Boulder branch library
o $5M of construction costs from 2019 through 2023 funded by Community,
Culture, Safety Tax.
o $1.7M of development costs in 2020 funded by Development Excise Tax.
•Major library renovations (conservative, speculative cost estimates)
o $2.5M in 2024
o $5.0M in 2029
•Materials handling machine replacement
o $1.3M in 2024
•Gunbarrel Corner Library (Only in Master Plan Service Expansion service level)
o $468,000 in 2024
•Additional Corner Library (Only in library district expanded boundary scenarios)
o $486,000 in 2024
GROWTH RATES
Revenues
Property Tax – Assessed Value -
•5.0% in tax years 2020 and 2022 (aligns with City’s budget model).
•4.0% in reassessment years thereafter.
Attachment 1: Financial Analysis Assumptions
18
City Council Study Session Page 21 of 93
Sales & Use Tax – Taxable Sales:
•Aligned with City’s budget model from 2019 through 2024 (1.00% to 1.75%).
•2.0% annually after 2025.
Expenses
•Personnel: 3.0% annually
•Non-Personnel/Capital Outlay: 1.0% annually
RESERVES AND FUND BALANCE
•Municipal library options are aligned with city’s fund balance goals (20%).
•Library District option assume 20% fund balance.
SERVICE AREAS FOR LIBRARY DISTRICT SCENARIOS
City of Boulder
•All properties within the City
City of Boulder Planning Area (BVCP)
•All properties within the City
•Boulder Valley Comprehensive Plan Area
Expanded Boundary
•All properties within the City
•Boulder Valley Comprehensive Plan Area
•Several voting precincts within Boulder County including portions of Niwot as well as
the mountain communities west of the City
LIBRARY DISCTRICT MATERIALS AND FACILITY COST
Materials
If the library service area increases, additional library materials costs are required due to an
increased user base. The library materials budget goal in the Master Plan is $14 per capita. For a
district costs grow each year from 2019 through 2024 until $14 per capita is achieved.
Facility
Additional one-time library construction cost (only in Expanded Boundary scenario) -$486,000
in 2024
Attachment 1: Financial Analysis Assumptions
19
City Council Study Session Page 22 of 93
Attachment 2: Library District Service Area Map: Patron Locations within Boulder County
1820
City Council Study Session Page 23 of 93
KIM J. SETER
BARBARA T. VANDER WALL
JEFFREY E. ERB
ELIZABETH A. DAUER
COLIN B. MIELKE
RUSSELL NEWTON
CAMERON J. RICHARDS
{00361155 2}
7400 E. ORCHARD ROAD • SUITE 3300 • GREENWOOD VILLAGE, CO 80111 • 303-770-2700 • FAX: 303-770-2701
www.svwpc.com • e-mail: svw@svwpc.com
October 2, 2018
City of Boulder
City of Boulder Colorado Library Commission
1001 Arapahoe Avenue
Boulder, CO 80302
Attn: David Farnan, Director
Via Email: farnand@boulderlibrary.org
Re: Report on Library District Formation and Operations
Dear Mr. Farnan and Library Commissioners:
You have requested a report on the formation and operations of library districts under the
Colorado Library Law, C.R.S. § 24-90-101, et seq. An outline of topics to address was provided
by Mr. Farnan on August 11, 2018 (copy attached). Additional enquiries were made by
Commissioners Teter and Koenig by email and at a meeting on July 27, 2018.
This report generally follows the outline provided by Mr. Farnan but I have restated and
rearranged some topics for clarity. Responses to the Commissioners’ questions are incorporated
in the outline where appropriate.
The information in Sections II. and III. is repetitive of information contained in the
discussion of the library district formation process in Section I. However, we deemed repetition
appropriate to ensure that we responded to your questions in the manner they were presented.
REPORT
I.Summary of Colorado Library Law on Library District Formation.
A.Municipal v. District Libraries. The City’s library and a library district differ in
significant ways.
1. The Boulder Public Library is a “municipal library” which is a “public
library” established by the City. See, C.R.S. § 24-90-103 (11).
a.It is governed by a Board (advisory in Boulder) known as the
Commission. See, C.R.S. § 24-90-109 (2)(a).
b.It is funded as part of the City budget.
Attachment 3: Seter Vander Wall P.C. Library District Report
1921
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Boulder Public Library
Re: Report on Library District Formation and Operations
October 2, 2018
Page 2 of 8
{00361155 2}
2.A “library district” is also a “public library.” It is established by one or
more cities and/or counties, school districts, etc. See, C.R.S., § 24-90-
104(6).
a.It is governed by a Board of Trustees appointed by the establishing
entities. See, C.R.S. § 24-90-108(2)(c).
b. It is a “political subdivision of the state of Colorado” created by
the establishing entities. The library district is its own taxing
authority and is not a division or department of the city or other
establishing entities and is not included in the establishing entities’
budgets.
B.Establishing a Library District. A library district can be formed by resolution or
ordinance of one or more existing governments (i.e., the city, the county, or both)
(the “establishing entities”); or, by initiative of citizens through a petition process.
1. Boundaries. The geographic boundaries of the district are determined by
the establishing entities or in the citizen-initiated petition.
a.Boundaries should provide sufficient tax base to support library
services and include the area actually utilizing those services.
b.Aggregating existing government entity boundaries to create the
library district boundary is cost efficient because geographic,
demographic and financial information already exists in the
Colorado Department of Local Affairs and from other sources.
2.Establishing the District by Resolution/Ordinance. Establishing the library
district by resolution or ordinance is cost effective and allows greater
control of the process by the establishing entities.
a.The establishing entities determine the appropriate boundaries of
the district.
b. A public hearing or hearings is held by the establishing entity(ies)
after published notice to discuss the purpose of the district, its
powers; and the financial and other obligations of the establishing
entities, if any.
c.90 days written notice of the proposed establishment is given to
other “governmental units” that maintain a public library so they
may determine whether to participate in the district.
Attachment 3: Seter Vander Wall P.C. Library District Report
2022
City Council Study Session Page 25 of 93
Boulder Public Library
Re: Report on Library District Formation and Operations
October 2, 2018
Page 3 of 8
{00361155 2}
d.The resolution or ordinance must describe:
i.The district’s legal service area;
ii. identify and provide that the electors must approve the
proposed mill levy.
e.The library district is established upon adoption of the resolution or
ordinance.
i.The establishing entities appoint the first board of trustees
(5 or 7 members) to the library district.
ii.Within 90 days after appointment of the trustees, the
establishing entities and trustees must enter into an
intergovernmental agreement describing their rights,
obligations, and responsibilities to one another, if any
(“IGA”). We utilize the IGA to:
(a) Establish a deadline for the district to obtain
funding from its electors at an election authorized
by the TABOR Amendment (i.e., at the November
2019 election);
(b)Provide terms to transition library services from the
establishing entities to the district including:
(1)Any conveyance by donation or sale of real
and personal property used to provide
library services;
(2)The transition of library employees from the
establishing entity to the library district
addressing earned leave, benefits, retirement
funds, etc.;
(3)Interim funding, if any, for the existing
libraries and the district;
(4)Whether the district will temporarily or
permanently purchase or otherwise acquire
administrative, maintenance, personnel,
procurement, insurance, employee benefits
etc. through contract with an establishing
entity; and,
Attachment 3: Seter Vander Wall P.C. Library District Report
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City Council Study Session Page 26 of 93
Boulder Public Library
Re: Report on Library District Formation and Operations
October 2, 2018
Page 4 of 8
{00361155 2}
(5)Establishing procedures for future library
trustee selection and appointment within the
confines established by the Library Law;
and,
(6)Generally providing for a mutually
beneficial relationship or separation as the
parties’ desire.
(c) If the district does not obtain funding within the
time allowed (we prefer 2-3 election cycles), the
IGA may require it to dissolve leaving the
municipal library to continue operations.
3.Establishing the District by Petition of Registered Electors. One hundred
electors residing in the proposed library district “service area” can trigger
an election to form a district by petition.
a.The petition is addressed to the commissioners of each county
proposed to be included in the district and must be filed at least 90
days before a TABOR election.
b.The petition must comply with C.R.S.§ 24-90-107(3)(a), including
a request for establishment of the district, name of the district, the
governmental units involved and contain a description of the
“service area” and proposed mill levy.
c.A bond must be filed to pay election expenses in the event the
election is unsuccessful unless waived by the county.
d. Once in receipt of the petition, the establishing entities must pass a
resolution or ordinance establishing the district or submit the
question of establishment to a vote. Either way, a TABOR election
will be required to establish the mill levy.
e. After a successful election, library trustees must be appointed and
an IGA is to be negotiated to address the matters discussed in
I.B.2.e. above.
II.Summary of Colorado Library Law on Library District Structure, Governance and
Operations.
A. Governance Options in the Library District. The establishing entities select the
first “Board of Trustees” once the library district is established. Succeeding
Attachment 3: Seter Vander Wall P.C. Library District Report
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Boulder Public Library
Re: Report on Library District Formation and Operations
October 2, 2018
Page 5 of 8
{00361155 2}
trustees are appointed by the establishing entities following procedure established
by the Library Law and the IGA.
1.The Board of Trustees is the sole, autonomous legislative body of the
district, with the establishing entities retaining the power to appoint.
Trustees are not in elected positions.
2. Governance concerns and operational parameters should be established in
the IGA at the time the library district’s first board of trustees is appointed
and prior to the district obtaining its own mill levy funding.
3.A district board of trustees is guaranteed to receive its property tax revenues
and may spend the resulting property tax revenues to further library
purposes. The establishing entities may not place restrictions on the library’s
use of funds, so long as the funds are being used legally and in the interest
of the library. However, the establishing entities can ensure the continuation
of services and some control through the IGA.
B.The Library District is an Independent Single Purpose Government. Structurally,
the library district is a quasi-municipal corporation and political subdivision of the
State and not a branch, department or service of the establishing entities. It
obtains its own financial support through an ad valorem property tax levy
authorized and approved in a TABOR Election.
1.Its “Legal Service Area” means the geographic area for which a public
library has been established to offer services and from which, or on behalf
of which, the library derives income. This includes areas served pursuant to
contract. C.R.S. § 24-90-103(4.5). The “Legal Service Area” is the same as
its corporate boundary. The size of the legal service area is at the discretion
of the establishing entities if established by resolution or ordinance. The
petition will identify the legal service area if established by petition.
2.Library districts are funded by a mill levy approved by the electors within its
boundary. As an autonomous political subdivision of the state it will have
complete control over legal spending of its tax revenues. However, some
control and mutual financial benefits can be determined and fixed in the
IGA.
3. The library district will be subject to TABOR to the same degree as the City
and County.
C.Operational Governance. The powers, duties and responsibilities of library
district governing boards and their relationship to city and county governments is
set forth in the Colorado Revised Statutes.
Attachment 3: Seter Vander Wall P.C. Library District Report
2325
City Council Study Session Page 28 of 93
Boulder Public Library
Re: Report on Library District Formation and Operations
October 2, 2018
Page 6 of 8
{00361155 2}
1. C.R.S. § 24-90-109 delegates the power and establishes the duties of a
library Board of Trustees along with any implied powers derived from the
express powers below described below:
a.To adopt bylaws, rules, and regulations for its own guidance and
policies for the governance of the library as it deems expedient;
b. Have custody of all property of the library, including rooms or
buildings constructed, leased, or set apart therefore;
c.Employ a director and, upon the director’s recommendation,
employ such other employees as may be necessary;
d. Submit an annual budget to legis. body and certify a mill levy;
e.Have exclusive control and spending authority over the
disbursement of library funds;
f.Accept such gifts of money or property for library purposes, as it
deems expedient;
g.Hold and acquire land by gift, lease, or purchase for library
purposes;
h. Lease, purchase, or erect any appropriate building for library
purposes and acquire such other property as needed;
i.Sell, assign, transfer or convey real or personal property which
may not be needed in the foreseeable future;
j.Borrow funds for library purposes;
k. Authorize the bonding of persons entrusted with library funds;
l. Conduct annual audit of district financial statements;
m.Adopt a policy for the purchase of library materials and equipment
on the recommendation of the library director;
n. Hold title to property given to or for the use or benefit of the
library;
o. Have the authority to enter into contracts;
Attachment 3: Seter Vander Wall P.C. Library District Report
2426
City Council Study Session Page 29 of 93
Boulder Public Library
Re: Report on Library District Formation and Operations
October 2, 2018
Page 7 of 8
{00361155 2}
p.Maintain a current, accurate map of the legal service area and
provide for it to be on file with the State Library;
q.Receive copies of all school district collective bargaining
agreements submitted and create a repository of same available to
the public for inspection;
r.Make an annual report to the establishing entities and provide
response to State Library survey;
s.The Board may allow nonresidents to use library materials and
equipment;
t.The Board may request that the establishing entities authorize an
election be held to alter the maximum tax levied to support the
district. The City shall cause the vote to be held.
III.Colorado Case Studies. We have formed library districts in rural communities and the
metropolitan area. The variety of issues and processes varies widely and is very difficult
to generalize because much of the process depends on the separate needs or desires of the
parties involved.
A.We have utilized both the petition and the resolution/ordinance process. The
petition process is adequate for smaller rural communities; but, we have always
used the resolution/ordinance process for larger library districts. Arapahoe Library
District, Rangeview Library District (Anythink), and Poudre River Regional
Library District utilized this process to move from county and city service to the
district model. Under the terms of IGAs, Rangeview (Anythink) separated from
Adams County within approximately 5 years; however, Poudre River has
maintained a close relationship under its IGA with Fort Collins since 2005. Both
of these arrangements have been beneficial to the parties involved.
B.You have specifically enquired as to options for distribution of assets under
C.R.S. § 24-90-107 “library’s real and personal property, personnel, and the
provision of administrative services during the transition.” The distribution of
assets is the subject of negotiation.
1.Almost all of the establishing entities have conveyed real and personal
property to the library district without charge. However, some buildings
have been leased by the district and some have had title restrictions that
require payment if the property ceases to be used to provide library
services, or upon sale. The statutes do not preclude the parties from
negotiating a long-term purchase option.
Attachment 3: Seter Vander Wall P.C. Library District Report
2527
City Council Study Session Page 30 of 93
Boulder Public Library
Re: Report on Library District Formation and Operations
October 2, 2018
Page 8 of 8
{00361155 2}
2. As for personnel, we have discussed leasing city employees but did not
implement that procedure. In the most efficient process we have used, the
library district made employment offers to all city/county library
employees that offered the same benefits and salary, accumulated leave
and vacation pay. Simultaneously, the city/county issued notices of
termination.
3. As for administration, Poudre River continues to utilize and pay the city
for many administrative and contracting services, janitorial and
maintenance, personnel (until very recently), financial services etc.
Rangeview (Anythink) and Poudre River continue to contribute to the
county and city retirement programs despite the fact that they are
independent in many other ways.
4. In short, all of the transition items have been worked out in other districts
and, because of the mutual benefits available, some “transitions” continue
after more than thirteen years.
We are looking forward to discussing these matters with you and we have reserved the
evening of November 27 to engage directly with the Commissioners and Council. In the
meantime, please let me know what additional information you would like.
Sincerely,
SETER & VANDER WALL, P.C.
Kim J. Seter
Cc: Commissioner Teter
Commissioner Koenig
E. Dauer, Esq.
M. Barrasso
Attachment 3: Seter Vander Wall P.C. Library District Report
2628
City Council Study Session Page 31 of 93
KIM J. SETER
BARBARA T. VANDER WALL
JEFFREY E. ERB
ELIZABETH A. DAUER
COLIN B. MIELKE
RUSSELL NEWTON
CAMERON J. RICHARDS
{00369653 2}
7400 E. ORCHARD ROAD • SUITE 3300 • GREENWOOD VILLAGE, CO 80111 • 303-770-2700 • FAX: 303-770-2701
www.svwpc.com • e-mail: svw@svwpc.com
MEMORANDUM
TO: City of Boulder, City of Boulder Colorado Library Commission, David Farnan
FROM: Seter & Vander Wall, P.C.; Kim J. Seter, Esq.
DATE: October 15, 2018
RE: Response to Questions Regarding Report on Library District Formation and Operations
You requested a report on the formation and operations of library district under the Colorado
Library Law, C.R.S. § 24-90-101, et. seq. with responses to specific questions. We provided
responsive correspondence on October 5, 2018. The following is a list of questions generated
from your review of the correspondence followed by our responses in italics.
1.If a library district is initiated by a citizen petition, does the Board of County
commissioners have any discretion about whether to place it on the ballot or not? Could
they choose to place only the formation question and not the tax question on the ballot?
C.R.S. § 24-90-107 (3)(d) provides that upon receipt of the petition, the legislative body
or bodies shall either establish the District through an ordinance/resolution or submit the
question of the establishment of the District to a vote at the earliest election permitted by
law. Upon adoption of the resolution/ordinance or the successful formation election, the
law requires that the establishing entities provide for the district’s financial support by
January 1 of the year following the election or the passage of the ordinance/resolution.
Accordingly, (1) the county commissioners must certify the formation question upon
receipt of a proper petition; and, (2) the establishing entities must then provide financial
support by some means, typically this would be accomplished by a tax question rather
than through the entities’ budgets.
2.I.A.2.a.: With regard to the establishing entity and board of trustees. Is there a difference
if it is formed by city/county or petition?
There is no difference in the appointment process or composition of the Board of
Trustees, whether it is formed the city/county or by petition. A petition, like the
establishing resolution, must identify the establishing entities. The establishing entity or
entities then have the duty and authority to appoint the Board of Trustees.
Attachment 4: Seter Vander Wall P.C. Q and A on Library District Report
3529
City Council Study Session Page 32 of 93
City of Boulder, City of Boulder Colorado Library Commission, David Farnan
Re: Response to Questions Regarding Report on Library District Formation and Operations
October 15, 2018
Page 2 of 7
{00369653 2}
3.Can a combination of city council and county commissioners be established as the board
of trustees?
A combination of the city council and county commissioners cannot be established ex
officio as the board of trustees.
There is nothing in the Library Law or Colorado law that prohibits an individual resident
of the district who is also a commissioner or city council member from being appointed
to the library board. However, the appointment process established in the Library Law
would not allow the establishing entities to provide that any trustee position is filled by a
commissioner or city council member by virtue of holding (ex officio) that county or city
office.
4.B.1 Boundaries. What section of Colorado library law spells this out? Or is there a
specific case wherein a boundary has been drawn that did not overlap a county line, or
school district or some other previously established boundary?
The Library Law utilizes the phrase “legal service area” instead of legal boundary.
Petitioners or establishing entities may draw any legal service area for the library
district they deem appropriate.
Statutes define the library’s legal service area as the geographic area for which a public
library has been established to offer services and from which, or on behalf of which, the
library derives income. The area in which the district will offer services and the area
needed to derive sufficient income are the considerations that should determine the
library district boundary.
Once an appropriate boundary is determined, we recommend looking at established
entity boundaries to avoid the cost of mapping and the time needed to acquire
population, voter and other data. There are many small governments, special districts
and administrative areas already overlapping one another in Colorado. Each has
established boundaries for which a great deal of information already exists. The
boundaries of these entities can be pieced together to approximate the boundary that you
deem appropriate for the library district.
Library districts have been formed that do not overlap another entity or that overlap
portions of many different entities. The Arapahoe Library District boundaries contain a
portion of Adams County and the City and County of Denver, and exclude portions of the
City of Aurora. Poudre River Regional Library District generally overlaps the
boundaries of a fire district but excludes portions of the fire district that are in the Estes
Valley Library District. Rangeview Library District includes all of Adams County but
excludes portions of Westminster that are in the county. There are many other examples.
Attachment 4: Seter Vander Wall P.C. Q and A on Library District Report
3630
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City of Boulder, City of Boulder Colorado Library Commission, David Farnan
Re: Response to Questions Regarding Report on Library District Formation and Operations
October 15, 2018
Page 3 of 7
{00369653 2}
5.Case studies: Are there libraries in Colorado that have determined a district was not in
their best interest and maintained as a municipal library?
The Jefferson County Public Library explored the possibility of forming a district, but the
board of county commissioners chose to keep the library as part of the county. There
have been enquiries from other entities but JCPL was the only entity we are aware of that
formally determined not to convert the county library to a district. We can discuss that
with you at our meeting on October 18th if you wish.
6.2.A. Since the county and city would appoint the board members. Can they appoint a
council member or county commissioner to be on the board? [In accounting rules
interlocking boards or commissions is one of the main determinates of if a governmental
organization must be reported on as a component unit and is included in the CAFR of the
appointing organizations. The reason I mention it is accounting requirements are
separate from legal requirement. It has been several years since I have been involved in
this type of discussion, so I do not know for sure that my concerns are correct (that is, the
accounting requirements have changed). It would be best to have this researched and
determined up front with the independent auditors of the city and county.]
See response to No. 3 as to the appointment of city council members and commissioners.
The library district is a quasi-municipal corporation and political subdivision of the state
of Colorado. It is not a component unit of the establishing entity or entities.
7.II B. 3 states TABOR is the same as the city and county. I would suggest we spend more
time on this and make sure there are no TABOR issues. The city is home rule and the
county is statutory. On the revenue side voters have de-bruced property tax for both
entities so it should not be a concern - just something we need to be aware of and follow
up to make sure there are not unknown issues due to differences between the two
governments.
The district is subject to TABOR as an autonomous government and subdivision of the
state. The district must submit its own ballot question to De-Bruce its own revenues.
Under most conditions, the district will not assume the voter authorizations of its
establishing entities and its mill levy, revenue and TABOR concerns have no affect on
those of the city or county.
8.II C 1 q - Receive copies of all school district collective bargaining ...... Not sure why
they would need to receive school district collective bargaining contracts. Should it be
city collective bargaining agreement?
C.R.S.§ 24-90-109 lists the powers and duties of the Board of Trustees. Specifically,
C.R.S.§ 24-90-109 (1)(q) provides that the Trustees shall “receive the true and correct
copies of all school district collective bargaining agreements submitted pursuant to the
“Colorado School Collective Bargaining Agreement Sunshine Act”, Section 22-32-
109.4, C.R.S., and create an electronic or physical repository for all of said current
Attachment 4: Seter Vander Wall P.C. Q and A on Library District Report
3731
City Council Study Session Page 34 of 93
City of Boulder, City of Boulder Colorado Library Commission, David Farnan
Re: Response to Questions Regarding Report on Library District Formation and Operations
October 15, 2018
Page 4 of 7
{00369653 2}
collective bargaining agreements at the library that is available to the public for
inspection during regular business hours in a convenient and identified location.”
9.Case studies: are you aware of any Colorado libraries that transitioned from Municipal to
District wherein a sizable portion of the employees were members of a municipal
employees’ union?
No. This would simply be another organization to consult during the preparation of the
Intergovernmental Agreement.
10.Timing of starting up a district: Is this January 1 following a successful election to either
establish a district or to fund a district (that has already been established by resolution)?
When formed by petition, January 1 following the election is the deadline to fund a
district after a successful formation election. See C.R.S. § 24-90-107(3)(g). This is easily
accomplished because a mill levy question would be included in the November election.
When forming by resolution or ordinance, the legislative bodies shall establish the public
library and provide for its financial support beginning on or before January 1 of the year
following the adoption of the resolution or ordinance or, if any amount of tax levy not
previously established by resolution or ordinance nor previously approved by the
electors is to provide the financial support, following elector approval of that levy.
C.R.S.§ 24-90-107 (2)(d).
Therefore, there is not a deadline in the statute to hold a TABOR election to set the mill
levy. However, the law seems to imply that establishment and funding should be
accomplished within a reasonable timeline, where possible. We have interpreted this to
mean that an establishing entity may “provide for its financial support” by certifying a
mill levy election for the library district.
11.If a petition is submitted to the County Commissioners, and they decide to create a
district by resolution, is there a deadline for the Commissioners to take action in either
adopting the resolution or putting the question on the ballot?
After submittal of a petition, the deadline to place the question of district formation on
the ballot is the date of the next biennial general election or the first Tuesday in
November of odd years, whichever is earliest. C.R.S.§ 24-90-(d)(II). In the present case,
November 5, 2019.
It is unclear whether the above deadline would apply to an election setting the mill levy,
but, when reading the statute as a whole, it suggests that the establishment of the district
and the mill levy should be accomplished forthwith. Further, we would advise against
holding two separate elections (formation and funding) based upon the cost of holding
two separate elections and the problems created if one question passes but the other does
not.
Attachment 4: Seter Vander Wall P.C. Q and A on Library District Report
3832
City Council Study Session Page 35 of 93
City of Boulder, City of Boulder Colorado Library Commission, David Farnan
Re: Response to Questions Regarding Report on Library District Formation and Operations
October 15, 2018
Page 5 of 7
{00369653 2}
12.It's clear from the memo that once a district is created by resolution, there is no firm
deadline to set an election for funding. If the County and City agree to establish a district
by resolution but delay action to put funding on the ballot do petitioners have any
recourse?
This is a correct observation. See question 10 for further clarification. The district board
can request a mill levy election. We have addressed a reluctant board of commissioners
in the past and it was determined that the certification of the mill levy question is a
ministerial act that must be performed by the commissioners. It is not within the board’s
discretion.
13.Do the establishing entities have any say in future funding for the library district once it is
established and successfully funded? See memo II.C.1.t which seems to suggest that
approval from the City is needed for "alternations" to the tax levied. (Page 7)
II.C.1.t. references C.R.S. 24-90-109(4). The Board of Trustees of a district have the
authority to request of the BOCC that an election be held to alter the maximum tax levied
to support the district, in which case, the BOCC shall cause the vote to be held.
The BOCC action is a ministerial act that does not permit the BOCC to exercise
discretion whether to place a mill levy increase question on the ballot. See also 24-90-
112(1)(b)(III).
14.We were concerned by I.A.1.a. saying that the BPL is “governed by a Board (advisory in
Boulder)…” and we noticed that the authority of a Library Board per CRS is very
different than what is described in charter as the authority of the Library
Commission. Some clarity around CRS vs. the city’s charter (and if charter changes
would be required) would be helpful and also consider modifying the language in the
memo – the City Council functions more like the Board (per CRS).
We noted some discrepancy but were not engaged to address such concerns. We will
obtain a copy of the charter and other documents establishing the municipal library and
can address these concerns in the future.
15.Regarding the process for forming a district by ordinance/resolution or petition, it would
be helpful to have timelines developed. What happens if multiple governmental units
need to agree - city and county - and deadlines aren’t met and there isn’t mutual
agreement to extend the deadlines.
We will prepare a draft timeline for distribution at the meeting on October 18th for
discussion. These concerns should not sidetrack the effort at this time.
Attachment 4: Seter Vander Wall P.C. Q and A on Library District Report
3933
City Council Study Session Page 36 of 93
City of Boulder, City of Boulder Colorado Library Commission, David Farnan
Re: Response to Questions Regarding Report on Library District Formation and Operations
October 15, 2018
Page 6 of 7
{00369653 2}
In one instance we engaged in a petition process while negotiating the
ordinance/resolution and IGA in order to provide an incentive and demonstrate a
political will to timely complete the necessary steps.
16. If initiated by petition, the only funding mechanism is the mill levy? Is there no
obligation by any governmental unit to apply/dedicate other assets?
The primary funding mechanism is the mill levy. The District may also receive specific
ownership taxes, apply for grants etc. The statutes also provide that a “dedicated mill
levy” of the establishing entity[ies] can be transferred to the library district. I have legal
concerns about this process but it is provided for in the statutes.
17. If formed via a petition - is the County compelled to be the "governmental unit
establishing the library district"? Does the city have the choice whether to participate or
not?
The petition is required to identify the governmental unit(s) establishing the library
district. C.R.S.§ 24-90-107(3)(a). The Petition would be addressed to the BOCC, but the
governmental units establishing the district would be limited to those named in the
petition. The city could choose to participate if not named.
18. Can they provide more detail on how boundaries are established when formed by
resolution/ordinance or petition? Who can participate in influencing those boundaries?
Please see response to No. 4. The petition promoters or the establishing entities would
participate in the process. They could allow for participation by anyone they choose.
19. It appears if there are multiple governmental units establishing the library district that
most of the details are worked out through the IGA – can we have more details around
this process, who typically participates in the negotiations, how long it has taken to come
to agreement?
This observation is correct. The negotiation of the IGA will essentially determine whether
and how the district formation will go forward. The participating entities here will be the
Library Commission, City Council and governing body of any other establishing entity.
Once all of the issues that need to be addressed are determined, it has been relatively
easy to obtain consensus in the past. We have always taken the lead in the process
incorporating all of the establishing entities. This will be a 6-7month process.
20. We agree with Bob’s comment that we need to better understand TABOR implications
and whether a district can “de-bruce” as the city has.
TABOR applies to Districts in the same manner as the City. The proposed District may
“De-Bruce” upon the passage of an election question authorizing same. We would likely
draft the initial debt authorization question to include the language to “De-Bruce.”
Attachment 4: Seter Vander Wall P.C. Q and A on Library District Report
4034
City Council Study Session Page 37 of 93
City of Boulder, City of Boulder Colorado Library Commission, David Farnan
Re: Response to Questions Regarding Report on Library District Formation and Operations
October 15, 2018
Page 7 of 7
{00369653 2}
21.In II.B.2. it states that “…some control and mutual benefits can be determined and fixed
in the IGA.” Are there examples of cases where control over mutual financial benefits are
shared?
We are not certain what “mutual financial benefits” might mean; however, several of our
libraries obtained their own mill levy which then reduced the burden on the city/county
budget. In addition, some districts pay the city/county for services like janitorial, building
maintenance, personnel, accounting, procurement etc. Each of these arrangements was
negotiated with knowledge of the cost of obtaining the services from other sources and
was deemed beneficial to all parties. Some of these arrangements were temporary and in
others they have endured for 15-20 years, so far.
22.Do you have sample copies of any of the IGAs mentioned in the memo that you could
share with us?
Yes. We will bring copies with us to the meeting on the 18th and can walk through them
with you if there is no objection from the clients involved.
23.I.A.1.b. refers to 24-90-109(2)(a) and I couldn’t find a (2)(a) in that section of CRS.
The correct citation is C.R.S. § 24-90-108(2)(a).
24.I.A.2. refers to 24-90-104(6) and I couldn’t find a (6) in that section of CRS.
The correct citation is C.R.S. § 24-90-103(6).
Attachment 4: Seter Vander Wall P.C. Q and A on Library District Report
4135
City Council Study Session Page 38 of 93
KIM J. SETER
BARBARA T. VANDER WALL
JEFFREY E. ERB
ELIZABETH A. DAUER
COLIN B. MIELKE
RUSSELL NEWTON
CAMERON J. RICHARDS
{00374294}
7400 E. ORCHARD ROAD • SUITE 3300 • GREENWOOD VILLAGE, CO 80111 • 303-770-2700 • FAX: 303-770-2701
www.svwpc.com • e-mail: svw@svwpc.com
MEMORANDUM
TO: David Farnan, City of Boulder Library Commission, City of Boulder City Council
FROM: Seter & Vander Wall, P.C.; Kim J. Seter, Esq. and Elizabeth A. Dauer, Esq.
DATE: November 29, 2018
RE: Library District Formation- Ordinance/Resolution v. Petition
Library Districts may be formed by resolution or ordinance (“resolution”), or through a
petition and election process. The following chart compares the processes. We have also
provided brief “case studies” of our experience forming the Poudre River Public Library District
and the Berthoud Library District.
ORDINANCE/RESOLUTION PETITION
•Resolution is considered and
adopted by each establishing
entity. The District is established
when the Resolution is adopted.
•The Resolution must describe the
district’s legal service area
(“boundaries”) and provide for
electors to approve the proposed
mill levy.
•100 eligible electors residing in
the proposed library district
service area may submit a
petition addressed to the county
commissioners to form a District.
•The petition must include a
request for establishment, name
of the district, the governmental
units involved (“establishing
entities”) and contain a
description of the boundaries and
proposed mill levy.
•Upon receipt of the Petition, the
establishing entities may adopt a
Resolution establishing the
District (See, column to the left)
or submit the question of
establishment to a vote.
•Does not require an election to
form the entity, only a TABOR
election for the mill levy,
•The establishing entities may
require an election to form the
District and a TABOR election.
Attachment 5: Seter Vander Wall P.C. Library District Formation and Case Studies
4236
City Council Study Session Page 39 of 93
David Farnan, City of Boulder Library Commission, City of Boulder City Council
Re: Library District Formation – Ordinance/Resolution v. Petition
November 29, 2018
Page 2 of 4
{00374294}
debt/spending authorizations.
•Upon establishment, establishing
entities appoint first board of
trustees (5-7).
•Upon establishment, establishing
entities appoint first board of
trustees (5-7).
•Written IGA between
establishing entities entered into
90 days after trustee selection
(may be extended through
agreement).
•Written IGA between
establishing entities entered into
90 days after trustee selection
(may be extended through
agreement).
•The IGA describes the terms to
transition of library services to
the district including transfers of
real estate, library employees,
administrative, maintenance,
procurement, insurance,
employee benefits interim
funding; future trustee selection
methods; and interim funding, if
any.
•The IGA describes the terms to
transition library services to the
district including transfers of real
estate, library employees,
administrative, maintenance,
procurement, insurance,
employee benefits interim
funding; future trustee selection
methods; and interim funding, if
any.
Attachment 5: Seter Vander Wall P.C. Library District Formation and Case Studies
4337
City Council Study Session Page 40 of 93
David Farnan, City of Boulder Library Commission, City of Boulder City Council
Re: Library District Formation – Ordinance/Resolution v. Petition
November 29, 2018
Page 3 of 4
{00374294}
POUDRE RIVER PUBLIC LIBRARY
Poudre River Regional Public Library District was originally a municipal library. A
petitioner’s committee was formed to promote a district to increase funding and services by
spreading the cost over the entire user base, extending far outside the city.
The committee worked with library user data, library service need information, voter data
and demographic data to develop a proposed district boundary. The city and the county
commissioners were approached at the same time with a request to form the district by resolution
to simplify the campaign and election process.
The city and county chose to establish the district by resolution with a condition that it
would be dissolved if it did not obtain funding from the voters by a specified date. An interim
intergovernmental agreement was entered into with the city to ensure that representations to the
voters in a mill levy campaign as to the future of the library facilities was accurate.
The mill levy was approved by the voters within the proposed district which was much
larger than the city boundaries.
An intergovernmental agreement (“IGA”) was entered into that included a process for
transferring real and personal property to the library district along with employee rights and
obligations, retirement funds, etc.
The IGA provided for the district to purchase many services from the city including
personnel, training, building and grounds maintenance, contracting, contract administration,
procurement and accounting. Some these services have been taken over by the district but others
continue to be provided by the city on an hourly or annual fee basis. The IGA remains in place
for these services.
The District has remodeled and expanded its facility in Library Park in downtown Ft.
Collins, added to its collections and services, purchased and remodeled an administration
building, entered into an agreement with Front Range Community College for a shared library
facility and constructed a new library on the south end of the city. It is engaged in a facilities
study to determine a fourth branch location to be constructed in the next two years.
Attachment 5: Seter Vander Wall P.C. Library District Formation and Case Studies
4438
City Council Study Session Page 41 of 93
David Farnan, City of Boulder Library Commission, City of Boulder City Council
Re: Library District Formation – Ordinance/Resolution v. Petition
November 29, 2018
Page 4 of 4
{00374294}
BERTHOUD PUBLIC LIBRARY
Berthoud was formed through a petition process utilizing the city boundary as the district
boundary. The formation and the mill levy questions were asked at the same election. After some
confusion it was determined that the district formation had been approved but mill funding had
failed.
The library district successfully sought funding at a subsequent election. The city
continued to fund and operate the municipal library until district revenues were realized from the
new mill levy. There may have been some repayment to the city thereafter, but I do not recall.
A simple IGA was utilized to transfer the single library building and assets to the library
district, and it then began operations on its own.
The city council continues to ratify appointments to the library district board.
JEFFERSON COUNTY LIBRARY
We have been asked to comment on the failed attempt to form a library district for
Jefferson county. This comment is solely from our perspective. We are not aware of the
discussions that may have taken place outside meetings in which we were involved.
The county library board of trustees requested the formation of the district by resolution.
The County already had a mill levy dedicated to the library. I believe it is approximately
3.5 mills. However, the election question that approved the dedicated levy said the county could
use “up to” 3.5 mills solely for library purposes. Accordingly, the dedicated levy was part of the
aggregate county levy and part of its TABOR calculation for levy and revenue limitations.
The expectation was that the dedicated levy would support the library district until it
obtained its own levy at which time it would lapse or continue to be paid to the district. In either
event, it was solely available to the county for library purposes.
Library Trustees believed the library portion of the county levy was utilized by the
county as the variable to adjust for TABOR limitations. The ability to utilize the library levy in
this way became an issue in the formation of the district and appeared to be the greatest concern
about the formation of a district.
There was no effort to form the library district through the petition process and the
county commissioners declined to approve a formation resolution.
Attachment 5: Seter Vander Wall P.C. Library District Formation and Case Studies
4539
City Council Study Session Page 42 of 93
To: Mayor and Members of Council
City Manager
From: Boulder Public Library Commission
Date: November 14, 2018
Our thanks to Council members and the City Manager for your continued support of the
library. From our conversations with each of you we know that you recognize the
library’s value as an essential community institution, and that you sincerely want to
solve the library’s funding problem.
You have the dubious honor to be the third City Council briefed on the library’s ongoing
financial needs and available funding options. In two previous study sessions, one in
1997 and another in 2010, Council dutifully reviewed similar findings, heard from this
Commission, and took no action. We are hopeful that this time the community will see a
different result. After 25 years of benign neglect, you have the opportunity to make a
lasting impact by finally putting the library on a path to long term financial sustainability.
A. Comments and questions about the data and analysis presented in the
November 9, 2018 version of the “Financial Analysis memo and presentation for
the November 27, 2018 City Council Study Session.”1
There are four key questions to address in finding a long-term sustainable funding
solution for our library:
1.What does it cost to run the library?
2.What options are available to fund those costs?
3.What are the relative impacts to taxpayers under different funding scenarios?
4.What are the relative impacts and benefits to the library and the city’s budget
under different funding scenarios?
We appreciate the work GK Baum has done in developing the background data and
analysis for this memo. However, we note that the scenarios and tables presented in
the memo do not present commensurate comparisons of either base costs or impacts to
taxpayers.
The true cost of running the library system is the sum of three components:
Costs to deliver programs and services. The recently adopted master plan
establishes a framework to determine the costs of program and service delivery
over the next five years.
Administrative costs necessary to operate the library system. This category
includes communications/marketing; legal services; finance’ risk
1 reviewed by the Library Commission at a special meeting on November 14, 2018.
Attachment 6: Library Commission memo to City Council regarding the financial analysis
4640
City Council Study Session Page 43 of 93
2
management/insurance; payroll administration; human resources; staff support to
Commission & Council; IT; and ongoing facilities maintenance. The memo titles
this category as “cost allocation” and assigns a cost of $3.3 8 million to this
category (based on the 2019 budget).
Costs to address the substantial backlog of deferred maintenance in library
facilities. Funding for the facilities backlog is represented as an annual cost in
the model, with large repairs and small capital projects spread out over 15 years.
The model includes $3.9 million in backlog for the next five years (based on a list
identified by FAM during the course of the master plan), allocated as $778, 000
annually between 2020-2024. There are additional costs in facilities backlog in
subsequent years ranging from $200,000 in 2020 to $1.3 million in
2023. Beginning in 2026, the model assumes an average annual cost of around
$600,00 to address the backlog. The library's portion of deferred maintenance is
25% of the City's total, as reported by FAM.
The “municipal governance” scenarios do not reflect the “true cost” of running the library
because they exclude administrative costs (i.e. the $3.38 million in “cost allocation”
noted in Table 2). Administrative costs ARE included in the “district governance”
scenarios, a fact that is not disclosed in the memo. Removing administrative costs from
the municipal scenarios understates the dollars needed by the city to run the library and
is equal to about one mill of property tax.
The rationale offered in the memo is that administrative costs would continue to be paid
by the city’s general fund. But these are actual costs of running a library--whether they
are currently distributed across property taxes, or sales taxes, or fees doesn’t matter:
taxpayers pay them. For an equivalent comparison, the true costs of running the library
should be the same in all scenarios 2.
In addition, when addressing impacts to taxpayers, “municipal governance” scenarios
#4 & #5 exclude the current dedicated .333 mill levy collected for library services (or
assume that it continues)3. Again, an equivalent comparison of impacts to taxpayers
should include all property taxes paid and not just new assessments.
These problems are most clearly seen by comparing Municipal Scenario 4 / Table 5 and
District Scenario 1 / Table 6. These scenarios should be identical: both address fully
funding the library through dedicated property taxes assessed only against City of
Boulder taxpayers. In both scenarios the taxing boundaries are identical. By failing to
include administrative costs and the current .333 mill, Table 5 substantially understates
both revenues needed and taxpayer impact.
B. Library Commission Recommendations to Council
As stated in our forward to the 2018 Library Master Plan, th is Commission believes that
the community is best served by funding the library through dedicated property tax
2 Moreover, the question of whether to fund administrative costs through the general fund or
through cost allocation from a dedicated fund is a policy decision for Council.
3 Please reference Table 4 on Page 8 of the memo.
Attachment 6: Library Commission memo to City Council regarding the financial analysis
4741
City Council Study Session Page 44 of 93
3
assessed within taxing boundaries that provide a better alignment between the library’s
user base and its funding base. A majority of libraries in the state of Colorado have
achieved this more equitable approach to funding by forming library districts . The
Library Commission believes that this offers the most sustainable approach for long
term library funding.
From an equitable perspective, we would never recommend that city of Boulder
residents alone bear the cost of running the library in a district. Fully 1/3rd of active
Boulder library users reside outside of city limits. Relative impacts to city of Boulder
residents alone versus taxpayers in a broader district can be clearly seen by comparing
Table 6 and Table 8. A district is also advantageous for people outside the City limits
because it offers them the opportunity of direct representation and accountability.
Expanding the library’s funding base also allows the library to better serve all of its
patrons. Taxes assessed solely within the city of Boulder at the level of “Maintain
Service” [see Table 6, line 1, column 1] would o nly yield funds sufficient to maintain the
status quo. This means no operating costs for the new North Bo ulder branch, nor
equalizing library hours, nor opening a corner library in Gunbarrel. In a district based on
the “expanded boundary” (scenario 3 on page 11) the library could achieve the Master
Plan’s “service expansion” goals at a cost of 0.2 mills less per household for Boulder
taxpayers, and still have dollars in hand to address the increased service demands
associated with a broader population base.
Funding the master plan at the vision/expansion level will cost City of Boulder residents
roughly 20% more per household than a district model which matches the user base
and funding base. It’s simple math: if you broaden the funding base from approximately
65% of library users to 90% of library users you decrease the price that individual
homeowners pay.
Finally, we would note that establishing a library district could provide some relief to our
oversubscribed city budget, freeing up annual revenues cu rrently used for the library for
other purposes--around $6.7 million in general fund revenues and approximately $1.7
million in property taxes (based on the 2019 budget).
The library commission believes that the decision about how to best fund the library is
ultimately up to the community. Six of the eight options before you require an election,
so we anticipate a library funding election in 2019 or 2020. Polling is an essential step
in planning for an election. We therefore request that council authorize the library to
fund a poll aimed at gauging support for library funding, using monies from the library
reserve to fund the effort.
Thank you for your willingness to tackle this challenging issue - and for your support of
our wonderful library system.
Attachment 6: Library Commission memo to City Council regarding the financial analysis
4842
City Council Study Session Page 45 of 93
LIBRARY VALUE ESTIMATES
Meadows, Main, Reynolds and Carnegie
October 8, 2018
INTENDED USE OF THE APPRASAL
The intended use of this appraisal is to estimate the market value of the subject properties as part of an
examination of the value of Library assets for planning purposes.
METHODOLOGY
The value of the library properties was estimated by adding together the estimated value of the library
buildings and the estimated values of the parcel or parcels of land necessary to include all portions of
the library building.
Buildings The value of the buildings were adopted unchanged from City of Boulder records that
indicate the value of city buildings for insurance purposes.
Land Land values were estimated using known comparable sales and Boulder County
Assessor records.
Definition of market value Market value is the most probable price which a property should sell for
in an open market under fair sale conditions where the buyer and the seller act prudently with
knowledge and neither has an undue stimulus to complete the transaction.
Data Sources The sources for the data relied on in this report are: City of Boulder View Reports, City of
Boulder Laserfiche records, building insurance values reported in FAM’s Excel table, Boulder County
Assessor’s Office, Boulder County Clerk and Recorder’s Office, Multiple Listing Service and recently
reviewed appraisal reports.
MEADOWS LIBRARY
Estimated Market Value = none
The City does not own the 7,812 sq ft building or the land under it that is used as the Meadows Library.
The Meadows Library has been leased to the city rent free since 1988. Below are snapshots of portions
of the lease that negatively affect the marketability and value of the Meadows Library.
In my opinion the terms of the lease prevent the Meadows Library from being used as anything other
than a branch of the City Library. According to the lease terms, the lease is not assignable. Therefore, my
value conclusion is the property has no market value unless the lease terms are revised.
LEASE TERM The lease term is uncertain. How long will the Safeway or a comparable anchor
tenant remain?
Attachment 7: Library Assessed Property Values
4943
City Council Study Session Page 46 of 93
PERMITTED USE The Permitted use is limited to a branch of the City’s public library.
LEASE ASSIGNMENT The lease is not assignable. It would be assignable if the Landlord would
agree but in my opinion that would not happen because the library is a large rentable space not bringing
in rent in a shopping center where vacancy already challenges expected rent revenues.
MAIN LIBRARY
Estimated Market Value = $24,073,000
PROPERTY DESCRIPTION For the purposes of this report the Main Library includes one building
and two parcels of land:
Building 1- the entire building on both sides of the creek
Land 1- the parcel of land south of the creek that includes Building 1
Land 2- the parcel of land adjacent to the east of Land 1 that includes the plaza and the
vehicle pick-up / drop-off lane on the east edge of the plaza. Note- additional
parcels of land to the east that include the associated shared parking lot were
not included.
Note- no land north of the creek was included
ZONING Public (surrounded by RMX-1)
BUILDING VALUE
Adopted value Building 1: $17,305,000 (88,672 sq ft @ $195/sq ft)
LAND VALUE
Estimated value Land 1: $5,046,400 (50,464 sq ft X $100 /sq ft
Estimated value Land 2: $1,721,600 (17,216 sq ft X $100/ sq ft
TOTAL $6,768,000
TOTAL VALUE = $24,073,000
Attachment 7: Library Assessed Property Values
5044
City Council Study Session Page 47 of 93
REYNOLDS LIBRARY
Estimated Market Value = $3,383,200
PROPERTY DESCRIPTION For the purposes of this report the Reynolds Library includes one
building and one parcel of land.
ZONING RM-2 Residential Medium Density 2
BUILDING VALUE Adopted value of the Building: $1,585,844 (10,371 sq ft @ $/153sq ft)
LAND VALUE One parcel of land includes the entire building and the entire associated parking lot.
Estimated value of the Land: $1,797,400 (47,300 sq ft X $38 /sq ft)
TOTAL VALUE = $3,383,244 rounded to $3,383,200
CARNEGIE LIBRARY
Estimated Market Value = $1,534,900
PROPERTY DESCRIPTION For the purposes of this report the Carnegie Library includes one
building and one parcel of land.
ZONING RH-2 Residential High 2
BUILDING VALUE Adopted value of the building: $892,299
LAND VALUE One parcel of land included the building and 2 parking spaces off the alley.
Estimated value of the Land: $642,620 (5,588 sq ft X $115/sq ft)
TOTAL VALUE $1,534,919 rounded to $1,534,900
Building the entire building
Land the parcel of land that includes the entire building and the 2 off-alley parking
spaces
Zoning RH-2 Residential High Density 2
DISCLOSURES
The appraiser has not inspected the title to the properties. The appraiser has not inspected the
buildings. The appraiser does not guarantee that the properties are free of defects or environmental
problems. Hiring a professional building inspector is recommended. The appraiser provides an opinion
of value. Unavailable information may confirm or change the appraiser’s opinion of value.
Attachment 7: Library Assessed Property Values
5145
City Council Study Session Page 48 of 93
To the best of my knowledge and belief the statements of fact contained in this report are true and
correct, the analyses, opinions and conclusions are my personal, impartial and unbiased professional
analyses, opinions and conclusions. I have no bias with respect to any property that is the subject of this
report or to the parties involved with this assignment.
Sincerely,
Doug Newcomb
City Property Agent, Appraiser
Real Estate Broker, Realtor
Ofc 720-564-2033
Cell/Text 303-520-0565
Email: newcombd@bouldercolorado.gov
ADDENDUM
MEADOWS LIBRARY
Attachment 7: Library Assessed Property Values
5246
City Council Study Session Page 49 of 93
SHOWN IN YELLOW
MAIN LIBRARY
Attachment 7: Library Assessed Property Values
5347
City Council Study Session Page 50 of 93
Reynolds Library
Attachment 7: Library Assessed Property Values
5448
City Council Study Session Page 51 of 93
CARNEGIE
Attachment 7: Library Assessed Property Values
5549
City Council Study Session Page 52 of 93
Library Financial Analysis
City of Boulder
GEORGE K. BAUM & COMPANY | 1400 Wewatta Street, Suite 800 | Denver, CO 80202
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 53 of 93
Background
Kady Doelling, Executive Budget Officer
Library Financial Analysis
Robyn Moore and Matthew Dempsey, George K. Baum & Company
•Key assumptions
•Cost estimates and funding scenarios
•Tax impact analysis for sustainable library funding for each scenario and
service level
•Council questions and discussion
District Formation and Governance
David Gehr, Chief Deputy City Attorney
•Council questions and discussion
Agenda
1
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 54 of 93
2016 through 2017
Extensive public outreach to develop master plan goals
June 6, 2018
Library Commission endorsed draft master plan
July 24, 2018
City Council study session on draft master plan
Aug. 16, 2018
Planning Board endorsed draft master plan
Sept. 4, 2018
City Council accepted draft master plan
Nov. 27, 2018
Obtain City Council direction on sustainable funding for the library
•Library financial analysis and sustainable funding options
•Information on library district governance and structure
Background: Master Plan Process
2
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 55 of 93
Maintain Service Levels (Fiscally-constrained)
Primary goal: maintain service level and quality
•Continue to make the most of existing resources
•Essential operational changes that requires limited funding to accomplish
Examples:
•Reinstating the 2019 proposed staffing reductions
•Adding staff, operating and maintenance budget to maintain current
service levels
•Funding for a Main Library north building renovation feasibility study and
modest reconfigurations
•Support funding of the facilities maintenance backlog
Background: Master Plan Service Levels
3
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 56 of 93
Meet Community Demand (Action)
Primary goal: implement service or capital improvements when
additional funding is available
•Strategically enhance existing programs, begin new alternative programs
•Address unaccomplished 2007 Library Master Plan vision plan goals
•Initiate other strategic changes that require additional operating or capital
funding
Examples:
•North Boulder branch library (NoBo)
•Expand youth programs at all branches
•Increase materials budget
•Add staff for NoBo and system-wide to meet demand
Background: Master Plan Service Levels
4
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 57 of 93
Service Expansion (Vision)
Primary goal: Service expansion by way of new programs, services
and facilities
•Expand services and implement new programs identified from
community input that were not included in the 2007 Library Master Plan
Examples:
•Gunbarrel Corner Library
•Add staff for Gunbarrel Corner Library and system-wide outreach
programs
•Canyon Theater activation pilot program
Background: Master Plan Service Levels
5
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 58 of 93
September-October, 2018
2019 budget additions approved by Council:
•$380,000 to meet “maintain service level” master plan goals
•$5,000 to reinstate the library’s work study program
•$126,000 for library programs and to support volunteer services (reallocated
special events salary)
George K. Baum & Company hired to conduct financial analysis in October
2018.
Background: Analysis of Library Funding Needs
6
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 59 of 93
Background: 2019 Total Library Costs
7
$8.9M
Operating budget
$800,000
Capital budget
$380,000
Facilities
(maintenance & capital)
$3.4 M
Cost Allocation
2019 Library Approved Budget (direct costs) $9.7 M
2019 Facilities Capital and Cost Allocation (indirect costs) $3.78 M
2019 Total Cost $13.4 M
Figure 1.
•Communications
•Council/Board Support
•Legal
•Finance/Risk
•HR
•IT
•Insurance
•Building Maintenance
•Facilities
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 60 of 93
Library Financial Analysis
Robyn Moore and Matthew Dempsey
George K. Baum & Company
8
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 61 of 93
•Compile all current operating and capital costs to determine total cost for running the library
•Identify key assumptions for the analysis
•Evaluate funding requirements for Master Plan Service Levels
–Maintain Service Levels
–Meet Community Demand
–Service Expansion
•Develop funding scenarios for a Municipal Library
–Identify funding needs
–Determine tax options and levels for each scenario
•Develop funding scenarios for Library District service areas
–Identify funding needs
–Determine tax levels for each service area
Financial Analysis: Purpose
9
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 62 of 93
Key
Assumptions
Service Costs
•Operating
•Cost Allocation
•Capital Outlay
Growth Rates and Fund Balance
•Revenue and Expense
Possible Library District Service
Areas and Assessed Values
Additional Library Materials Cost
for Library District
10
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 63 of 93
Operating includes personnel and non-personnel recurring
costs
•Personnel and non-personnel costs were inflated,
separately
•Recurring costs reflect the library service levels
Cost Allocation
•The analysis begins in 2019
•2018 estimates for cost allocation from the General Fund were
used
Key Assumptions: Service Costs
11
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 64 of 93
Key Assumptions: Capital Outlay
12
Capital and Maintenance Backlog
•$780,000 annually from 2020-2024 to account for $3.9M backlog
•Typically allocated to Facilities and Asset Management (FAM)
Annual Capital and Maintenance Expenses
•Average of $670,000 from 2019-2033
•Typically allocated to Facilities and Asset Management (FAM)
North Boulder Branch Library
•$5.0M of construction costs from 2019-2023 funded by Community, Culture, Safety Tax
•$1.7M of development costs in 2020 funded by Development Excise Tax
Major Library Renovations
•$2.5M in 2024
•$5.0M in 2029
Materials Handling Machine Replacement
•$1.3M in 2024
Gunbarrel Corner Library (Only in Master Plan Service Expansion)
•$468,000 in 2024
Additional Corner Library (Only in Library District Expanded Boundary Scenario)
•$486,000 in 2024
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 65 of 93
Key Assumptions: Growth Rates and Fund Balance
13
Growth Rates
Revenues
Property Tax –Assessed Value
•5.0% in tax years 2020 and 2022 (aligns with City’s budget model)
•4.0% in reassessment years thereafter
Sales & Use Tax –Taxable Sales
•Aligned with City’s budget model from 2019-2024 (1.00% -1.75%)
•2.0% annually after 2025
Expenses
•Personnel:3.0% annually
•Non-Personnel/Capital Outlay: 1.0% annually
Fund Balance
–Municipal Library aligned with city’s fund balance goal of 20%
–Library District assumes 20% fund balance
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 66 of 93
City of Boulder
•All properties within the City
City of Boulder Planning Area (BVCP)
•All properties within the City
•Boulder Valley Comprehensive Plan Area
Expanded Boundary
•This boundary most closely aligns the library’s patron base with a
funding base
•All properties within the City
•Boulder Valley Comprehensive Plan Area
•Several voting precincts within Boulder County including portions
of Niwot as well as the mountain communities west of the City
Key Assumptions: Library District Service Areas
14
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 67 of 93
Key Assumptions: Library District -Materials and Facilities Needs
15
Library Master Plan Goal
Materials budget reaches $14 per capita over ten years
If a Library District is formed with a larger service area,
additional budget for library materials is required to meet
this goal due to an increased population base
•Costs grow each year from 2019-2024 until $14 per capita is
achieved
Additional Corner Library Facility in Expanded Boundary
Scenario only
•$486,000 one-time library construction cost in 2024
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 68 of 93
Funding
Requirements
for
Master Plan
Service Levels
and the Gap
•Maintain Service Levels
(Fiscally-constrained)
•Meet Community Demand
(Action)
•Service Expansion
(Vision)
16
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 69 of 93
Municipal Library Scenarios: Total Budget Needs by Service Level 2020-2024
17
Notes:
•Capital outlay = total one-time capital and ongoing facilities costs
•2020-2021 includes capital outlay for North Boulder branch library
$18.3M
$21.0M $21.3M
$15.5M
$17.4M
$18.2M
$14.9M
$16.8M
$17.8M
$15.9M
$17.8M
$18.6M $19.3M
$21.4M $22.1M
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Operating Expenses Capital Outlay Cost Allocation
2020 2021 2022 2023 2024
Figure 2.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 70 of 93
Additional budget needs by service level to fund the gap between the
2019 budget and 2020 funding requirements.
Note:
•Scenarios do not include $3.38 million cost allocation (2019); it is assumed to be
covered by the General Fund.
Municipal Library Scenarios: 2020 Additional Budget Needs by Service Level
18
Service Level
Maintain
Service
Levels
Increase to
Meet
Community
Demand
Meet
Community
Demand
Increase
for Service
Expansion
Service
Expansion
Ongoing Operating Expenses $243,582 $1,468,477 $1,712,059 $125,000 $1,837,059
New Capital Outlay Identified in Master Plan $173,417 $1,321,030 $1,494,447 $102,010 $1,596,457
Facilities Backlog, Replacement and Soft Costs $1,043,717 -$1,043,717 -$1,043,717
Total Unfunded in 2020 $1,460,716 $2,789,507 $4,250,223 $227,010 $4,477,233
Table 1.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 71 of 93
Additional budget needs and estimated tax rates by service level to
fund the gap between base year 2019 compared to each year after
2020-2024.
Municipal Library Scenarios: Funding the Gap 2020-2024
19
Notes:
•Scenarios do not include $3.38 million cost allocation (2019); it is assumed to be covered by the
General Fund.
•Total in 2024 increase due to $2.5 major renovation.
2020 2021 2022 2023 2024
Maintain Service Levels
Dollar Cost ($)$1,460,716 $1,857,862 $2,320,043 $3,275,954 $7,494,338
Property Tax (Mills)0.379 0.483 0.574 0.810 1.782
Sales Tax Rate (%)0.039%0.048%0.060%0.083%0.186%
Meet Community Demand
Dollar Cost ($)$4,250,223 $3,709,622 $4,242,952 $5,247,445 $9,515,777
Property Tax (Mills)1.104 0.963 1.049 1.298 2.263
Sales Tax Rate (%)0.113%0.097%0.109%0.132%0.236%
Service Expansion
Dollar Cost ($)$4,477,233 $4,575,950 $5,196,972 $5,970,808 $10,258,782
Property Tax (Mills)1.163 1.188 1.285 1.477 2.440
Sales Tax Rate (%)0.119%0.119%0.133%0.151%0.254%
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 72 of 93
•The map and Assessed Valuations on the following two slides
serve as a basis for the tax impact analysis.
•Modifications to these service area boundaries could change
the mill levy required for sustainable library funding.
Key Assumptions: Library Service Areas
20
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 73 of 93
Library Service Areas Map
21
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 74 of 93
Library Service Area Assessed Values
22
(1)Assessed value estimated based on Boulder County Assessor data for properties within the boundaries of BVCP and
the expanded area.
City of Boulder
Service Area
BVCP Outside
City Limits
BVCP Service
Area
Outside BVCP
Area
Expanded
Service Area
Population 109,775 19,761 129,536 31,759 161,295
Residential Assessed Value $1,775,917,940 $400,194,382¹$2,176,112,322 $279,643,529¹$2,455,755,851
Non-Residential Assessed Value $1,891,116,139 $283,217,830¹$2,174,333,969 $58,460,454¹$2,232,794,423
Total Assessed Valuation $3,667,034,079 $683,412,212¹$4,350,446,291 $338,103,983¹$4,688,550,274
Revenue Generated by 1 mill $3,667,034 $683,412 $4,350,446 $338,104 $4,688,550
Revenue Generated by 0.10% Sales Tax $3,682,650 N/A N/A N/A N/A
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 75 of 93
Municipal
Library
Scenarios
•Funding options
•Taxes needed for sustainable
funding
23
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 76 of 93
Municipal Library: Funding the Average Gap (2020-2024)
24
Notes:
•All scenarios assume that Library Fund 0.333 mill levy is maintained.
•Scenarios do not include $3.38 million cost allocation (2019); it is assumed to be covered by the General
Fund.
•Gap includes both operating and capital outlay expenses.
Scenario Revenue
Source
Service Level
Impact/IssuesMaintain
Service
Levels
Meet
Community
Demand
Service
Expansion
#1 No tax increase $3.3 million $5.4 million $6.1 million
•$ must be reallocated from
other General Fund services
#2
Dedicated tax
rate
•Reallocated
•New
0.806 Mills or
0.083% sales
tax
1.336 Mills or
0.137% sales
tax
1.511 Mills or
0.155% sales
tax
Reallocation from General Fund
services:
•$ amount and impacts same
as Scenario #1
•Reduces General Fund’s
revenue diversity
Charter change required for
Meet & Expansion levels
Table 2.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 77 of 93
Municipal Library: Additional New Taxes to Fund Direct Library Costs Only
25
Scenario Revenue Source
Service Level
Impact/IssuesMaintain
Service Levels
Meet
Community
Demand
Service
Expansion
#3 Sales Tax Only (%)0.275%0.325%0.345%•Vote required
#4 Property Tax Only (Mills)2.620 mills 3.150 mills 3.330 Mills
•Vote required
• Charter
change
required to
increase the
mill levy limit
#5
Sales and
Property Tax
Combination
Sales Tax
(%)0.150%0.150%0.150%
•Vote required
• Charter
change
required to
increase the
mill levy limit
Property Tax
(Mills)1.160 mills 1.690 mills 1.860 mills
Notes:
•All scenarios assume that 0.333 mill Library Fund mill levy is maintained.
•Scenarios do not include $3.38 million cost allocation (2019); it is assumed to be covered by the General
Fund.
•All scenarios assume a dedicated municipal library fund would have a 20% fund balance goal.
Table 3.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 78 of 93
Property tax increase for Scenario #4 on the prior slide.
Municipal Library Scenario #4 -Increase for Property Owners
26
Service Levels
Maintain Service
Levels
Meet Community
Demand Service Expansion
Property Tax (Mills)2.620 mills 3.150 mills 3.330 mills
Residential Property Tax Increase
Annual Property Tax on $850K Home ($)1 $160 $193 $204
Annual Property Tax on $1 million Home
($)1 $189 $227 $240
Commercial Property Tax Increase
Annual Property Tax on $1 million market
value $760 $914 $966
(1)Property tax increase excludes the Library Fund 0.333 mill levy.
Note:
•Scenarios do not include $3.38M cost allocation (2019); it is assumed to be covered by the General Fund.
Table 4.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 79 of 93
Library District
Service Area
Scenarios
•Funding options
•Taxes needed for
sustainable funding
27
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 80 of 93
Library District: Property Tax Rates by Service Area
28
(1)All scenarios assume that 0.333 mill Library Fund Mill Levy is not maintained.
(2)Scenario #7 and #8 assumes additional library materials costs of $14 per capita.
(3)Scenario #8 assumes additional corner library expenses of $486,000 in 2024.
Notes:
•If the Library District was required to purchase the library facilities, the mill levy would increase by
approximately 0.60 mills in Scenario #6, 0.51 mills Scenario #7, and 0.47 mills in Scenario #8.
•All scenarios include $3.45M cost allocation beginning in 2020.
•All scenarios assume a 20% fund balance.
Scenario Service Areas
Service Level
Maintain
Service Levels
Meet
Community
Demand
Service
Expansion
#6 City of Boulder Boundary 3.850 mills¹4.380 mills¹4.560 mills¹
#7 BVCP Boundary2 3.290 mills¹3.730 mills¹3.880 mills¹
#8 Expanded Boundary2,3 3.110 mills¹3.520 mills¹3.660 mills¹
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 81 of 93
Library District: Scenario #6 –Increase for Property Owners
29
Service Level
Maintain Service
Levels
Meet Community
Demand Service Expansion
Property Tax (Mills)3.850 mills 4.380 mills 4.560 mills
Residential Property Tax Increase
Library Tax on $850K home ($)$236 $268 $279
Library Tax on $1 million home ($)$277 $315 $328
Commercial Property Tax Increase
Annual Property Tax on $1 million
market value $1,117 $1,270 $1,322
Note:
•The 0.333 mill Library Fund property tax levy is not maintained.
City of Boulder Boundaries Only
Table 5.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 82 of 93
Library District: Scenario #7 –Increase for Property Owners
30
Service Levels
Maintain Service
Levels
Meet Community
Demand Service Expansion
Property Tax (Mills)3.290 mills 3.730 mills 3.880 mills
Residential Property Tax Increase
Library Tax on $850K home ($)$201 $228 $237
Library Tax on $1 million home ($)$237 $269 $279
Commercial Property Tax Increase
Annual Property Tax on $1 million
market value $954 $1,082 $1,125
Notes:
•The 0.333 mill Library Fund property tax levy is not maintained.
•Includes additional library materials costs of $14 per capita.
BVCP Boundary
Table 6.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 83 of 93
Library District: Scenario #8 –Increase for Property Owners
31
Service Level
Maintain Service
Levels
Meet Community
Demand Service Expansion
Property Tax (Mills)3.110 mills 3.520 mills 3.660 mills
Residential Property Tax Increase
Library Tax on $850K Home ($)$190 $215 $224
Library Tax on $1 million Home ($)$224 $253 $264
Commercial Property Tax Increase
Annual Property Tax on $1 million
market value $902 $1,021 $1,061
Notes:
•The 0.333 mill Library Fund property tax levy is not maintained.
•Includes capital and operating expenses for an additional corner library.
•Includes additional library materials costs of $14 per capita.
Expanded Boundary Based on Patron Use
Table 7.
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 84 of 93
•If a Library District is formed, the City may gain funding capacity from
library direct costs.
•The following estimates are based on the 2019 library budget:
Library District: Possible City Funding Capacity Gained
32
2020 2021 2022 2023 2024 5-year
Total
Operating Budget $8.90M $9.10M $9.31M $9.53M $9.75M $46.59M
Facilities Capital $0.38M $0.39M $0.40M $0.41M $0.42M $1.99M
Total $9.28M $9.49M $9.71M $9.94M $10.16M $48.58M
2025 2026 2027 2028 2029 10-year
Total
Operating Budget $9.97M $10.20M $10.44M $10.68M $10.92M $98.80M
Facilities Capital $0.43M $0.44M $0.45M $0.46M $0.47M $4.22M
Total $10.40M $10.64M $10.88M $11.13M $11.39M $103.02M
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 85 of 93
End of Financial Analysis
Does council have questions
about the financial analysis and
scenarios?
33
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 86 of 93
District Formation and Governance
David Gehr
City of Boulder
34
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 87 of 93
Establishing a Library District Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 88 of 93
•The establishing entities determine the appropriate
boundaries
•Public hearing and 90 days written notice of the proposed
establishment to other “governmental units”
•The resolution or ordinance must describe:
•The district’s legal service area
•Identify and provide that the electors must approve the proposed
mill levy
•The establishing entities appoint the first board of trustees (5
or 7 members) to the library district
Establishing the District by Resolution/OrdinanceAttachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 89 of 93
•Within 90 days (or as may otherwise be agreed upon by
parties) enter into an intergovernmental agreement
•Establish a deadline to obtain funding by the TABOR Amendment
•Provide terms to transition library services from the establishing
entities to the district
•Any conveyance by donation or sale of real and personal property
used to provide library services
•The transition of library employees from the establishing entity to the
library district
•Interim funding, if any
•Administrative, maintenance, personnel, procurement, insurance,
employee benefits etc. through contract with an establishing entity
•Establishing procedures for future library trustee selection
•Generally providing for a mutually beneficial relationship or
separation
•If the district does not obtain funding the IGA may require it to
dissolve
Adoption of the Resolution/OrdinanceAttachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 90 of 93
•One hundred electors residing in the proposed library district
“service area” can trigger an election to form a district by
petition
•The petition is addressed to the County Commissioners and must
be filed at least 90 days before a TABOR election
•The petition must comply with C.R.S.§24-90-107(3)(a), including
a request for establishment of the district, name of the district, the
governmental units involved and contain a description of the
“service area” and proposed mill levy
•A bond must be filed to pay election expenses in the event the
election is unsuccessful unless waived by the county
•Once in receipt of the petition, the establishing entities must:
•pass a resolution or ordinance establishing the district or
•submit the question of establishment to a vote.
•After a successful election, library trustees must be appointed
and an IGA is to be negotiated to address the matters discussed
in above
•A TABOR election will be required to establish the mill levy
Establishing the District by Petition of Registered ElectorsAttachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 91 of 93
End of Formation & Governance
Does council have questions
about the formation and
governance section?
39
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 92 of 93
•Which of the increased levels of funding outlined in the master plan does council support (Maintain service levels, Meet community demand, Service expansion/vision)?
•Does council want staff to conduct public polling to determine the community’s interest in increasing library funding and support?
•If council prefers the library remain a municipal library:
–Do council members wish to pursue a specific financing option(s)?
–Should staff move forward with preparing a proposed 2019 ballot question to increase City of Boulder sales tax and/or property tax to generate revenue to fund a municipal library?
•If council prefers the library district as an option:
–Does council desire to schedule a meeting with Boulder County Commissioners to further discuss creation of a district and Intergovernmental Agreement?
–Should the boundaries of the library district include the Boulder Valley Comprehensive Plan (BVCP) only, or the expanded boundary that includes the City of Boulder, the BVCP area and Niwot/portions west of the city?
–Should staff draft proposed 2019 ballot question language for the purpose creating a library district?
Additional Council Questions
40
Attachment 8: Presentation for November 27, 2018 Study Session
City Council Study Session Page 93 of 93