HomeMy WebLinkAboutCouncil Packet 11/08/2010
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 8.2010 7:00 p.m. Individuals with disabilities are encouraged
to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting
if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF October 25.2010 PROCLAMATIONS AND
CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish , may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish
to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA 1. CONSENT AGENDA A. Motion
to approve Award of RFP-1 0-26 Custodial Locker Room Services to Service Solutions, Denver, CO in the amount of $31,659. B. Motion to approve Award of RFP-10-28 Custodial Services for
Citywide Offices to Kleen-Tech, Inc., Denver, CO in the amount of $45,991.47. C. Resolution 60-2010 -approving submittal of the application for a 2011 Joint Venture Grant to Jefferson
County Open Space for the Construction of Phase III of Discovery Park.
CITY COUNCIL AGENDA: November 8, 2010 Page -2-PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 17-2010 -An Ordinance repealing and reenacting Section 11-53 of the Wheat
Ridge Code of Laws concerning application of the State Liquor Laws within the City. ORDINANCES ON FIRST READING 3. Council Bill 18-2010 -An Ordinance revising Chapter 20 of the Wheat
Ridge Code of Laws, Concerning Stormwater Quality and Control. DECISIONS, RESOLUTIONS, AND MOTIONS 4. Motion to approve the proposed changes to Council Rules of Order and Procedure.
5. Motion to appoint Scott Ohm to fill District II Planning Commission Vacancy. 6. Resolution 59-2010 -A Resolution adopting the City budget and appropriating sums of money to the various
funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2011 Budget Year. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS'
MATTERS ADJOURNMENT to STUDY SESSION
CITY OF WHEAT RIDGE, COLORADO October 25.2010 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen
Berry, Joyce Jay, Davis Reinhart, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Manager, Patrick Goff; Interim Administrative Services Director, Heather Geyer;
Director of Public Works, Tim Paranto; Police Chief, Dan Brennan; staff; and interested citizens. Council Member Langworthy was absent. APPROVAL OF MINUTES OF October 11. 2010 Motion
by Mrs. Sang for approval of the Minutes of October 11 , 2010; seconded by Mr. Stites; carried 7-0. PROCLAMATIONS AND CEREMONIES Molly Hanson and Greg Seabart of LiveWell Wheat Ridge
were in attendance and presented awards of recognition and appreciation to the Wheat Ridge Police Department for their partnership and commitment in making Wheat Ridge a healthy and
safe community. Individual recognitions were presented to the following Police Department personnel: Officer Heather Kendall, Sergeant Paula Balafas, Officer Betsy Sailor, Detective
Kyle Eversole, Lieutenant Wade Hammond and Chief Daniel Brennan. CITIZENS' RIGHT TO SPEAK Jesse Hill expressed his disappointment in the attitude shown by the City Council with their
referral of Ballot Issue 2A, assuming they think they're better than the citizens at choosing our trash service company. He also expressed disappointment in Council attempting to buy
the votes of seniors by offering a senior discount while pitting one class of citizens against another. The fact that the issue was referred by Council after only a single town meeting
and based on a skewed survey, shows this is nothing more than a top-down imposition on citizens. It will kill jobs, put several companies out of business and prevent other trash companies
from starting up in the City. Mr. Hill urged Council to recall Ballot Issue 2A. Karen Thaler warned neighbors in the east end of Wheat Ridge that coyotes have been frequenting neighborhoods
and attacking and killing pets. She urged everyone to please take care to protect your pets.
Britta Fisher executive Director of WR2020, expressed the positions of the organization on numerous ballot issues. She believes state issues 60, 61 & 101 are damaging to our local communities
and to the business environment. They are in support of Wheat Ridge Ballot Issue 2A, that it will mitigate the damage to local streets from trash trucks which would saves city funds
for street maintenance. It also allows Council to determine a franchise plan that does not necessarily create a monopoly or send all other trash companies out of business, as the Council
has the choice to issue multiple franchises throughout the city. ORDINANCES ON FIRST READING 1. Council Bill 17-2010 -An Ordinance repealing and reenacting Section 11-53 of the Wheat
Ridge Code of Laws concerning application of the State Liquor Laws within the City. Motion by Mr. Stites to approve Council Bill No. 17-2010 on first reading, order it published and
set for a public hearing on November 8, 2010 at 7:00pm in City Council Chambers, and that it take effect 15 days after publication; seconded by Mrs. Sang ; carried 7-0. DECISIONS, RESOLUTIONS,
AND MOTIONS 2. Motion to accept a Permanent Easement from the Beth Eden Centenary Baptist Church for a sidewalk along Wadsworth Boulevard. Motion by Mr. Reinhart to accept the permanent
easement from the Beth Eden Centenary Baptist Church for the construction and maintenance of a sidewalk along Wadsworth Boulevard; seconded by Mrs. Jay; carried 7-0. 3. Resolution 57-2010
-Approving a contract with the Colorado Department of Transportation for the construction of a Multi-Use Path on Wadsworth Boulevard from 26th Avenue to 32nd Avenue. Motion by Ms. Berry
to approve Resolution No. 57-2010; seconded by Mr. Reinhart; Louise Turner asked Council whether the plans behind the acceptance of this easement include plans to widen Wadsworth and,
if so, by how much. If it does, what affect will this widening have on the City Hall property? Why does the plan say it goes from 26th to 32nd on the east and 29th to 32nd on the west?
Is this a mistake? Will there be condemnations? Has the City entered into agreements with Crown Hill Cemetery for these plans? She also urged Council to consider that a great many people
still use the newspapers to get their information even though most citizens have access to the internet.
Mr. Paranto provided Council an explanation of the trail designs and affirmed that no widening of Wadsworth is planned with this trail construction. The construction of this segment
of trail is part of the city's Bicycle and Pedestrian Master Plan. Motion carried 7-0. 4. Resolution 58-2010 -A Resolution Levying General Property Taxes for the Year 2010, to help defray
the costs of Government for the City of Wheat Ridge, Colorado for the 2011 Budget Year. Motion by Mr. Reinhart to approve Resolution 58-2010; seconded by Mr. Stites; carried 7-0. 5.
Resolution 59-2010 -A Resolution adopting the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge,
Colorado for the 2011 Budget Year. Mayor DiTullio opened the Public Hearing. Mr. Goff presented the staff report. Bill Schroer submitted to Council a memo (attached to this packet) outlining
several waste and energy efficiency measures that are opportune to the City. Motion by Mr. Stites to continue the Public Hearing to November 8, 2010 at 7pm; seconded by Mrs. Sang; carried
4-3 with Council Members Adams, Berry and Jay voting No.
ELECTED OFFICIALS' MATTERS City Clerk Michael Snow reminded voters with mail-in ballots to submit them by 7pm on Election Day, November 2, 2010. Ballots may be dropped off at City Hall
during office hours and on Election Day from 7am-7pm. Those voters who do not receive mail-in ballots may vote on Election Day. Election and voting information may be obtained by contacting
the Jefferson County Elections Division at 303-271-8111 . Council Members Sang and DeMott thanked staff for a very wonderful Boards and Commissions appreciation dinner. Ms. Berry reminded
residents that the Farmer's Market closes this week with the last market of the year this Thursday in the Big Lots parking lot at 41 51 & Wadsworth. Council congratulated Clancy's Irish
Pub for their grand reopening over the weekend. ADJOURNMENT Meeting adjourned at 8:04p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON November 8, 2010 BY A VOTE OF to Davis
Reinhart, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said
by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
• 4 , City of DATE: November 8, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF RFP-IO-26 CUSTODIAL LOCKER
ROOM SERVICES TO SERVICE SOLUTIONS, DENVER, CO, IN THE AMOUNT OF $31,659 D PUBLIC HEARING [8] BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES
FOR 2ND READING DYES On September 1, 2010, six proposals were received for the locker room custodial services. The scope of work includes seven-day cleaning of the Recreation Center
locker rooms, seasonal cleaning of the Anderson pool locker room, and cleaning of the Richards-Hart Estate on a per event basis. Proposals were evaluated and short listed. Interviews
were conducted with five firms. The number one ranked firm following the interviews was Service Solutions, Denver, Colorado. The original fees for the Recreation Center, Anderson Building,
and Richards-Hart Estate were all negotiated. The total annual fee for the Recreation Center and the Anderson Pool is $31,659. The Richards-Hart Estate is $75 per event. Staff recommends
award to Service Solutions Inc. based on qualifications, experience and pricing. PRIOR ACTION: Council approved a previous award August 24, 2009. FINANCIAL IMPACT: Funding for these
services are budgeted within the departments and are not encumbered. Invoices are approved monthly.
Council Action Form November 8, 2010 Page 2 BACKGROUND: On August 24,2009, Council approved award to the current firm, AFL Group. Over the past year staff has dealt with many performance
issues. Custodial services citywide were rebid this year in an effort to contract with two firms. One firm would specialize in locker room cleaning, and the other firm would provide
typical office cleaning. The cleaning of locker rooms requires more time and a better understanding of cleaning chemicals necessary to maintain healthy environments. Both firms would
require minimal oversight by City staff. RECOMMENDATIONS: Staff recommends approval of this award. RECOMMENDED MOTION: "I move to award RFP-1 0-26 Custodial Locker Room Services to Service
Solutions, Denver, CO, for the annual not-to-exceed amount of $31 ,659 for a one-year period with the option of automatic one-year renewals up to four years based on performance, scope
of work and pricing." Or, "I move to deny the award of RFP-1 0-26 Custodial Locker Room Services Services for the following reason (s) " REPORT PREPAREDIREVIEWED BY: Julie Brisson, Recreation
and Facilities Manager Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet
PROJECT: RFP-10-26 CUSTODIAL LOCKER ROOM SERVICES BID DUE DATEITIME: 09/01/10, 4:00PM OUR CLOCK .& REQUESTED BY:REC CENTER OPENED BY: AMY VANDER MEER, PURCHASING TECHNICIAN WITNESSED
BY: LINDA TRIMBLE, PURCHASING AGENT .... _ . r City of _ ."",' c Q) E .c ISS FACILITY I MAINTENANCE I SERVICE I SUMMITT CARNATION I COMMAND I SERVICES RESOURCES
SOLUTIONS MAINTENANCE, INC. ENGLEWOOD ga::. SIGNATURE PAGE YES YES YES YES INCOMPLETE YES ACKNOWLEDGE ADDENDUM #1 YES YES YES YES YES YES ACCEPTS VISA NO NO YES NO YES NO CONSIDER VISA
YES YES YES YES YES NO ILLEGAL ALIEN COMPLIANCE YES YES SEE BID YES YES YES CONTRACTOR'S QUALIFICATIONS YES YES YES YES YES YES QUALIFICATIONS OF THE FIRM YES YES YES YES YES YES TEAM
EXPERIENCE YES YES YES YES YES YES APPROACH & TIMELINE YES YES NO YES YES YES FEE SCHEDULE-ATIACHMENT C 29,940.00 25,064.40 19,775.72 25,056.00 31,200.00 33,420.00 RICHARD-HART ESTATE-PER
CLEANING 77.00 55.00 75.00 75.00 150.00 250.00
, ... City of ITEM NO: J.Ji. DATE: November 8,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF RFP-IO-28 CUSTODIAL
SERVICES FOR CITYWIDE OFFICES TO KLEEN-TECH, INC., DENVER, CO, IN THE AMOUNT OF $45,991.47 o PUBLIC HEARING BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: o ORDINANCES FOR 1 ST READING
o ORDINANCES FOR 2 ND READING o YES Pats and Recreation Director ISSUE: On September 22,2010, 13 proposals were received for the
City office custodial services. The scope of work includes five and seven-day cleaning schedules for all citywide office buildings with the exception of the Recreation Center, Anderson
Building and the Richards-Hart Estate. Proposals were evaluated and short listed. Interviews were conducted with three firms. The number one ranked firm following the interviews was
Kleen-Tech Inc., Denver, CO. The total annual fee is $45,991.47. Staff recommends award to Kleen-Tech Inc., based on qualifications, experience and pricing. PRIOR ACTION: Council approved
previous award November 20,2006. FINANCIAL IMPACT: Funding for these services are budgeted within the departments and are not encumbered. Invoices are approved monthly.
Council Action Form November 8, 2010 Page 2 BACKGROUND: On November 20,2006, Council approved award to the current firm, KG Clean, Inc. Their contract will expire this year. Custodial
services for citywide offices were rebid this year in an effort to contract with two firms. One firm would specialize in locker room cleaning, and the other firm would provide typical
office cleaning. The cleaning of locker rooms requires more time and a better understanding of cleaning chemicals necessary to maintain healthy environments. Both firms would require
minimal oversight by City staff. RECOMMENDATIONS: Staff recommends approval of this award. RECOMMENDED MOTION: "I move to award RFP-1O-28 custodial services for Citywide offices to Kleen-Tech
Inc., Denver, CO for the annual not-to-exceed amount of $45,991.47 for a one-year period with the option of automatic one-year renewals up to four years based on performance, scope of
work and pricing." Or, "I move to deny the award ofRFP-10-28 custodial services for City offices for the following reason (s) " REPORT PREPARED/REVIEWED BY: Julie Brisson, Recreation
and Facilities Manager Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet
PROJECT: RFP-10-28 CUSTODIAL SERVICES CITY OFFICES BID DUE DATEITIME: 09/22/10, 4:00PM OUR CLOCK REQUESTED BY: VARIOUS DEPT. OPENED BY: LINDA TRIMBLE PURCHASING AGENT
WITNESSED BY: CARL Y LORENTZ, RECEPTIONIST """ _ r-City of. CARNATION I COMMAND I COVERALL I DUSTBUSTER IISS FACILITY SIGNATURE PAGE YES YES YES YES YES
ACKNOWLEDGE ADDENDUM #1 YES YES YES NO YES ACKNOWLEDGE ADDENDUM #2 YES YES YES NO YES ACKNOWLEDGE ADDENDUM #3 NO NO YES NO NO ILLEGAL ALIEN COMPLIANCE YES YES YES YES YES QUALIFICATIONS/EXPERIENCE
YES YES YES YES YES APPROACH YES YES YES YES YES PUBLIC WORKS 300.00 327.45 495.00 370.00 411.83 PARKS OFFICE 600.00 396.85 495.00 600.00 356.64 PARKS SHOP 600.00 238.75 445.00 300.00
55.92 CITY HALL 2,415.00 2,992.70 4,229.00 2,058.75 3,009.97 ACTIVE ADULT CENTER 795.00 879.80 1,137.00 594.75 922.93 YE OLDE FIREHOUSE 420.00 159.50 225.00 120.00 63.64 ANNUAL TOTAL
61.560.00 59.940.60 84.312.00 48.522.00 57.851.15 c CD E u 4
PROJECT: RFP-10-28 CUSTODIAL SERVICES CITY OFFICES BID DUE DATEITIME: 09/22/10, 4:00PM OUR CLOCK KLEEN VENDOR KG CLEAN TECH LOCATION BROOMFIELD DENVER MAINTENANC E RESOURCE DENVER REQUESTED
BY: VARIOUS DEPT. OPENED BY: LINDA TRIMBLE PURCHASING AGENT WITNESSED BY: CARL Y LORENTZ, RECEPTIONIST OBAND'S RAINBOW AURORA LAKEWOOD r
.. .,," "..::. ,,' 'i# .. '", '!..lj''::' .'j(>'\ "_
< I,. ,.'. , SIGNATURE PAGE YES YES YES YES YES ACKNOWLEDGE ADDENDUM #1 YES YES YES YES YES ACKNOWLEDGE ADDENDUM #2 YES YES YES YES YES ACKNOWLEDGE ADDENDUM
#3 YES YES NO YES YES ILLEGAL ALIEN COMPLIANCE YES YES YES YES YES QUALIFICATIONS/EXPERIENCE YES YES YES YES YES APPROACH YES YES YES YES YES PUBLIC WORKS 375.00 296.57 600.00 350.00
260.00 PARKS OFFICE 450.00 296.57 300.00 375.00 382.50 PARKS SHOP 325.00 296.57 296.57 300.00 180.00 238.33 CITY HALL 2,796.00 2,229.52 2,285.00 2,039.80 2,489.71 ACTIVE ADUL T CENTER
725.00 594.30 1,260.00 780.00 1,100.00 YE OLDE FIREHOUSE 350.00 119.09 253.00 180.00 99.00 ANNUAL TOTAL 60,258.00 45,991.47 59,976.00 46,857.60 54,834.48
PROJECT: RFP-10-28 CUSTODIAL SERVICES CITY OFFICES BID DUE DATEITIME: 09/22/10, 4:00PM OUR CLOCK SERVICE VENDOR SOLUTION LOCATION DENVER ,. , ,
·:',: . .t,U "",,)"'!'·:/i,'.
SIGNATURE PAGE YES ACKNOWLEDGE ADDENDUM #1 YES ACKNOWLEDGE ADDENDUM #2 YES ACKNOWLEDGE ADDENDUM #3 NO ILLEGAL ALIEN COMPLIANCE YES QUALI FICATIONS/EXPERI ENCE YES APPROACH YES PUBLIC
WORKS 812.00 PARKS OFFICE 655.00 PARKS SHOP 397.00 CITY HALL 3,256.00 ACTIVE ADUL T CENTER 1,386.00 YE OLDE FIREHOUSE 207.00 ANNUAL TOTAL 80,508.00 -------_ .. _----_ .. _---SUNSHINE
LAKEWOOD ;::. YES YES YES YES YES YES YES 257.39 321.08 128.43 2,774.12 809.12 51.37 52,098.12 REQUESTED BY: VARIOUS DEPT.
OPENED BY: LINDA TRIMBLE PURCHASING AGENT WITNESSED BY: CARL Y LORENTZ, RECEPTIONIST SIERRA'S CLEANING LAKEWOOD : d,.'JI,t,J
.• ,' 0 YES YES YES NO YES YES YES 367.30 367.30 220.38 2,879.62 1,028.44 117.54 59,766.85
..·..". " City of DATE: November 8, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 60-2010 -A RESOLUTION APPROVING SUBMITTAL
OF THE APPLICATION FOR A 2011 JOINT VENTURE GRANT TO JEFFERSON COUNTY OPEN SPACE FOR THE CONSTRUCTION OF PHASE III OF DISCOVERY PARK D PUBLIC HEARING D BIDS/MOTIONS RESOLUTIONS QUASI-JUDICIAL:
ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING D YES The Jefferson County Open Space Department has a joint venture program that allows cities to apply for matching
funds for new construction or maintenance projects. As part of the requirements for the submittal of the grant application an approved resolution is required by the Jefferson County
Open Space Department showing City Council support for the requested project. Funds from the Joint Venture Grant Program are awarded annually by the Open Space Department to cities and
districts in Jefferson County. A percentage of matching funds is required from the City'S attributable share of open space funds to match the grant request. The 2011 recommended Joint
Venture Grant Application is for construction of Phase III of Discovery Park. Phase III includes the skateboard park, permanent restroom structure, additional shade shelter and climbing
wall at the playground. PRIOR ACTION: Phase I and II of the park have been completed. Separate Joint Venture Grants were awarded for both phases totaling $550,000.
Council Action Fonn November 8, 2010 Page 2 FINANCIAL IMPACT: The 2011 Open Space Fund budget and Conservation Trust Fund appropriation for the project is $1,130,000 and is based on
a phasing plan that was presented to City Council for consideration and direction at the December 8, 2008, Study Session. The 2011 appropriation for Phase III will complete the Discovery
Park project. The 2011 grant request will be submitted for approximately $275,000. BACKGROUND: The construction of Discovery Park meets the recommendations of the Parks and Recreation
Master Plan to provide a park in an underserved area. A master plan was approved for the park that included input from the neighborhood, the Mayor and City Council, the Parks and Recreation
Commission, and City staff. RECOMMENDATIONS: Staff recommends Phase III of the Discovery Park be designated as the 2011 grant application project. RECOMMENDED MOTION: "I move to approve
Resolution No. 60-2010, a resolution approving submittal of the application for a 2011 Joint Venture Grant to Jefferson County Open Space for the construction of Phase III of Discovery
Park." Or, "I move to postpone indefinitely_Resolution No. 60-2010, a resolution approving submittal of the application for a 2011 Joint Venture Grant to Jefferson County Open Space
for the construction of Phase III of Discovery Park, for the following reason( s) _______ " REPORT PREP ARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director ATTACHMENTS:
1. Resolution No. 60-2010
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 60 Series of 2010 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2011 JOINT VENTURE GRANT TO JEFFERSON COUNTY OPEN SPACE
FOR THE CONSTRUCTION OF PHASE III OF DISCOVERY PARK WHEREAS, the voters of Jefferson County voted on November 4, 1980, to allow for maintenance and development of Open Space lands and
property within Jefferson County, and WHEREAS, Jefferson County Open Space has instituted a Joint Venture Grant Project Program, and WHEREAS, the City of Wheat Ridge would like to apply
for a Joint Venture/Grant Project with Jefferson County Open Space NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City of Wheat
Ridge requests funding from Jefferson County Open Space Joint Venture/Grant for the construction of Phase III of Discovery Park. DONE AND RESOLVED this 8th day of November, 2010. Jerry
DiTullio, Mayor ATIEST: Michael Snow, City Clerk Attachment 1
..'" City of DATE: November 8, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 17-2010 -AN ORDINANCE REPEALING AND
REENACTING SECTION 11-53 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION OF THE STATE LIQUOR LAWS WITHIN THE CITY PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL:
-7 1';;:) .. ///-/L-tl ,-City Attorney ISSUE: D ORDINANCES FOR 1 ST READING 10/25/2010 ORDINANCES FOR 2ND READING 11/0812010 D YES City Manager A provision of the Colorado Liquor
Code, C.RS. §§ 12-47-101 et seq., prevents local governments from issuing liquor licenses to establishments that are located within 500 feet of any public or private school, university,
college campus or seminary unless a local government by ordinance eliminates or reduces that distance requirement. There are redevelopment sites in the City that fall within 500 feet
of a public school. Some of those redevelopment sites are planned to accommodate multi-use zoning that are expected to include restaurants that serve alcohol. If the default 500-foot
limitation remains in effect within the City, those redevelopment sites will be unable to accommodate those types of restaurants. PRIOR ACTION: None FINANCIAL IMP ACT: There is no direct
financial impact from this ordinance.
Council Action Form November 8, 2010 Page 2 BACKGROUND: The provision of the Colorado Liquor Code at issue is C.R.S. § 12-47-313(1)(d) which states: (1) No application for the issuance
of any license specified in section 12-47-309 (1) or 12-46-107 (1) shall be received or acted upon: (d) (I) If the building in which the malt, vinous, or spirituous liquor is to be sold
is located within five hundred feet of any public or parochial school or the principal campus of any college, university, or seminary; except this provision shall not affect the renewal
or reissuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality, or apply to an existing licensed premises on land owned
by the state, or apply to a liquor license in effect and actively doing business before said principal campus was constructed, or apply to any club located within the principal campus
of any college, university, or seminary that limits its membership to the faculty or staff of such institution; (II) The distances referred to in subparagraph (I) of this paragraph (d)
are to be computed by direct measurement from the nearest property line of the land used for school purposes to the nearest portion of the building in which liquor is to be sold, using
a route of direct pedestrian access. (III) The local licensing authority of any city and county, by rule or regulation, the governing body of any other municipality, by ordinance, and
the governing body of any other county, by resolution, may eliminate or reduce the distance restrictions imposed by this paragraph (d) for any class of license, or may eliminate one
or more types of schools or campuses from the application of any distance restriction established by or pursuant to this paragraph (d). (IV) In addition to the requirements of section
12-47-312 (2), the local licensing authority shall consider the evidence and make a specific finding of fact as to whether the building in which the liquor is to be sold is located within
any distance distance restrictions established by or pursuant to this section. This finding shall be subject to judicial review pursuant to section 12-47-802. Pursuant to C.R.S. § 12-47-313(1)(d)(I),
no liquor licensed premises may be located within 500 feet of a public or private school, university, college campus or seminary. In the City, there are a few a redevelopment locations
that fall within 500 feet of a school. Thus, under C.R.S. § 12-47-313(1)( d)(I), none of those locations could house a liquor licensed establishment. As a reference, the following are
a few of the City's redevelopment locations that are impacted by this limitation and the nearest school:
Council Action Fonn November 8, 2010 Page 3 Location 38tn Avenue and High Court 44 tn A venue and Wadsworth Boulevard 44th Avenue and Kipling Street 39tn Avenue and Kipling Street School
Wheat Ridge Middle School Wilmore-Davis Elementary School Pennington Elementary School Everett Middle School Under the City' s zoning code, a restaurant is an acceptable use at these
locations. Although the zoning code authorizes that type of business, C.RS. § 12-47-313(1)(d)(I) operates to prevent such a business from obtaining a liquor license. As a result, no
restaurant that generally serves alcohol could operate its business at these locations. However, pursuant to C.RS. § 12-47-313(1)(d)(III), the City Council, by ordinance, may limit the
500 foot rule in C.R.S. § 12-47-313(1)(d)(I) as it applies to any class of license, any type of school or some combination thereof. The City Council, by ordinance, may also modify the
rule by reducing the distance in its application to a class of license or type of school. At a work session in September, the City Council requested staffto draft an ordinance eliminating
the 500-foot rule in C.RS. § 12-47-313(1)(d)(I) only as it applies to hotel and restaurant licenses. Through the attached ordinance, the City is only seeking to eliminate the 500-foot
distance limitation as it applies to hotel and restaurant licensed premises. The 500-foot distance limitation will continue to apply to all other classes of liquor licenses. RECOMMENDATIONS:
City staff recommends adoption of this proposed ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 17-2010, an ordinance repealing and reenacting Section 11-53 of the
Wheat Ridge Code of Laws concerning application of the state liquor laws
within the City, on second reading, and that it takes effect 15 days after publication." Or, "I move to postpone indefinitely Council Bill No. 17-2010 for the following reason(s) " REPORT
PREPARED BY: Gerald E. Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 17-2010
Council Action Form November 8, 2010 Page 4
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 17 Ordinance No. ----Series 2010 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 11-53 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION OF THE STATE LIQUOR LAWS WITHIN THE CITY WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred
by Article XX of the Colorado Constitution; and WHEREAS, the City Council ("Council") has exercised these powers by the adoption of Article III of Chapter 11 of the Wheat Ridge Code
of Laws concerning alcoholic beverages; and WHEREAS, pursuant to that article and the provisions in the Colorado Liquor Code, Section 12-47-101 et seq., C.RS., the City issues licenses
to businesses seeking to sell malt, vinous, or spirituous liquors; and WHEREAS, pursuant to Section 12-47-313(1)(d)(I), C.RS., all classes of liquor licensed premises within the City
must be at least "five hundred feet from any public or parochial school or the principal campus of any college, university, or seminary;" and WHEREAS, pursuant to Section 12-47-313(1)(d)(III),
C.RS., Council is authorized to reduce or eliminate that distance limitation for any and all classes of licenses; and WHEREAS, Council wishes to eliminate the five hundred foot distance
requirement in Section 12-47-313(1)(d)(I), C.RS., for all hotel and restaurant licensed premises within the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO: Section 1. Section 11-53 of the Wheat Ridge Code of Laws is repealed in its entirety and reenacted to read as follows: (a) The licensing authority shall be governed
by state law now in effect or subsequently amended and the rules and regulations of the Executive Director of the Department of Revenue of the State of Colorado, as the state licensing
authority, which shall apply to the licensing of fermented malt beverages and malt, vinous and spirituous liquors within the city, where applicable. In the event of a conflict between
such and any any provisions set forth in this chapter, the more restrictive requirement shall prevail. Attachment 1
(b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by Section 12-47-313(1)(d)(I), C.R.S., prohibiting the sale of malt, vinous or
spirituous liquor within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for hotel and restaurant
licenses issued pursuant to this article. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional
or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of
the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25th 25th day of October, 2010, ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, November 8, 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat
Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2010. SIGNED by the Mayor on this __ day of _____ , 2010. ATIEST:
Michael Snow, City Clerk First Publication: October 28, 2010 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City
Attorney
• # ... " _ City of . :?WheatRl.-dge DATE: November 8, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2010 -AN ORDINANCE REVISING CHAPTER
20 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING STORMWATER QUALITY AND CONTROL o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS ORDINANCES FOR 1 ST READING 111812010 o ORDINANCES FOR
2ND READING 11122/2010 QUASI-JUDICIAL: 0 YES Director of Public Works ISSUE: An audit of the City'S Stormwater Management Program by the State Health Department will require minor revisions
of the Storm water Ordinance. The changes include: 1. Some additional definitions are being added to clarify the approved plan, SWMP, and the types of revisions, minor and major. 2.
The list of allowable non-stormwater discharges is expanded to include all that are allowed by the State. 3. Occasional incidental non-stormwater discharges are added to allow discharges
from infrequent activities that do not pose a pollution threat if minimal care is taken. 4. Maintenance and emergency repair activities are removed as being exempted from requiring a
permit. 5. The requirement that a project inspector be certified is been removed to decrease the burden on the owners and contractors. 6. The response time for repairs or modifications
is changed from seven days to immediately. 7. Procedures for minor and major modifications are added to provide better direction to owners and contractors. 8. The language for the maintenance
requirements for permanent stormwater facilities is revised to reflect the City'S current practice. V:\Forms\CAFtemplate
Council Action Fonn November 8, 2010 Page 2 9. Violations are being declared "nuisances" so that the enforcement procedures in Chapter 15 of the City Code can be utilized. 10. Some minor
changes are made throughout for clarity and to correct errors. PRIOR ACTION: The proposed changes were review by the City Council at the August 16, 2010 Study Session. FINANCIAL IMPACT:
None BACKGROUND: The City'S Stonnwater Management Program was audited by the State Health Department in April, 2010. The resulting Compliance Advisory included a number of required actions,
which included several changes to the City Stonnwater Ordinance. All of the ordinance changes are considered minor in nature. The draft changes have been reviewed by the Health Department
and found to be satisfactory. RECOMMENDATIONS: Staff recommends that the proposed changes to the Stonnwater Ordinance be enacted. RECOMMENDED MOTION: "I move to approve Council Bill
No. 18-2010, an ordinance revising Chapter 20 ofthe Wheat Ridge Code of Laws, concerning stonnwater quality and control, on first reading, order it published, public hearing set for
Monday, November 22,2010 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." Or: "I move to postpone indefinitely the ordinance to revise
Chapter 20 of the Wheat Ridge Code of Laws, concerning stonnwater quality and control, for the following reason(s) " REPORT PREPARED BY: Tim Paranto, Director of Public Works ATTACHMENTS:
1. Redline Council Bill No. 18-2010 2. Council Bill No. 18-2010
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. __ _ Ordinance No. ___ _ Series of 2010 TITLE: AN ORDINANCE REVISING CHAPTER 20 OF THE WHEAT RIDGE
CODE OF LAWS, CONCERNING STORMWATER QUALITY AND CONTROL, AND IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge ("City") is a Colorado municipal home rule corporation vested with
powers under the Colorado constitution and statutes; and WHEREAS, on April 7 and 8, 2010, the City's State of Colorado General Permit Program for Stormwater Discharges associated with
Municipal Separate Storm Sewer Systems was audited; and WHEREAS, following said audit, the City received from the State of Colorado a Compliance Advisory, dated May 3, 2010, for the
City's General Permit for Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems, Permit Number COR 090015; and WHEREAS, as a condition of this Compliance Advisory
the City is required to revise Chapter 20 of the Code of Laws of the City of Wheat Ridge ("Code"), concerning stormwater quality and control addressing illicit discharge detection and
elimination, construction site stormwater runoff control and post-construction stormwater management; and WHEREAS, it is deemed to be in the best interest of the public health and welfare
of the residents of the City for the City to comply with the Compliance Advisory; and WHEREAS, to this end, the City Council desires to revise Chapter 20 of the Wheat Ridge Code of Laws,
concerning stormwater quality and control. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 20 of the Code, concerning stormwater
quality and control, is hereby repealed and reenacted to read in its entirety as follows: WRPWOll .l Attachment 1
WRPW013 CHAPTER 20 STORMWATER QUALITY AND CONTROL Article I. In General Sec. 20-1. Purpose and objectives. Sec. 20-2. Definitions. Sec. 20-3. Applicability. Sec. 20-4. Responsibility
for administration. Sec. 20-5 -20-10. Reserved. Article II. Illicit Discharges Sec. 20-11. Illicit discharges prohibited. Sec. 20-12. Illicit discharges exempted. Sec. 20-13. Illicit
connections prohibited. Sec. 20-14. Requirements applicable to potential discharges. Sec. 20-15. Best management practices. Sec. 20-16. Access and inspections of properties and facilities.
Sec. 20-17. Notification of spills. Sec. 20-18 -20-30. Reserved. Article III. Permits Sec. 20-31 . Applicability. Sec. 20-32. Technical standards and specifications. Sec. 20-33. Construction
stormwater management plan. Sec. 20-34. Post-construction requirement of permanent BMPs. Sec. 20-35. Guarantee and Financial security. Sec. 20-36 -20-40. Reserved. Article IV. Enforcement
Sec. 20-41 . Enforcement. Sec. 20-42. Appeal of Notice of Violation. Sec. 20-43. Abatement. Sec. 20-44. Stop Work Order. Sec. 20-45. Penalties. 2
ARTICLE I. IN GENERAL Sec. 20-1. Purpose and objectives. The purpose of this chapter is to regulate non-stormwater discharges to the storm drainage system, as required by federal and
state law and to protect and enhance the water quality of watercourses, water bodies and wetlands in a manner consistent with the Federal Clean Water Act. The objectives of this chapter
are: (1) To regulate the introduction of pollutants to the municipal separate storm sewer system (MS4); (2) To prohibit illicit connections and discharges to the MS4; (3) To provide
for inspection and monitoring procedures necessary to ensure compliance with this Chapter; (4) To reduce pollutants in stormwater discharges from construction activity by guiding, regulating,
and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land; (5)
To require permanent stormwater runoff controls to be constructed along with development to prevent the deterioration of water quality; and (6) To promote public awareness of the hazards
involved in the improper discharge of Pollutants into the storm drainage system. Sec. 20-2. Definitions. For the purposes of this chapter, the following words and phrases shall have
the meaning set forth in this section: Agricultural activities. Activities directly related to: a. land preparation for farming such as plowing and disking, for the purpose of crop production;
b: the housing and pasturing of livestock. Approved SWMP. The SWM P that is currently approved by the City. This would also include any minor modifications that have been made to the
SWMP at the construction site. Best management practices; aka BMPs. Schedules of activities, prohibitions of practices, general good housekeeping, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include permanent or non-permanent treatment practices, structures, ponds or basins, landscaping, operating procedures, WRPW013 3
and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. CDPHE. The Colorado Department of Public Health and Environment.
COPS. The Colorado Discharge Permit System Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Director. The City
of Wheat Ridge Public Works Director or designee. Disturbed area. That area of the land's surface disturbed by any work or activity upon the property by means including but not limited
to grading, excavating, stockpiling soil, fill, or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which
expose soil. Disturbed area does not include disturbance caused by normal agricultural activities. Facility. Any building, including a private home, structure, installation, process
or activity from which there is or may be a discharge of a Pollutant. Finally stabilized area. All disturbed areas that have been either built on, paved, or a uniform perennial vegetative
cover has been established, or equivalent permanent physical erosion reduction methods and best management practices have been employed. If perennial vegetation is applied, 'final stabilization'
shall be established as defined in the city Standard Seeding and Mulching Installation Notes (as referenced on WR engineering detail E-A03). Hazardous materials. Any material, including
any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to human health, safety, property, or to the environment when improperly treated, stored, transported, disposed of, or otherwise manage.
Illicit connections. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system, including, but not limited limited
to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drainage system; and any connections to the storm
drainage system from indoor drains, sump pumps, floor drains or sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved. Illicit discharge.
Any direct or indirect release of pollutants to the storm drainage system, except as exempted in this chapter. Industrial activity. Activities subject to NPDES industrial permits, as
defined in 40 CFR, Section 122.26(b)(14), or successor regulations thereto. WRPW013 4
Major SWMP modification. Modifications to the approved SWMP that change the hydrology. Minor SWMP modification. Modifications to the approved SWMP that result in substitutions or adjustments
to BMPs that provide equivalent performance and protection and do not result in conditions that require a major modification. Mobile washing operation. A commercial activity involving
power washing, steam cleaning, and any other method of mobile cosmetic cleaning of, by way of example, the following: vehicles, fabric, pets and/or exterior surfaces. Municipal separate
storm sewer system. (MS4) Publicly-owned facilities by which storm water is collected and conveyed, including, but not limited to any roads with drainage systems, municipal streets,
gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, and natural and human-made or altered drainage ditches/channels/lakes/reservoirs,
and other drainage structures. National pollutant discharge elimination system (NPDES) stormwater discharge permit. A issued .pursuant to 402 of the Clean
V\ICiter Act, including permits issued by the State of Colorado in compliance with the Act. Non-stormwater discharge. Any discharge to the storm drain system that is not composed entirely
of stormwater. Operator. The individual who has day-to-day supervision and control of activities occurring at the construction site, includes the owner, the developer, the general contractor
or the agent of one of these parties. Owner. The person who owns a facility, development, part of a facility, or land. Pollutant. Any sewage, sewage biosolids, garbage, chemical waste,
biological material, solid waste, incinerator residue, ash, munitions, radioactive material, heat, rock, sand, cellar dirt and industrial and agricultural wastes discharged in the water.
Pollution. The presence in waters of the state of any substances, contaminants, or manmade or man-induced impairment of waters or alteration of the chemical, physical, biological, or
radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which
unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law. Premises. Any building, lot, parcel of land, or portion
of land whether improved or unimproved, and including adjacent sidewalks and parking strips. Receiving water. Any water of the State of Colorado that receives a stormwater discharge
from MS4, including all watercourses, even if they are usually dry, and irrigation ditches that receive municipal stormwater. It also includes storm sewer systems owned by other entities.
WRPW013 5 -( Deleted: of NPDES pennit
Spill. Any intentional or unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the state. Storm Drainage System. Also defined as municipal
separate storm sewer system (MS4). Storm water. Any surface flow, runoff, and drainage consisting entirely of water from any form or natural precipitation, and resulting from such precipitation.
Stormwater management plan (SWMP). A plan describing the BMP and activities to be implemented to identify sources of pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, MS4, and/or receiving waters to the maximum extent practicable. Threatened discharge. A condition creating a substantial probability of
harm, which make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Wastewater. Any water or other liquid,
other than uncontaminated stormwater, discharged from a facility. Watercourse. A channel, channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond,
reservoir or lake, including major drainageways, in which runoff and floodwater flows, either regularly or infrequently. Waters of the State of Colorado (waters of the state). Any and
all surface and subsurface waters that are contained in or flow in or through the State of Colorado. The definition includes all watercourses, even if they are usually dry. Sec. 20-3.
Applicability. This chapter shall apply to all water and other discharges entering the storm drainage system generated on any developed and undeveloped real property with in the city
unless explicitly exempted by a provision hereof. Sec. 20-4. Responsibility for administration. The Director shall administer, implement, and enforce the provision of this chapter. Sec.
20-5 -20-10. Reserved. ARTICLE II, ILLICIT DISCHARGES Sec. 20-11. Illicit discharges prohibited. WRPW013 6
No person shall discharge or fail to implement adequate best management practices to prevent an illicit discharge into the MS4 or watercourses, including, but not limited to, the following:
(1) Chemicals, petroleum products, paint, varnishes, solvents, oil and grease and other automotive fluids, pesticides, herbicides, and fertilizers, or other toxic materials; (2) Non-hazardous
liquid and solid wastes; (3) Hazardous materials, sewage, fecal coliform and pathogens, dissolved and particulate metals; (4) Trash, refuse, rubbish, garbage, food wastes, animal wastes,
litter, other discarded or abandoned objects, floatables and cleaning products; (5) Landscaping materials, sediment, lawn clippings, leaves, branches or other landscaping and yard debris;
(6) Construction activities wastes and residues including but not limited to, painting, paving, concrete placement, saw cutting, material storage and earthwork; (7) Wastes and residues
that result from mobile washing operations; discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; commercial vehicle cleaning;
(8) Any other material that is considered harmful to humans, animals, or aquatic life and its habitat. Sec. 20-12. Illicit discharges exempted. The following discharges, when properly
managed, are exempt from the discharge prohibitions established by this chapter. Meeting exemptions identified in this section does not imply or determine that a COPS permit is not required.
WRPW013 (1) Allowable non-stormwater discharges. Water line flushing or other potable water sources, landscape irrigation or lawn watering, irrigation return flows, diverted stream flows,
rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, roof drains, foundation or footing drains, air conditioning condensation,
water from crawl space pump, basement drains, springs, individual residential car washing, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated -less than 0.05
PPM chlorine), fire fighting activities, incidental discharges from street sweeping operations (including associated sidewalks and medians, and that is not associated with construction),
and any other water source not containing pollutants. 7
(2) Discharges approved by the authorized enforcement agency necessary to protect public health and safety, such as flows from firefighting and street sweeping. (3) Dye testing, provided
the person undertaking such testing provides verbal notification to the authorized enforcement agency 24 hours prior to the time of the test. (4) Runoff of roadway and sidewalk anti-icing
and deicing agents; provided that they are applied according to Best Management Practices. (5) Runoff associated with normal agricultural activities. (6) Any non-stormwater discharge
permitted under a CDPS or NPDES permit, waiver or waste discharge order issued and administered under the authority of the Federal Environmental Protection Agency (EPA), provided that
the discharger is in full compliance with all requirements of , Deleted: and provided that the permit, waiver, or order and other applicable laws and _
_ _,,' approval has been granted by the for any discharge to the storm drain system.ll (7) Occasional incidental non-stormwater discharges. Snow melting operations, swimming
pools, potable water sources, and charity car washes provided that adequate BMPs are in place to minimize the discharge of pollutants. (8) Discharges as a result of activities of the
City, where needed for emergency purposes or to protect public safety, if approved by the Director. Sec. 20-13. Illicit connections prohibited. The construction, use, maintenance or
contained existence of illicit connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether
the connection was permissible under law or practices applicable or prevailing at the time of connection. Sec. 20-14. Best management practices. The owner or operator of a commercial
or industrial establishment or a disturbed area shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the
MS4 or watercourse through the use of structural and non-structural BMPs. Further, any person responsible for premises, which are, or may be, the source of an illicit discharge, may
be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Sec. 20-15. Notification
of spills. WRPW013 8
Notwithstanding any other requirement of law, as soon as any person responsible for any premises, facility or operation, or responsible for emergency response for a facility or operation,
has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system,
the MS4, or waters of the state, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous
materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said
person shall notify the Director in person or by telephone no later than twenty-four (24) hours after the release. Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Director within five (5) calendar days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained
for at least three (3) years. Sec. 20-16 -20-31. Reserved. ARTICLE III. PERMITS Sec. 20-31. Applicability. (a) Permit required. It shall be unlawful for any person to conduct any activity
resulting in any of the following total disturbed areas without first obtaining a grading permit; pursuant to this section and section 26-623 of this Code. The requirements of this section
shall be in addition to those contained within section 26-623. In the event of conflict between this chapter and section 26-623, the more restrictive requirement shall apply. A grading
permit shall be required for disturbed areas of: (b) WRPW013 (1) One (1) acre or more. (2) Less than one (1) acre if such activities are part of a larger common plan of development,
even though multiple, separate and distinct land development activities may take place at different times on different schedules. (3) The city may also require a grading permit regardless
of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan, or if the construction activities are
adjacent to a watercourse or wetlands. Exemptions. The following activities are exempt from this section: (1) Agricultural land management activities, not including construction activities....
_ _ _ _ 9 Deleted: (CDPHE) ,', Deleted: (b) . Maintenance and " repair of any stormwater facilHy, " irrigation dHch, watercourse, or ,/related practice deemed necessary " by the Director.
U ," (c) . Emergency repairs to streets, water, sanitary sewer or other facilHies deemed necessary by the Director.
(c) Permit application. Applications for grading permits shall be filed on a form prescribed by the city. (1) In support of the application, the applicant shall submit all information
required on the city's form and any additional information requested by the city. (2) The application shall be signed by all persons responsible for compliance with the permit throughout
the permit's validity. (3) The application shall include documentation of an application for a CDPHE stormwater general permit for construction activities and a completed SWMP which
must include an erosion and sediment control plan. (d) Land disturbance activities may not proceed until grading permit approval is received from the city. (e) Permit issuance or denial.
The grading permit may be denied if the applicant fails to provide the information required by this chapter and section 26-623. If a permit is denied, the applicant shall be notified
in writing of the grounds for denial and of the corrective actions that must be taken to obtain a permit. An applicant may appeal the denial in writing to the Director no later than
thirty calendar days from the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents
in support of the applicant's appeal. The Director shall issue a ruling on the matter within thirty calendar days of receipt of an appeal based solely upon review of the application,
denial, appeal, and all documents related thereto. The applicant shall receive written notice of the Director's ruling. (f) Performance standards and fees. Performance standards and
fees for any permit required by this chapter shall be met and paid per the schedules on the permit form. No permit shall be issued until and unless the performance standards have been
met and fees paid in full. Sec. 20-32. Technical standards and specifications. All BMPs designed to meet the requirements of this Chapter shall comply with the following technical standards:
(1) Urban Drainage and Flood Control District's Urban Storm Drainage Criteria Manual -Volume 3 or its successor; City of Wheat requirements;
and Q) Any other approved by the City, which is demonstrated to be effective. WRPW013 10 Deleted: (2) . Current City issued erosion control
construction details. 11 Deleted: 3 Deleted: 4
Sec. 20-33. Construction stormwater management plan. (a) The stormwater management plan (SWMP) shall be prepared in accordance with the requirements of the most recent SWMP guidance
document prepared by the CDPHE, and the engineering and hydrologic practices outlined in the current City site drainage requirements document. (b) The owner or its representative will
be required to have the ..9!Y...approved _ -1Lo_e_le_ted _ : C_D_P_HE ____ SWM P on site at all times and shall be prepared to respond to maintenance of specific BM Ps. (c) The
owner or its representative shall inspect all BMPs at least every fourteen (14) days and within twenty-four (24) hours after any precipitation or snow melt event that causes .noticeable
erosion, w_h_e_n !equested __ --( Deleted: surface runoff by the city. Inspections of BMPs shall be conducted by an individual who § experienced
with commonly accepted structural and non-structural BM Ps for /Deleted: has successfully completed erosion and sediment control .. _ _ _ _ _ _ _____ .' //formal training in erosion
and sediment control by a recognized (d) Based on inspections performed by the owner or by the city, modifications to the SWMP will be necessary if at any time the specified BMP's do
not meet the objectives of this chapter. In this case, the owner shall meet with City personnel to determine the appropriate modifications. All modifications shall be organization acceptable
to the Director. A certification of successful completion of such training shall be provided upon request.l1 completed immediateIY • .91 ..?I
.!l.9 _ 9!l ___ --( Deleted: wnhin 7 days the owner's copy of SWMP. (e) SWMP modifications. J :lle __
aryl_ensl AWMP wher:!ever :: there is a ir:! _ 9r �
�of the BMPs, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWMP proves to be ineffective
in achieving the general objectives of controlling pollutants in stormwater discharges associated with construction activities. Minor modifications to the SWMP do not need to be reviewed
by the City. but must be noted in the SWMP. Major modifications to the SWMP are required to be submitted to the City for review and approval before being included in the SWMP. (f) Records
of inspection shall be maintained on site with the SWM P and shall be made available to the city inspector upon request. (g) Certification of permanent BMPs. Upon completion of a project,
prior to final acceptance and/or a certificate of occupancy or completion being granted, the city shall be provided a written certification stating that the completed project is in compliance
with the approved SWMP. All applicants are required to submit "as built" or "record" plans for any permanent BMPs after final construction is completed per requirements of the city land
development ordinance, if applicable. A final inspection by the city is required before the release of any performance securities can occur. Sec. 20-34. Post-construction requirement
of permanent BMPs. WRPW013 11 Deleted: review changes Deleted: plan Deleted: significant
(a) Land development that is subject to the requirements of this chapter must address stormwater runoff quality through the use of permanent BMPs which shall be maintained in perpetuity.
(b) WRPW013 (1) All permanent BMPs of any site including, without limitation, detention basins, retention basins, ponds, inlets, outlets, outfall ditches, and structures for which the
owner thereof or his or her predecessor-ininterest obtained approval from the city for the construction or establishment, shall be maintained in good repair and in substantially the
form, condition and nature which was represented at the time they were constructed. It is the intention of this section that such permanent BMPs, having once been approved for construction
or development, shall not be allowed to deteriorate to a condition which is in any respect inferior to the condition or state upon which the original approval for construction or development
was based. For purposes of this section, either or both the owner or tenant of the structure or real property shall be considered the responsible party. (2) Maintenance of all permanent
BMPs shall be ensured through the creation of a ,§tormwater facility _.egreement th§lt pe __ -approved by the city and recorded jn the
office of the Jefferson County -county clerk and recorder prior to 1he issuance of a . certificate of occupancy or completion. The ,egreement shall be binding on all '" subsequent owners
of land served by the permanent BM P. -As part-of the ", ' ,egreement, a schedule shall be developed, detailing when and how often " maintenance wUI occur to-ensure proper function -of
the -permanent BMPs. The ,egreement sD§lU .§Ilso [>Ia_ns J9r to_ proper performance
of the facility between scheduled maintenance. ,egreement fqr_ to the_ 91 fo!
_ --periodic inspection or any lemedial by th_e cjty, or -contractor or agent, and for regular or special assessments of property owners to ensure
that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter ... __ Inspections of permanent BMPs. (1) All
permanent BMPs must undergo, at the minimUm, periodic inspections by the city, as deemed appropriate by the Director, to document maintenance and repair needs and ensure compliance with
the requirements of this chapter and accomplishment of its purposes. These needs may include removal of silt, litter and other debris from all catch basins, inlets, ponds and detention!
retention basins, outlet structures and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found by city inspection
or otherwise must be addressed in a timely manner, as determined in writing by by the Director. The inspection and maintenance 12 Deleted: formal Deleted: covenant Deleted: against the
@e of the subject property Deleted: final development plan or grading permit approval Deleted: covenant Deleted: covenant Deleted: covenant Deleted: clean outs Deleted: covenant Deleted:
required Deleted: The covenant shall be memorialized on the subdivision plat, annexation plat, development agreement or other instrument, or in a separate form acceptable to the
and shall be recorded in the office of the county clerk and recorder.
requirement may be increased as deemed necessary to ensure proper functioning of the permanent BMPs. (2) Inspection programs may be established by the city on any reasonable basis, including
but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified
as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants
or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the CDPS stormwater
permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to reviewing maintenance and repair records;
sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater
treatment practices. (3) When any permanent BMP is installed on private property, or when any new connection is made between private property and a public drainage control system, the
property owner shall grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter
a property when the city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance
or correction of a violation of this chapter. (4) Parties responsible for the operation and maintenance of a permanent BMP shall make records of its installation and of all maintenance
and repairs, and shall retain the records for at least 2 years. These records shall be made available to the city during inspection of the facility and at other reasonable times upon
request. Sec. 20-35. Financial security. (a) Construction of the BMPs and other stormwater facilities required by this Chapter shall be a condition of issuance of any grading permit
required pursuant to section 20-31 or section 26-623 of this Code. (b) A further condition of the grading permit required by section 20-31 and/or section 26-623 of this Code shall be
the posting of a performance bond to guarantee the construction of the BMPs or stormwater facilities required by this chapter, as fully set forth herein. (c) The amount of the performance
bond shall be based upon an itemized cost estimate prepared by the permittee and approved by the city. WRPW013 13
(d) Form of performance bond WRPW013 (1) The performance bond shall be for one hundred twenty-five (125) percent of the estimated costs of the required grading and BMP improvements as
computed by the permittee and approved by the Director. The requirement for a performance bond under chapter 26, section 623 of this Code may be satisfied by inclusion in the performance
bond required in this section. Submittal of more than one (1) bond is not required. (2) No form of performance bond drawn upon a bank or financial institution having any relationship
to the applicant or any principal, director, officer or shareholder of the applicant (other than the relationship of depositor or checking account holder), shall be acceptable. The city
may reject any tendered performance bond for any reason. (3) The performance bond shall be in a form satisfactory to the city attorney. The performance bond guarantees the city that
the financial backing is available and the improvements will in fact be completed and paid for. a. The performance bond may be from any financially responsible lender that is not directly
or indirectly owned or controlled by the permittee. b. The performance bond shall be in effect for a minimum period of one (1) year and shall be renewable for subsequent oneyear periods
at the city's sole discretion. c. The performance bond shall be such that the city is assured that the permittee has funds committed to the amount and that in the event of a default
by the permittee the city shall have available to it, upon demand or, funds necessary to construct any/or all of the grading and BMP improvements. d. The city may release percent portions
of the performance bond in increments of no less than twenty-five (25) at the discretion of the Director ()t al?l?lic_a.!1!.
1.!1 s,-!ch __ -{ Deleted: of public works an amended performance bond shall be required. In no case shall the full amount of the performance bond be released until final
acceptance has been granted and all BMP improvements have been constructed and approved. e. After all repairs are made at the end of the warranty period and final acceptance is issued,
the performance bond will be released. 14
(e) If the permittee does not successfully complete all required work or violates any requirement of the permit or this chapter, the city may take corrective measures and charge the
cost of such to the permittee. Such costs shall include the actual cost of any work deemed necessary by the city plus reasonable administrative and inspection costs and penalties pursuant
to this Code. If the total of such costs exceeds the performance bond, the permittee shall be responsible for payment of the remaining balance within thirty (30) calendar days of receipt
of an accounting of such from the city. Such costs, if unpaid, may be certified to the county treasurer for collection in the same manner as real property taxes. Sec. 20-36 -20-40. Reserved.
ARTICLE IV. ENFORCEMENT Sec. 20-41. Enforcement, generally. (a) All authorized personnel under the supervision of the Director have the power to conduct inspections, issues notices of
violations and implement other enforcement actions under this section. (b) Whenever the Director has cause to believe that there exists, or potentially exists, in or upon any premises,
any condition which constitutes a violation of this chapter, the Director shall have the right to enter the premises at any reasonable time to determine if there exists an actual or
potential violation of the requirements of this chapter. In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to
seek assistance from a court of competent jurisdiction in obtaining such entry. (c) The Director shall have the right to install on the property of any discharger to the MS4 any devices
deemed necessary to conduct an investigation of such discharges. The investigation may include, but is not limited to the following: sampling of any discharge or process waters, the
taking of photographs, interviewing staff or citizens in reference to alleged violations, and access to any and all facilities or areas within the premises that may have any effect on
the discharge. (d) For the purpose of enforcement of this chapter, violation of a prohibition of this chapter or failure to meet a requirement of this chapter shall constitute a nuisance.
Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Director may order compliance by written notice of violation to
the responsible person in accordance with the procedures outlined for nuisances in section 15-8, Abatement, of this Code. . .Emergency abatement. WRPW013 15
Deleted: (e) . In the event the I violation constitutes an immediate I danger to public or public " safety, the director or designee is I authorized to enter upon the subject
I property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.l1 , , Deleted: Appeal of notice of violation
In the event the violation constitutes an immediate danger to public health or public safety or pollution to the environment. the Director or designee is authorized to enter upon the
subject property. without giving prior notice. to take any and all measures necessary to abate the violation and/or restore the property. J3eC?:. ,ftecove!'i of expense
of abatement. I I JJ th§! _ 9 _ _ L 11}e _oY'{.n_e! of_ '!"J11L
. \ notified of the cost of abatement in accordance with the procedures outlined for '. \ nuisances in section 15-11. Recovery of expense of abatement. of this Code. '-\'
\ \ \' I \ 20-44. S_top work '-\' , -, \ \ \ , , , , \ \ , , , , \ Deleted: Any person receiving a notice of violation may appeal the determination of the
director. The notice of appeal must be received by the director within five (5) days from the date the notice of violation was given. Hearing on the appeal before the director or his/her
designee shall take place within ten (10) working days after the date of receipt of the notice of appeal. The decision of the director or hislher designee shall be final.ll Deleted:
Abatement Deleted: (a) . Deleted: within ten (10) days after abatement of the violation, Deleted: , including administrative costs, by personal delivery or by mail to the last known
address of the owner as shown in the records of the county assessor. The notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written
protest to the director objecting to the amount of the abatement within fifteen (15) days of Whenever the Director determines that any activity is occurring which is not in compliance
with the requirements of this chapter, the Director may order the \ activity stopped upon service of written notice upon the responsible owner and/or \ operator. The owner and/or operator
shall immediately stop all activity until authorized in writing by the city to proceed. If the owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous
place upon the area where the activity is occurring and shall state the nature of the violation. It shall be unlawful for any owner and/or operator to fail to comply with a stop work
order. , the effective date of the notice Sec. 20-45. Penalties. (a) It is unlawful and an offense for any person to violate or permit or cause violation of this chapter or of the provisions
of any permit issued under this chapter. Violators shall be .subject to the penalties as provided i!1 chapter 1, section 1-5 of this Code. Each day or part of a day any violation occurs
or " continues shall constitute a separate offense. (b) Any condition caused or permitted to exist in violation of any of the ' provisions of this chapter is a threat to public health,
safety, and welfare and is , declared and deemed a public nuisance. Any court of competent jurisdiction may enjoin violations of this chapter upon proof of such violations. (c) The remedies
in this chapter are cumulative and the exercise of anyone or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this chapter. The remedies
listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement
agency to seek cumulative remedies. Section 2. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
WRPW013 16 , Deleted: (b) . If no protest is filed, then the charges shall be come due and payable on the date set forth in the notice, which date shall be after the expiration of the
time in which to file an appeal.ll (c) . In the event a protest is filed, a meeting conSidering such protest shall be held before the director or designee within fifteen (15) days from
the date date of receipt of the written protest. The property owner shall be given notice of the hearing in the manner set forth in subsection (a) of this section. If any charges are
upheld upon completion of such hearing, then such charges shall become due and payable ten (10) days after the issuance of the decision of the director·ll (d) . If the amount due is
not paid within ten (10) days after the decision of the director or the expiration of the time in which to file an appeal under this chapter, the charges shall become a special assessment
against the property and shall constitute a lien on the property for the amount of the assessment. The assessment shall be certified by the city treasurer to the office of the ,, county
treasurer for collection in the same manner as the collection of " general property taxes.ll Deleted: punishable
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this day of , 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and
Public Hearing and consideration on final passage set for , 2010, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED
PUBLISHED on second and final reading by a vote of to , this day of , 2010. SIGNED by the Mayor on this ____ day of _________ , 2010. ATTEST: Michael Snow, City Clerk First Publication:
Second Publication: Wheat Ridge Transcript Effective Date: WRPW013 Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 17
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. 18 Ordinance No. ----Series of 2010 TITLE: AN ORDINANCE REVISING CHAPTER 20 OF THE WHEAT RIDGE CODE
OF LAWS, CONCERNING STORMWATER QUALITY AND CONTROL, AND IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge ("City") is a Colorado municipal home rule corporation vested with powers
under the Colorado constitution and statutes; and WHEREAS, on April 7 and 8, 2010, the City's State of Colorado General Permit Program for Stormwater Discharges associated with Municipal
Separate Storm Sewer Systems was audited; and WHEREAS, following said audit, the City received from the State of Colorado a Compliance Advisory, dated May 3, 2010, for the City's General
Permit for Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems, Permit Number COR 090015; and WHEREAS, as a condition of this Compliance Advisory the City is
required to revise Chapter 20 of the Code of Laws of the City of Wheat Ridge ("Code"), concerning stormwater quality and control addressing illicit discharge detection and elimination,
construction site stormwater runoff control and post-construction stormwater management; and WHEREAS, it is deemed to be in the best interest of the public health and welfare of the
residents of the City for the City to comply with the Compliance Advisory; and WHEREAS, to this end, the City Council desires to revise Chapter 20 of the Wheat Ridge Code of Laws, concerning
stormwater quality and control. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 20 of the Code, concerning stormwater quality
and control , is hereby repealed and reenacted to read in its entirety as follows: Attachment 2 WRPWOll.l
WRPW 013 CHAPTER 20 STORMWATER QUALITY AND CONTROL Article I. In General Sec. 20-1. Purpose and objectives. Sec. 20-2. Definitions. Sec. 20-3. Applicability. Sec. 20-4. Responsibility
for administration. Sec. 20-5 -20-10. Reserved. Article II. Illicit Discharges Sec. 20-11. Illicit discharges prohibited. Sec. 20-12. Illicit discharges exempted. Sec. 20-13. Illicit
connections prohibited. Sec. 20-14. Requirements applicable to potential discharges. Sec. 20-15. Best management practices. Sec. 20-16. Access and inspections of properties and facilities.
Sec. 20-17. Notification of spills. Sec. 20-18 -20-30. Reserved. Article III. Permits Sec. 20-31. Applicability. Sec. 20-32. Technical standards and specifications. Sec. 20-33. Construction
stormwater management plan. Sec. 20-34. Post-construction requirement of permanent BMPs. Sec. 20-35. Guarantee and Financial security. Sec. 20-36 -20-40. Reserved. Article IV. Enforcement
Sec. 20-41. Enforcement. Sec. 20-42. Appeal of Notice of Violation. Sec. 20-43. Abatement. Sec. 20-44. Stop Work Order. Sec. 20-45. Penalties. 2
ARTICLE I. IN GENERAL Sec. 20-1. Purpose and objectives. The purpose of this chapter is to regulate non-stormwater discharges to the storm drainage system, as required by federal and
state law and to protect and enhance the water quality of watercourses, water bodies and wetlands in a manner consistent with the Federal Clean Water Act. The objectives of this chapter
are: (1) To regulate the introduction of pollutants to the municipal separate storm sewer system (MS4); (2) To prohibit illicit connections and discharges to the MS4; (3) To provide
for inspection and monitoring procedures necessary to ensure compliance with this Chapter; (4) To reduce pollutants in stormwater discharges from construction activity by guiding, regulating,
and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land; (5)
To require permanent stormwater runoff controls to be constructed along with development to prevent the deterioration of water quality; and (6) To promote public awareness of the hazards
involved in the improper discharge of Pollutants into the storm drainage system. Sec. 20-2. Definitions. For the purposes of this chapter, the following words and phrases shall have
the meaning set forth in this section: Agricultural activities. Activities directly related to: a. land preparation for farming such as plowing and disking, for the purpose of crop production;
b: the housing and pasturing of livestock. Approved SWMP. The SWMP that is currently approved by the City. This would also include any minor modifications that have been made to the
SWMP at the construction site. Best management practices; aka BMPs. Schedules of activities, prohibitions of practices, general good housekeeping, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater
conveyance systems. BMPs also include permanent or non-permanent treatment practices, structures, ponds or basins, landscaping, operating procedures, .. WRPW 013 3
and other practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. COPHE. The Colorado Department of Public Health and Environment.
cops. The Colorado Discharge Permit System Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Director. The City
of Wheat Ridge Public Works Director or designee. Disturbed area. That area of the land's surface disturbed by any work or activity upon the property by means including but not limited
to grading, excavating, stockpiling soil, fill, or other materials; clearing; vegetation removal ; removal or deposit of any rock, soil, or other materials; or other activities which
expose soil. Disturbed area does not include disturbance caused by normal agricultural activities. Facility. Any building, including a private home, structure, installation, process
or activity from which there is or may be a discharge of a Pollutant. Finally stabilized area. All disturbed areas that have been either built on, paved, or a uniform perennial vegetative
cover has been established, or equivalent permanent physical erosion reduction methods and best management practices have been employed. If perennial vegetation is applied, 'final stabilization'
shall be established as defined in the city Standard Seeding and Mulching Installation Notes (as referenced on WR engineering detail E-A03). Hazardous materials. Any material, including
any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute
to, a substantial present or potential hazard to human health, safety, property, or to the environment when improperly treated, stored, transported, disposed of, or otherwise manage.
Illicit connections. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system, including, but not limited to
any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drainage system; and any connections to the storm drainage
system from indoor drains, sump pumps, floor drains or sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved. Illicit discharge. Any
direct or indirect release of pollutants to the storm drainage system, except as exempted in this chapter. Industrial activity. Activities subject to NPDES industrial permits, as defined
in 40 CFR, Section 122.26(b)( 14), or successor regulations thereto. ,. WRPW 013 4
Major SWMP modification. Modifications to the approved SWMP that change the hydrology. Minor SWMP modification. Modifications to the approved SWMP that result in substitutions or adjustments
to BMPs that provide equivalent performance and protection and do not result in conditions that require a major modification. Mobile washing operation. A commercial activity involving
power washing, steam cleaning, and any other method of mobile cosmetic cleaning of, by way of example, the following: vehicles, fabric, pets and/or exterior surfaces. Municipal separate
storm sewer system. (MS4) Publicly-owned facilities by which storm water is collected and conveyed, including, but not limited to any roads with drainage systems, municipal streets,
gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, and natural and human-made or altered drainage ditches/channels/lakes/reservoirs,
and other drainage structures. National pollutant discharge elimination system (NPDES) stormwater discharge permit. A permit issued pursuant to section 402 of the Clean Water Act, including
permits issued by the State of Colorado in compliance with the Act. Non-stormwater discharge. Any discharge to the storm drain system that is not composed entirely of stormwater. Operator.
The individual who has day-to-day supervision and control of activities occurring at the construction site, includes the owner, the developer, the general contractor or the agent of
one of these parties. Owner. The person who owns a facility, development, part of a facility, or land. Pollutant. Any sewage, sewage biosolids, garbage, chemical waste, biological material,
solid waste, incinerator residue, ash, munitions, radioactive material, heat, rock, sand, cellar dirt and industrial and agricultural wastes discharged in the water. Pollution. The presence
in waters of the state of any substances, contaminants, or manmade or man-induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity
of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere
with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law. Premises. Any building, lot, parcel of land, or portion of land whether improved
or unimproved, and including adjacent sidewalks and parking strips. Receiving water. Any water of the State of Colorado that receives a stormwater discharge from MS4, including all watercourses,
even if they are usually dry, and irrigation ditches that receive municipal stormwater. It also includes storm sewer systems owned by other entities. WRPW 013 5
Spill. Any intentional or unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the state. Storm Drainage System. Also defined as municipal
separate storm sewer system (MS4). Storm wa ter. Any surface flow, runoff, and drainage consisting entirely of water from any form or natural precipitation, and resulting from such precipitation.
Stormwater management plan (SWMP). A plan describing the BMP and activities to be implemented to identify sources of pollution or contamination at a site and the actions to eliminate
or reduce pollutant discharges to stormwater, MS4, and/or receiving waters to the maximum extent practicable. Threatened discharge. A condition creating a substantial probability of
harm, which make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Wastewater. Any water or other liquid,
other than uncontaminated stormwater, discharged from a facility. Watercourse. A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir
or lake, including major drainageways, in which runoff and floodwater flows, either regularly or infrequently. Waters of the State of Colorado (waters of the state). Any and all surface
and subsurface waters that are contained in or flow in or through the State of Colorado. The definition includes all watercourses, even if they are usually dry. Sec. 20-3. Applicability.
This chapter shall apply to all water and other discharges entering the storm drainage system generated on any developed and undeveloped real property with in the city unless explicitly
exempted by a provision hereof. Sec. 20-4. Responsibility for administration. The Director shall administer, implement, and enforce the provision of this chapter. Sec. 20-5 -20-10. Reserved.
WRPW 013 6
ARTICLE II, ILLICIT DISCHARGES Sec. 20-11. Illicit discharges prohibited. No person shall discharge or fail to implement adequate best management practices to prevent an illicit discharge
into the MS4 or watercourses, including, but not limited to, the following: (1) Chemicals, petroleum products, paint, varnishes, solvents, oil and grease and other automotive fluids,
pesticides, herbicides, and fertilizers, or other toxic materials; (2) Non-hazardous liquid and solid wastes; (3) Hazardous materials, sewage, fecal coliform and pathogens, dissolved
and particulate metals; (4) Trash, refuse, rubbish , garbage, food wastes, animal wastes, litter, other discarded or abandoned objects, floatables and cleaning products; (5) Landscaping
materials, sediment, lawn clippings, leaves, branches or other landscaping and yard debris; (6) Construction activities wastes and residues including but not limited to, painting, paving,
concrete placement, saw cutting, material storage and earthwork; (7) Wastes and residues that result from mobile washing operations; discharges from toilets; sinks; industrial processes;
cooling systems; boilers; fabric cleaning; equipment cleaning; commercial vehicle cleaning; (8) Any other material that is considered harmful to humans, animals, or aquatic life and
its habitat. Sec. 20-12. Illicit discharges exempted. The following discharges, when properly managed, are exempt from the discharge prohibitions established by this chapter. Meeting
exemptions identified in this section does not imply or determine that a COPS permit is not required. WRPW 0 13 (1) Allowable non-stormwater discharges. Water line flushing or other
potable water sources, landscape irrigation or lawn watering, irrigation return flows, diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains,
uncontaminated pumped ground water, roof drains, foundation or footing drains, air conditioning condensation, water from crawl space pump, basement drains, springs, individual residential
car washing, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated -less than 0.05 PPM chlorine), 7
fire fighting activities, incidental discharges from street sweeping operations (including associated sidewalks and medians, and that is not associated with construction), and any other
water source not containing pollutants. (2) Discharges approved by the authorized enforcement agency necessary to protect public health and safety, such as flows from firefighting and
street sweeping. (3) Dye testing, provided the person undertaking such testing provides verbal notification to the authorized enforcement agency 24 hours prior to the time of the test.
(4) Runoff of roadway and sidewalk anti-icing and deicing agents; provided that they are applied according to Best Management Practices. (5) Runoff associated with normal agricultural
activities. (6) Any non-stormwater discharge permitted under a COPS or NPDES permit, waiver or waste discharge order issued and administered under the authority of the Federal Environmental
Protection Agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (7) Occasional
incidental non-stormwater discharges. Snow melting operations, swimming pools, potable water sources, and charity car washes provided that adequate BMPs are in place to minimize the
discharge of pollutants. (8) Discharges as a result of activities of the City, where needed for emergency purposes or to protect public safety, if approved by the Director. Sec. 20-13.
Illicit connections prohibited. The construction, use, maintenance or contained existence of illicit connections to the MS4 is prohibited. This prohibition expressly includes, without
limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Sec.
20-14. Best management practices. The owner or operator of a commercial or industrial establishment or a disturbed area shall provide, at their own expense, reasonable protection from
accidental accidental discharge of prohibited materials or other wastes into the MS4 or watercourse through the use of structural and non-structural BMPs. Further, any person responsible
for premises, which are, or may be, the source of an illicit discharge, may be required to WRPW 013 8
implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Sec. 20-15. Notification of spills. Notwithstanding
any other requirement of law, as soon as any person responsible for any premises, facility or operation, or responsible for emergency response for a facility or operation, has information
of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drainage system, the MS4,
or waters of the state, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials
said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person
shall notify the Director in person or by telephone no later than twenty-four (24) hours after the release. Notifications in person or by telephone shall be confirmed by written notice
addressed and mailed to the Director within five (5) calendar days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained
for at least three (3) years. Sec. 20-16 -20-31. Reserved. WRPW 01 3 9
ARTICLE III. PERMITS Sec. 20-31. Applicability. . (a) Permit required. It shall be unlawful for any person to conduct any activity resulting in any of the following total disturbed areas
without first obtaining a grading permit; pursuant to this section and section 26-623 of this Code. The requirements of this section shall be in addition to those contained within section
26-623. In the event of conflict between this chapter and section 26-623, the more restrictive requirement shall apply. A grading permit shall be required for disturbed areas of: (1)
One (1) acre or more. (2) Less than one (1) acre if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities
may take place at different times on different schedules. (3) The city may also require a grading permit regardless of the size of the total disturbed area in conjunction with approval
of a final subdivision plat, special use permit, or site development plan, or if the construction activities are adjacent to a watercourse or wetlands. (b) Exemptions. The following
activities are exempt from this section: (1) Agricultural land management activities, not including construction activities. (c) Permit application. Applications for grading permits
shall be filed on a form prescribed by the city. (1) In support of the application, the applicant shall submit all information required on the city's form and any additional information
requested by the city. (2) The application shall be signed by all persons responsible for compliance with the permit throughout the permit's validity. (3) The application shall include
documentation of an application for a CDPHE stormwater general permit for construction activities and a completed SWMP which must include an erosion and sediment control plan. (d) Land
disturbance activities may not proceed until grading permit approval is received from the city. WRPW 0 13 10
(e) Permit issuance or denial. The grading permit may be denied if the applicant fails to provide the information required by this chapter and section 26-623. If a permit is denied,
the applicant shall be notified in writing of the grounds for denial and of the corrective actions that must be taken to obtain a permit. An applicant may appeal the denial in writing
to the Director no later than thirty calendar days from the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents in support of the
applicant's appeal. The Director shall issue a ruling on the matter within thirty calendar days of receipt of an appeal based solely upon review of the application, denial, appeal, and
all documents related thereto. The applicant shall receive written notice of the Director's ruling. (f) Performance standards and fees. Performance standards and fees for any permit
required by this chapter shall be met and paid per the schedules on the permit form. No permit shall be issued until and unless the performance standards have been met and fees paid
in full . Sec. 20-32. Technical standards and specifications. All BMPs designed to meet the requirements of this Chapter shall comply with the following technical standards: (1) Urban
Drainage and Flood Control District's Urban Storm Drainage Criteria Manual -Volume 3 or its successor; (2) City of Wheat Ridge site drainage requirements; and (3) Any other alternative
methodology approved by the City, which is demonstrated to be effective. Sec. 20-33. Construction stormwater management plan. (a) The stormwater management plan (SWMP) shall be prepared
in accordance with the requirements of the most recent SWMP guidance document prepared by the CDPHE, and the engineering and hydrologic practices outlined in the current City site drainage
requirements document. (b) The owner or its representative will be required to have the City approved SWMP on site at all times and shall be prepared to respond to maintenance of specific
BMPs. (c) The The owner or its representative shall inspect all BMPs at least every fourteen (14) days and within twenty-four (24) hours after any precipitation or snow melt event that
causes noticeable erosion, and when specifically requested by the city. Inspections of BMPs shall be conducted by an individual who is experienced with commonly accepted structural and
non-structural BMPs for erosion and sediment control. WRPW 013 1 1
(d) Based on inspections performed by the owner or by the city, modifications to the SWMP will be necessary if at any time the specified BMP's do not meet the objectives of this chapter.
In this case, the owner shall meet with City personnel to determine the appropriate modifications. All modifications shall be completed immediately of the referenced inspection, and
shall be recorded on the owner's copy of SWMP. (e) SWMP modifications. The operator shall amend the SWMP whenever there is a change in design, construction, operation, or maintenance
of the BMPs, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWMP proves to be ineffective in achieving the general
objectives of controlling pollutants in stormwater discharges associated with construction activities. Minor modifications to the SWMP do not need to be reviewed by the City, but must
be noted in the SWMP. Major modifications to the SWMP are required to be submitted to the City for review and approval before being included in the SWMP. (f) Records of inspection shall
be maintained on site with the SWMP and shall be made available to the city inspector upon request. (g) Certification of permanent BMPs. Upon completion of a project, prior to final
acceptance and/or a certificate of occupancy or completion being granted, the city shall be provided a written certification stating that the completed project is in compliance with
the approved SWMP. All applicants are required to submit "as built" or "record" plans for any permanent BMPs after final construction is completed per requirements of the city land development
ordinance, if applicable. A final inspection by the city is required before the release of any performance securities can occur. Sec. 20-34. Post-construction requirement of permanent
BMPs. (a) Land development that is subject to the requirements of this chapter must address stormwater runoff quality through the use of permanent BMPs which shall be maintained in perpetuity.
WRPW 013 (1) All permanent BMPs of any site including, without limitation, detention basins, retention basins, ponds, inlets, outlets, outfall ditches, and structures for which the owner
thereof or his or her predecessor-ininterest obtained approval from the city for the construction or establishment, shall be maintained in good repair and in substantially the form,
condition and nature which was represented at the time they were constructed. It is the intention of this section that such permanent BMPs, having once been approved for construction
or development, shall not be allowed to deteriorate to a condition which is in any respect inferior to the condition or state upon which the original approval for construction or development
was based. For purposes of this section, either or both the 12
owner or tenant of the structure or real property shall be considered the responsible party. (2) Maintenance of all permanent BMPs shall be ensured through the creation of a stormwater
facility maintenance agreement that must be approved by the city and recorded in the office of the Jefferson County county clerk and recorder prior to the issuance of a certificate of
occupancy or completion. The agreement shall be binding on all subsequent owners of land served by the permanent BMP. As part of the agreement, a schedule shall be developed, detailing
when and how often maintenance will occur to ensure proper function of the permanent BMPs. The agreement shall also include plans for periodic inspections to ensure proper performance
of the facility between scheduled maintenance. The agreement shall provide for access to the facility at reasonable times for periodic inspection or any remedial maintenance by the city,
or its contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and
any other provisions established by this chapter. (b) Inspections of permanent BMPs. WRPW 013 (1) All permanent BMPs must undergo, at the minimum, periodic inspections by the city, as
deemed appropriate by the Director, to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs
may include removal of silt, litter and other debris from all catch basins, inlets, ponds and detention/retention basins, outlet structures and drainage pipes, grass cutting and vegetation
removal, and necessary replacement of landscape vegetation. Any maintenance needs found by city inspection or otherwise must be addressed in a timely manner, as determined in writing
by the Director. The inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the permanent BMPs. (2) Inspection programs may be established
by by the city on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations;
inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated
with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal
water or sediment quality standards or the COPS stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but
are not limited to reviewing maintenance and repair records; sampling discharges, 13
surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater treatment practices.
(3) When any permanent BMP is installed on private property, or when any new connection is made between private property and a public drainage control system, the property owner shall
grant to the city the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when the city
has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation
of this chapter. (4) Parties responsible for the operation and maintenance of a permanent BMP shall make records of its installation and of all maintenance and repairs, and shall retain
the records for at least 2 years. These records shall be made available to the city during inspection of the facility and at other reasonable times upon request. Sec. 20-35. Financial
security. (a) Construction of the BMPs and other stormwater facilities required by this Chapter shall be a condition of issuance of any grading permit required pursuant to section 20-31
or section 26-623 of this Code. (b) A further condition of the grading permit required by section 20-31 and/or section 26-623 of this Code shall be the posting of a performance bond
to guarantee the construction of the BMPs or stormwater facilities required by this chapter, as fully set forth herein. (c) The amount of the performance bond shall be based upon an
itemized cost estimate prepared by the permittee and approved by the city. (d) Form of performance bond WRPW 013 (1) The performance bond shall be for one hundred twenty-five (125) percent
of the estimated costs of the required grading and BMP improvements as computed by the permittee and approved by the Director. The requirement for a performance bond under chapter 26,
section 623 of this Code may be satisfied by inclusion in the performance bond required in this section. Submittal of more than one (1) bond is not required. (2) No form of performance
bond drawn upon a bank or financial institution having any relationship to the applicant or any principal, director, officer or shareholder of the applicant (other than the relationship
of depositor or checking account holder), shall be acceptable. The city may reject any tendered performance bond for any reason. 14
(3) The performance bond shall be in a form satisfactory to the city attorney. The performance bond guarantees the city that the financial backing is available and the improvements will
in fact be completed and paid for. a. The performance bond may be from any financially responsible lender that is not directly or indirectly owned or controlled by the permittee. b.
The performance bond shall be in effect for a minimum period of one (1) year and shall be renewable for subsequent oneyear periods at the city's sole discretion. c. The performance bond
shall be such that the city is assured that the permittee has funds committed to the amount and that in the event of a default by the permittee the city shall have available to it, upon
demand or, funds necessary to construct any/or all of the grading and BMP improvements. d. The city may release percent portions of the performance bond in increments of no less than
twenty-five (25) at the discretion of the Director upon written request of the applicant. In such case, an amended performance bond shall be required. In no case shall the full amount
of the performance bond be released until final acceptance has been granted and all BMP improvements have been constructed and approved. e. After all repairs are made at the end of the
warranty period and final acceptance is issued, the performance bond will be released . (e) If the permittee does not successfully complete all required work or violates any requirement
of the permit or this chapter, the city may take corrective measures and charge the cost of such to the permittee. Such costs shall include the actual cost of any work deemed necessary
by the city plus reasonable administrative and inspection costs and penalties pursuant to this Code. If the total of such costs exceeds the performance bond, the permittee shall be responsible
for payment of the remaining balance within thirty (30) calendar days of receipt of an accounting of such from the city. Such costs, if unpaid, may be certified to the county treasurer
for collection in the same manner as real property taxes. Sec. 20-36 -20-40. Reserved. WRPW 013 15
.. -.. ARTICLE IV. ENFORCEMENT Sec. 20-41. Enforcement, generally. (a) All authorized personnel under the supervision of the Director have the power to conduct inspections, issues notices
of violations and implement other enforcement actions under this section. (b) Whenever the Director has cause to believe that there exists, or potentially exists, in or upon any premises,
any condition which constitutes a violation of this chapter, the Director shall have the right to enter the premises at any reasonable time to determine if there exists an actual or
potential violation of the requirements of this chapter. In the event that the owner or occupant refuses entry after a request to enter has been made, the city is hereby empowered to
seek assistance from a court of competent jurisdiction in obtaining such entry. (c) The Director shall have the right to install on the property of any discharger to the MS4 any devices
deemed necessary to conduct an investigation of such discharges. The investigation may include, include, but is not limited to the following: sampling of any discharge or process waters,
the taking of photographs, interviewing staff or citizens in reference to alleged violations, and access to any and all facilities or areas within the premises that may have any effect
on the discharge. (d) For the purpose of enforcement of this chapter, violation of a prohibition of this chapter or failure to meet a requirement of this chapter shall constitute a nuisance.
Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Director may order compliance by written notice of violation to
the responsible person in accordance with the procedures outlined for nuisances in section 15-8, Abatement, of this Code. Sec. 20-42. Emergency abatement. In the event the violation
constitutes an immediate danger to public health or public safety or pollution to the environment, the Director or designee is authorized to enter upon the subject property, without
giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. Sec. 20-43. Recovery of expense of abatement. If the city abates a violation
of this chapter, the owner of the property will be notified of the cost of abatement in accordance with the procedures outlined for nuisances in
section 15-11, Recovery of expense of abatement, of this Code. Sec. 20-44. Stop work order. Whenever the Director determines that any activity is occurring which is not in compliance
with the requirements of this chapter, the Director may order the activity stopped upon service of written notice WRPW 013 16
upon the responsible owner and/or operator. The owner and/or operator shall immediately stop all activity until authorized in writing by the city to proceed. If the owner and/or operator
cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring and shall state the nature of the violation. It shall be unlawful
for any owner and/or operator to fail to comply with a stop work order. Sec. 20-45. Penalties. (a) It is unlawful and an offense for any person to violate or permit or cause violation
of this chapter or of the provisions of any permit issued under this chapter. Violators shall be subject to the penalties as provided in chapter 1, section 1-5 of this Code. Each day
or part of a day any violation occurs or continues shall constitute a separate offense. (b) Any condition caused or permitted to exist in violation of any of the provisions of this chapter
is a threat to public health, safety, and welfare and is declared and deemed a public nuisance. Any court of competent jurisdiction may enjoin violations of this chapter upon proof of
such violations. (c) The remedies in this chapter are cumulative and the exercise of anyone or more remedies shall not prejudice any other remedies that may otherwise be pursued for
a violation of this chapter. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal , state or local law and it is within
the discretion of the authorized enforcement agency to seek cumulative remedies. Section 2. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication,
as provided by Section 5.11 of the Charter. WRPW 0 13 17
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this day of , 2010, ordered published with Public Hearing and consideration on final passage set for ________ _
2010, at 7:00 p.m., in the Council Chambers, 7500 W. 29th, Wheat Ridge, CO, and that it take effect 15 day after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and
final reading by a vote of to , this day of , 2010. SIGNED by the Mayor on this ____ day of _________ , 2010. ATTEST: Michael Snow, City Clerk First Publication: Second Publication:
Wheat Ridge Transcript Effective Date: WRPW 0 13 Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 18
City of ITEM NO: L.J. DATE: November 8, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PROPOSED CHANGES TO COUNCIL RULES OF
ORDER AND PROCEDURE D PUBLIC HEARING BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES City Manager The
following changes to Council Rules of Order are proposed for consideration: 1. Proposed restriction of public testimony at Council Study Sessions unless waived by the City Council 2.
A provision allowing Council Members the option to respond to citizens after the closure of the Citizen Comment portion of Council Meetings 3. Proposal to select a Mayor Pro-Tern nominee
by secret ballot and to elect the selected nominee by a majority vote, with the encouragement to confirm the nomination unanimously According to the current Rules of Order and Procedure,
changes to City Council Rules are to be reviewed by Council at a City Council Meeting prior to voting on said changes. Consideration for approval of any proposed changes to Council Rules
was held at the City Council Meeting of October 11, 2010, with the vote on said changes at the at the November 8, 2010 Regular City Council Meeting. PRIOR ACTION: At the October 11 ,
2010, Council requested the proposed changes be considered at the November 8, 2010 City Council Meeting. V:\Fonns\CAFtemplate
Council Action F onn November 8, 2010 Page 2 FINANCIAL IMPACT: None BACKGROUND: Changes to Council Rules by Council consensus at the September 20,2010 Study Session with a follow up
request at the October 11, 2010 City Council Meeting on item 3 as outlined below: 1. Citizen Comments: Council agreed to maintain their choice whether to respond to citizens after the
closure of the Citizen Comments portion of the meeting. 2. Study Session: Council agreed to set a rule to not allow public testimony during Study Session unless approval to waive the
rules by Council. 3. Mayor Pro-Tern: Section B, Paragraph 1 read as follows: At the first or second business meeting in November of each year, the Council shall nominate by secret paper
ballot, and elect by motion upon a majority vote, a mayor Pro Tern who shall serve until their successor is elected. The Council is encouraged to confinn the nomination unanimously.
RECOMMENDATIONS: Adopt the amended City Council Rules of Order and Procedure as amended. RECOMMENDED MOTION: "I move to adopt the amended CITY COUNCIL RULES OF ORDER AND PROCEDURE, revised
November 8, 2010." Or "I move to deny the adoption ofthe amended CITY COUNCIL RULES OF ORDER AND PROCEDURE for the following reason(s) " REPORT PREPARED BY: Janice Smothers, Administrative
Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: 1. Council Rules with proposed changes in RED 2. Study Session notes of September 20,2010 3. City Council
Minutes of October 11,2010
( RULES OF ORDER AND PROCEDURE CITY COUNCIL WHEAT RIDGE, COLORADO Attachment 1
TABLE OF CONTENTS AUTHORITY ..... ..................... ........ . ... ......... .. ...... .. .. ..... .. ... . .. .... .. ....... ... .... ... .. ... ... . .... 3 GENERAL RULES .....................
............ ......................... ........ ... ..... .. .. .. ... ...... ......... . 3-4 ABSENCE FROM MEETINGS ......................................... ... ..... .......... ..
.. .... .... .... .. 3 RIGHT OF FLOOR ....................................................... .......... .... ... ... ... ... .. ........ 3 ELECTED OFFICIALS' MATTERS ............................
............ ... .. . .... .. .. .... .. ..... . ..... 4 CITY ATTORNEY ...................................................................... ... ................... 4 CITY CLERK ....................
................... ................................ . ... .. ..................... 4 PARLIAMENTARIAN .......................................................... ..............................
4 TYPES OF MEETINGS ............................................................................................ 4-6 BUSINESS MEETINGS ................................................................
.................... 4 ADJOURNED MEETINGS .................................................................................. 5 EXECUTIVE SESSIONS .....................................................
.............................. 5 INFORMAL MEETINGS ................................................................................. 5-6 ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS
AND SOCIAL GATHERINGS .......................................................................................... ...... 6 CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES ....................................
................ 6-7 CHAIRMAN .................................................................................................... 6 MAYOR PRO TEM ....................................................
.................................... 6-7 PRESERVATION OF ORDER ............................................................................. 7 POINT OF ORDER .........................................
......................... . ....................... 7 ORDER OF BUSINESS AND THE AGENDA ............................................................... 7-10 ORDER OF BUSINESS .........................
............................................................ 7 AGENDA ....................................................................................................... 8 AGENDA
ITEMS ............................................................................................. 9 PUBLIC HEARINGS .................................................................................
........ 9 ORDINANCES ON FIRST READING ................................................................... 9 TIME OF ADJOURNMENT ......................................................................
......... 10 ORDINANCES, RESOLUTIONS, AND MOTIONS ................................................. 10 RECONDIDERATION ................................................................................
10 CITY ATTORNEY TO APPROVE ................................................................... 10 CITIZENS' RIGHTS ...................................................................................
.............. 11 CITIZENS' RIGHT TO SPEAK ......................................................................... 11 CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS ......................................
....... 11 WRITTEN COMMUNICATIONS ........................................................................ 11 SUSPENSION AND AMENDMENT OF THESE RULES ................................................
11-12 SUSPENSION OF RULES ............................................................................... 12 AMENDMENT OF RULES .......................................................................
......... 12 REVIEW ...................................................................................................... 12 APPROPRIATIONS ..........................................................
........................................ 12 2
RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE COLORADO AUTHORITY: The Charter of the City of Wheat Ridge provides t hat the Counci l may determine its
own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council until such t ime as they are amended or new rules adopted in the
manner provided by these rules. GENERAL RULES A. ABSENCE FROM MEETINGS: In the event that a Council Member is absent from a meeting, the member shall notify the City Clerk, and the City
Clerk will duly notify the City Council at the beginning of the meeting why said Council Member is absent. B. RIGHT OF THE FLOOR: 1. The presiding officer must first recognize each Council
Member requesting to speak on an agenda item unless limited by a motion to limit debate or for calling the question. 2. Speakers shall confine themselves to the question under discussion.
All discussion must be germane to the agenda item. 3. Members of Council shall avoid personal attacks and refrain from impugning the motives of any member's argument or vote. 4. Each
Council Member shall have the right to speak two (2) times for up to five (5) minutes each time to ask questions on each agenda item. Answers to questions will be included in the time
and the time will not be cumulative. Before a vote, each Council Member shall have an additional three (3) minute period to make a summation. 5. No Council Member shall be allowed to
speak more than once upon anyone agenda item until every other member choosing to speak thereon shall have spoken. 6. Once a vote has been taken, there shall be no further discussion
on that motion or Agenda Item unless a motion to reconsider is adopted. 7. In the event of an amendment, the maker of the amendment shal l have one (1) three (3) minute period to make
the amendment and speak to the amendment. All other members of Council shall have one (1) two (2) minute period to speak to the amendment. 3
C. ELECTED OFFICIALS' MATTERS: This is the time that elected officials and staff may make comment s on any subject. Time limit per elected official and staff will be five (5) minutes.
D. CITY ATTORNEY: The City Attorney, or acting City Attorney, shall attend all meetings of the Council unless excused by the City Council and shall, upon request, give an opinion, either
written or oral, on the question of law. E. CITY CLERK: The City Clerk, or deSignated representative, shall attend all meetings of Council and shall keep the official minutes. F. PARLIAMENTARIAN:
1. The Mayor Pro Tem shall also function as the Council Parliamentarian. 2. The Parliamentarian shall advise the Chair and members of Council on parliamentary rules. TYPES OF MEETINGS
A. BUSINESS MEETINGS: 1. The Council meets in the Municipal Building for Business, Study, Adjourned, and Special Meetings, unless otherwise specified. 2. Council Business Meetings are
held the second (2nd ) and fourth (4th) Monday of each month at 7:00 PM unless otherwise specified. 3. Study Sessions are the first (1st) and third (3rd) Monday of each month at 6:30
p.m., unless otherwise specified. 4. Study Sessions shall be for the purpose of discussion of concepts and ideas. No formal business shall be conducted. Consensus votes during all Study
Sessions are non-binding, and unless the issue is disposed of at a Business, Adjourned, or Special Meeting, may be amended or reconsidered in that or any future Study Session. a) Public
Testimony will not be allowed at Study Sessions unless waived by City Council. 4
B. ADJOURNED MEETINGS : Any Meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a period longer than the next Council Business
Meeting. C. EXECUTIVE SESSIONS: 1. The Council may meet in Executive Session on a vote of a majority of City Council in a regular business meeting (Charter-Sec 5.7). 2. No notes may
be taken during an Executive Session except by the City Clerk and/or City Attorney. 3. If at any time during the session, a Council Member feels that a matter is being discussed other
than that stated, that member should so state and may request that the session be terminated. Upon consensus vote of Council Members present, the session shall be terminated. D. INFORMAL
MEETINGS: 1. Five (5) or more members of Council may attend informal meetings held for the purpose of acquiring information and discussion topics provided that public notice of the meeting
is posted in the location establishing for posting of all Wheat Ridge meetings at least 72 hours prior to the meeting, listing the topiC of the meeting, its location, time, and date.
The location of this posting shall be the bulletin board outside the City Court room in City Hall. a) Copies of the notice shall be given to all City Council Members, the City Clerk,
at least 72 hours before the meeting. b) The City Clerk is responsible for the posting of the Meeting. 2. Any THREE or FOUR Council Members may attend informal meetings held for the
purpose of acquiring information and discussing topics. SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE TAKEN. 3. Meetings involving
no more than two Council Members, whether in person or by telephone, shall not be subject to any of the requirements in this Rule. 5
4. In no event, shall any vote or other action or decision be taken . This Rule (D) (4) shall not apply to standing Council Committees. 5. All Meetings shall be open to members of the
public and the press. E. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL GATHERINGS: 1. The purpose for this rule is to permit the City to be represented by its elected officials
at meetings of other groups or organizations, including, without limitations, intergovernmental organizations, neighborhood organizations, business and service organizations, and other
organizations .or groups with whom the City has a relationship. 2. Any member of Council and the Mayor may attend meetings of other groups without prior notice, provided however, that
any such meeting, if attended by three or more members of the Council, is open to the public, pursuant to Section 24-6-401, et seq., C.R.S. 3. Social gatherings, at which the discussion
of public business is not the central purpose, shall not be subject to any of the requirements of Rule F. CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES A. CHAIRMAN: 1. The Mayor shall preside
over the meetings of the Council. 2. In the absence of the Mayor, the Mayor Pro Tem shall preside. B. MAYOR PRO TEM 1. At the first or second business meeting in November of each year,
the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor is elected. The Council is encouraged
to confirm the nomination unanimously. 2. If presiding, the Mayor Pro Tem shall have the voting privileges of a regular Council Member. 3. The Mayor Pro Tem's duties shall include reviewing
and setting the Agenda on Wednesday prior to Council Meetings and determination of 6
emergency items at Council Meetings. The Mayor Pro Tem shall have the aut hority to pull any item off the Agenda with the exception of an item placed on the Agenda by two (2) Council
Members. 4 . The Mayor Pro Tem shall arrange for, and coordinate the orientation of all newly elected officials wit hin two months after the election. C. PRESERVATION OF ORDER: The Chairman
shall preserve order and decorum, prevent personal attacks or the impugning of members motives, confine members in debate to questions under discussion, be responsible for conducting
meetings in an orderly manner, assure that the majority opinion may be expressed and that the majority be allowed to rule. D. POINT OF ORDER: The Chairman shall determine all Points
of Order, subject to t he rights of any Council Member to appeal to the Council . ORDER OF BUSINESS AND THE AGENDA A. ORDER OF BUSINESS The general rule as to the Order of Business in
regular Council Business Meetings is stated thus: • CALL TO ORDER • PLEDGE OF ALLEGIANCE • ROLL CALL CALL • APPROVAL OF MINUTES • PROCLAMATIONS AND CEREMONIES • CITIZENS RIGHT TO SPEAK
• APPROVAL OF AGENDA • CONSENT AGENDA • PUBLIC HEARINGS, ORDINANCES ON SECOND READING, FINAL SITE PLANS • ORDINANCES ON FIRST READING • DECISIONS, RESOLUTIONS AND MOTIONS • COMMITTEE
REPORTS • CITY MANAGER'S MATTERS • CITY ATTORNEY'S MATTERS • ELECTED OFFICIALS' MATTERS • EXECUTIVE SESSION (AS NEEDED) • ADJOURNMENT 7
B. AGENDA 1. The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk. 2. For good cause shown, and by majority vote of the City Council during
any City Council meeting, the order of business for that meeting may be changed. The City Manager and City Attorney may propose to add items to the Agenda under "Approval of Agenda".
3. Agenda shall be listed by topic of subjects to be considered by the Council and shall be distributed by 5:00 p.m. on the THURSDAY prior to the Monday of Council Meetings. In the event
of a holiday, the material shall be distributed not later than noon on the FRIDAY prior to the Monday meeting. 4. The City Clerk's Office shall be notified of the sequence of the Agenda
Items by noon on the WEDNESDAY preceding the Monday on which Council meets. All backup material and documents shall be filed with the Clerk's office by 5:00 p.m. on that day in order
to be included in the Council packet. 5. ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE INCLUDED
IN THE AGENDA. 6. If a Council Member asks that an item be added to the Agenda, it is the responsibility of that Council Member to provide backup material for the Council packet as to
the subject or arrange for that backup material to be prepared. No item may be included in the Agenda without proper backup. 7. A majority vote of City Council Members present may also
add or delete an item from the agenda at the beginning of the Council Meeting. In Business Meetings, this must be done before Public Hearings and Second Readings. 8. The first option
of introducing Agenda Items at a Council Meetings shall go to a representative of the Council District to which the Agenda Item pertains. Council Agenda items not specific to a Council
District may be introduced by any member requesting such privilege from the Chair in advance of the meeting or requesting to introduce the item at the meeting. 8
C. AGENDA ITEMS Council Members or the Mayor may originate an agenda item with the approval of one other Council Member. Each Council Member and the Mayor shall be allowed to originate
only two (2) items per month to be added to the Agenda of regularly scheduled Council Business Meetings. 1. Standing Council committees may place items on Council Agendas for further
action or discussion. 2. Motions made by Council Members, which are not in the Council packet, must be submitted to the City Clerk and Mayor in writing during the Council Meeting so
it may be repeated, and included in the minutes. 3. City Council Meeting, either by Council Members or City Manager, these items can be requested for scheduling under the elected officials
portion of the agenda. 4. City Manager -administrative and operational items. D. PUBLIC HEARINGS All speakers must sign up on the appropriate roster, indicating whether they intend to
speak in favor of, or in opposition to a particular Agenda Item. The Council shall not entertain a motion for the final disposition of the matter until the City staff and applicant have
made their presentations, if any, and the public hearing has been closed, provided, however, that motions regarding the conduct, scheduling or continuation of the public hearing itself
shall be proper at any time. E. ORDINANCES ON FIRST READING It is the goal and desire of City Council to allow all interested parties to provide input during the Public Hearing/Second
Reading on all proposed ordinances. A full, complete, and open discussion of all proposed ordinances is encouraged during the Public Hearing. Therefore, public comment and staff presentations
will occur only during the Public Hearing/Second Reading. First Reading will be for the purposes of setting proposed ordinances for publication, and establishing a date for the Public
Hearing/Second Reading. Amendments to a proposed ordinance can be made during a First Reading, following the guidelines for offering amendments in the City Council Rules of Order and
Procedure. 9
F. TIME OF ADJOURNMENT At 11 :00 P.M., the City Council shall complete action on the Agenda Item then under discussion and shall adjourn the meeting. Prior to such adjournment, the Council
may take any or all of the following actions: 1. Acting by % majority vote, complete all or portions of the remaining Agenda. 2. Acting by a majority vote, schedule any unfinished items
for future regular Council Business Meeting. 3. Acting by majority vote, continue the meeting to a later date and time certain. ORDINANCES, RESOLUTIONS, AND MOTIONS A. RECONSIDERATION
1. A motion to reconsider can be made only by a Council Member originally voting with the prevailing side. 2. Such motions shall be made only at that or the next regularly scheduled
Council Business Meeting. A continued or rescheduled meeting shall be considered at a next scheduled Council Business Meeting for the purpose of Reconsideration. 3. If not reconsidered
at that time, the issue cannot be placed on any agenda for six (6) months. 4. A motion to reconsider shall require an affirmative vote of a majority of the entire Council. 5. A COUNCIL
MEMBER WHO HAS BEEN ABSENT FROM A PRIOR MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA ITEM IN THE CITY CLERK'S OFFICE PRIOR
TO THE MOTION FOR RECONSIDERATION. B. CITY ATTORNEY TO APPROVE: All Ordinances and Contracts shall be "Approved as to Form" by the City Attorney. 10
CITIZENS' RIGHTS A. CITIZENS' RIGHT TO SPEAK: 1. Any person may speak for a maximum of three (3) minutes on any item other than Agenda items. 2. Speakers must sign the Public Comment
Roster. 3. Citizens Right to Speak shall always precede all other official business except Call to Order, Pledge of Allegiance, Roll Call, Approval of Minutes and proclamations or Ceremonies.
4. There shall be no restriction on the number of citizens who wish to speak. 5. The content of any speaker's comments cannot be censored. 6. Persons in attendance shall be allowed to
donate time to other speakers to a maximum of nine (9) minutes, including the three (3) minutes the original speaker has. 7. The Chair will entertain no written comments unless a member
of the public is present to read them into the record. A Council Member may read written comments into the record with the approval of the majority of the Council present. S. Council
has the choice whether or not to respond to citizens after the closure of the Citizen Comment portion of the meeting. B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS: Any person desiring
to speak on an agenda item must sign the appropriate roster in Council Chambers and confine their remarks to the relative item. There shall be no time limit applied. C. WRITTEN COMMUNICATIONS:
All written communications to Council must be signed. If not signed, the written communications may not be accepted. SUSPENSION AND AMENDMENT OF THESE RULES A. SUSPENSION OF RULES: 11
Any provision of these Rules not governed by City Charter or Code of Laws may be temporarily suspended by a three-quarters (3/4) majority vote of Council Members present. B. AMENDMENT
OF RULES : These Rules may be amended, or new Rules adopted by a majority vote of Council Members, provided that the proposed amendments or new Rules shall have been submitted in writing
to Council at a preceding meeting. C. REVIEW: These Rules will be reviewed by Council within three months of an election or filling of a vacancy of Member(s) of Council, Council may
review these Rules at any time upon request of any member of Council. APPROPRIATIONS Council cannot approve an appropriation under City Manager's Matters, City Attorney's Matters, or
Elected Officials' Matters. Updated November 8, 2010 12
d) Wireless Service in City Council Chambers Mike Steinke and Ms. Geyer reviewed the options and recommendations to enable wireless internet access in Council Chambers. Council expressed
support of staffs recommended Option #3 in the packet to install a public, unsecured internet access that would allow all visitors to the Council Chambers access to the internet. e)
International Property Maintenance Code Update Mr. Goff and Mr. Johnstone discussed with Council considerations for implementation of maintenance standards in the City. Council supported
staff to explore the issues further and for Council to consider options for implementation after the first ofthe year. f) September 27th Council Meeting -Addition of Study Session Council
agreed to hold a Study Session following an expected short Council Meeting on September 2 ih, 2010 to tend to a long list of issues for Council considerations. 2. Liquor Code Amendment
-distance from schools Mr. Goff reviewed options for a staff proposed liquor code change allowing liquor establishments to be licensed within the current 500-foot limit of schools. Council
expressed support in considering the removal of distance requirements from schools only for Hotel/Restaurant licenses and requested consideration and input from the Liquor Authority
before an Ordinance is brought before Council. 1. Council Rules a) Responding to citizens during Right to Speak Mr. Reinhart led discussion in considering whether to establish a Council
Rule restricting Council members from responding to citizens during Citizen Comments at Council Meetings. Staff and several Council Members expressed a desire to maintain their prerogative
whether to respond to citizens' comments. Council agreed to maintain their choice whether to respond to citizens after the closure of the Citizen Comments portion of the meeting. b)
Outside testimony during study sessions Council agreed to set a rule to not allow public testimony during Study Sessions unless approval to waive the rules by Council. Attachment 2
c) Selection of Mayor Pro Tempore Council discussed and agreed to keep negotiations for the selection of Mayor Pro-Tern transparent, holding open discussions in a Study Session before
the election. Council then agreed to Mrs. Langworthy's suggestion to elect the Mayor Pro-Tern in the future by a secret paper ballot, then to formalize the election by a unanimous vote
on the dais. Meeting adjourned at 8:29p.m. Michael Snow
City Clerk
Ilj a,DIrO P't ?-Chief Brennan awarded George & Jill Pratt and CSO Supervisor Mary McKenna, Angela Davis, Jim Fisher, and James Seal with the Police Citizen Award for
their heroic efforts in helping police and animal control staff during an accident on 1-70 that involved a horse that had fallen from a trailer in highway traffic. Mrs. Wheat Ridge,
Karen Thaler, read the proclamations. CITIZENS' RIGHT TO SPEAK Karen Thaler announced she will be a finalist once again this year in the Mrs. Wheat Ridge competition. DECISIONS. RESOLUTIONS.
AND MOTIONS 1. Resolution 56-2010 -in support of Local Administration of Colorado's Human Services System. Motion by Mrs. Sang for approval of Resolution 56-2010; seconded by Mrs. Jay;
carried 8-0. 2. Presentation of proposed changes to Council Rules of Order Motion by Mrs. Adams to schedule consideration of Council Rule changes to the November 8th Council Meeting;
accepted by unanimous consent. Mr. Stites requested, and to which the Council unanimously agreed, agreed, that Council Rules Section a, Paragraph 1 read as follows: At the first or second
business meeting in November of each year, the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tem who shall serve until their successor
is elected. The Council is encouraged to confirm the nomination unanimously. 3. Motion to approve payment to Portable Computer System, Inc. in the amount of $37,559.50 for replacement
of ten Patrol Vehicle Mobile Data Computers. Motion by Mr. Stites to approve payment to Portable Computer System, Inc. in the amount of $37,559.50 for replacement of ten Patrol Vehicle
Mobile Data Computers; seconded by Mr. DeMott; carried 8-0. ELECTED OFFICIALS' MATTERS City Clerk Michael Snow informed voters that the County Elections Department will deliver mail-ballots
beginning Tuesday of this week. He also reminded voters that state ballot issue information is available in the "Blue Book" while an electronic pamphlet produced by the League of Women
Voters providing summaries on Wheat Ridge Ballot Questions 300 & 301 is available in the City Clerks Office. Attachment 3
-• City of . ITEM NO: 5. DATE: November 8, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT SCOTT OHM TO FILL DISTRICT II PLANNING COMMISSION
VACANCY D PUBLIC HEARING [gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL: DYES D NO City Clerk ISSUE: Currently there is
a vacancy in District II on the Planning Commission. Council Members Jay and Sang request that Scott Ohm be appointed to the Planning Commission, term ending March 2,2013. BACKGROUND:
None RECOMMENDATIONS: To appoint Scott Ohm to the Planning Commission RECOMMENDED MOTION: "I move to appoint Scott Ohm to the Planning Commission, District II, term to expire 3/02/13.
Or, "I move to deny approval of Scott Ohm's appointment to the Planning Commission for the following reason(s) " V:\Forms\CAFtemplate
Council Action Form November 8, 2010 Page 2 REPORT PREP ARED/REVIEWED BY; Janice Smothers, Administrative Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS:
1. Scott Ohm's application
• K ,,' City of !?WheatRl,dge Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Planning Commission (Board/Commission/Committee) DATE: 09.09.2010 DISTRICT: 2 ------------------HOW
LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 4 YRS ARE YOU A REGISTERED VOTER?-YE-S ---WHY ARE YOU SEEKING THIS APPOINTMENT? _______ _ To be actively involved in my community DO YOU
HAVE EXPERIENCE IN THIS AREA? _____ -----I have performed entitlement work for Annexations, PUD's, Lot mergers, . rezoning and have designed commercial, park and residential site plans.
lfAVE YUU I!:VERSERVElJ, UHAH.(!; YUU CUHHI!:NTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? Building Code Advisory Board for 1 year ARE mERE ANY CONFLICTS WHICH
WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?-:..,N:.:;,o ____________ _ SIGNATURE, _ ..... PRINTNAME,_ _S_ co_t_t_O hm _ ,_C _LA__R
B_ C_e_rt_ifi_le_d_L_a_n_d_sa_p_8_A_r_ch_i_t8_c_t ____ _ ADDRESS, __ 3_B_6_0_A_II_is_o_o_n_C_ir_. _________________________ ___ HOME PHONE 303.872.7807 BUSINESS PHONE 303.872.7807 ,------------------
---------------E-MAIL ADDRESSscotLhawkeyes@gmail.com APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 1500 W. 29th Ave., Wheat Ridge CO 80033 Attachment 1 i I ! j.
I I I · I I i j j
.... .. or City of JP'WheatRL-dge DATE: November 8, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 59-2010 -A RESOLUTION ADOPTING THE CITY BUDGET
AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES IN THE AMOUNTS SPECIFIED FOR THE CITY OF WHEAT RIDGE, COLORADO FOR THE 2011 BUDGET YEAR PUBLIC HEARING
D BIDS/MOTIONS RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES Interim Administrat Services Director ISSUE: Section 10.9 of the Wheat
Ridge City Charter requires that the budget be adopted by resolution on or before the final day (December 15,2010) established by state statute for the certification of the next year's
tax levy to the county. The proposed 2011 budget includes $26,375,971 in expenses in the General Fund, $2,920,000 in expenses in the Capital Investment Program (CIP) Fund and $4,727,838
in expenses in Special Revenue Funds for a total budget of $34,023,809. PRIOR ACTION: At the October 25,2010 City Council meeting, Council moved to continue the public hearing and adoption
of the proposed 2011 Budget until the November 8, 2010 City Council meeting. • August 9,2010 -first public meeting to provide opportunities for citizens to comment on the budget • September
13,2010 -second public meeting to provide opportunities for citizens to comment on the budget • September 27,2010 -proposed 2010 Budget distributed to City Council and made available
for public review
Council Action Form November 8, 2010 Page 2 • October 11, 2010 -City Manager presented the proposed budget to City Council during a Study Session • October 18, 2010 -Study Session to
review proposed 2011 Budget • October 25, 2010 -as required by Section 10.7 of the Wheat Ridge City Charter a public hearing was opened to provide opportunities for citizens to comment
on the proposed budget prior to adoption. FINANCIAL IMPACT: A total budget of $34,023,809 is to be appropriated to the vanous funds in the attached resolution. BACKGROUND: Wheat Ridge's
total proposed General Fund operating budget for 2011 is $26,375,971, excluding transfers. The City's total 2011 operating budget represents a 7% increase compared to the adjusted 2010
Budget. The projected 2011 General Fund ending fund balance is $8,179,903 or 29% of expenditures. The total City Budget for 2011, which includes the General Fund, CIP and Special Revenue
Funds is $34,023,809. Sales tax, the City's largest revenue source, is projected to increase in 2010 by 3.2% compared to 2009 actual revenue, and 8.5% compared to 2010 projected revenue.
Total General Fund revenues for 2010 are projected to decrease by 1.3% compared to 2009 actual revenue, and increase by 8.5% compared to 2010 projected revenue. Sales tax is expected
to increase by 3.2% in 2011 and total General Fund revenues should experience about a 1.2% increase. The 2010 Budget will provide for an ending fund balance of $1 0.3 million or 41.6%
of operating expenditures. Staff made significant cuts to the 2009 Budget and continued the belt tightening through 2010, which allowed the City to put additional funds into reserves.
The 2011 Proposed Budget ending fund balance is projected to decrease to $8.2 million to allow for a $2.165 million transfer to the CIP Budget. The 2010 Budget was adopted as a "bare
bones" budget which included only those expenditure requests that were tied directly to a base level of services and programs. A summary of the impacts to the 2010 Budget included: •
The 2010 CIP Budget included limited preventative street maintenance, minor pavement repair and pavement crack filling and contingency funding for unanticipated public improvement projects.
• All scheduled vehicle replacements were deferred. • The 2010 Budget included an increase of approximately 8% in medical insurance premiums, which was accomplished by creating a three-tiered
City/employee contribution option which required employees to pay a larger percentage of the premium for a richer level of benefits. • 200912010 market adjustments to employee compensation
plans were suspended and the 2010 Budget did not include employee salary step increases. • Two employee furlough days were mandated for the 2010 fiscal year.
Council Action Form November 8, 2010 Page 3 • Training, conference and meeting expenses were significantly reduced or eliminated unless specifically required for the job. • The annual
contribution to WR2020 was eliminated. WHEAT RIDGE GOALS 2015 The Mayor, City Council and staff work together annually to develop and update a strategic plan including a vision, plan
and action agenda to define that "desired destination for Wheat Ridge" and to draw the "map to Wheat Ridge's destination." Staff used these goals as a guide to develop strategies and
priority projects for the 2011 Budget. The Mayor and Council identified four key strategic prioritized goals for the next five years: 1. Financially Sound City Providing Quality Services
2. Choice of Desirable Neighborhoods 3. Economically Viable Activity Centers 4. More Attractive Wheat Ridge The following is a list of budget items that are either additions per City
Council direction or a result of priorities set forth by City Council Strategic Plan: • Vehicles $735,000 -the City Council directed staff at the Strategic Planning retreat to include
vehicle replacement in the proposed 2011 budget. • Bike Master Plan $50,000 -Phase 3 of the Bicycle & Pedestrian Master Plan is based on City Council direction following completion of
Phase 2. • Street Corridor Design $40,000 -the City Council directed staff to develop a conceptual design plan for major corridors and funding per the Strategic Plan. • Wadsworth Corridor
Coalition Match $40,000 -this is the City's matching grant amount to participate in the regional planning efforts to study Wadsworth Boulevard per City Council direction at a Regular
Council meeting. • Employee Appraisal Software $18,000 -this addition is the result of the Performance Management Project (PMP) which consists of updating the City's performance appraisal
system and is tied to the Customer Service Action Plan/Culture Survey that was completed in 2009 and is listed under "Management in Progress" in the Strategic Plan. This software will
automate the performance appraisal system that is on schedule to be implemented in early 2011. • Early Warning Siren Maintenance $5,310 -this item is the result of maintenance that the
City assumes following the installation of the early warning sirens. The funding for sirens was provided by grants in 2009 and 2010. • Online business tax payments -addition of$15,810
in projected fee costs to provide online business tax payments. • Transfer from General Fund to CIP in the amount of $2.165 million per City Council direction at the Strategic Planning
retreat for preventative street maintenance.
Council Action Form November 8, 2010 Page 4 The following items are identified as management priorities to be funded in 2011 based on the positive impact to service delivery and/or infrastructure
needs that have been deferred in the 2009 and 2010 Budgets: • Parks Maintenance Software $25,000 -this item is the result ofthe Mercer Group Organizational Structure Assessment which
identified the need for implementation of a GIS based tracking system for program costs. • Mobile Shelving PD Evidence Building $11 ,500 -this item is to provide adequate storage for
items that are seized by the Police Department. • Transfer from General Fund to the Equipment Replacement Fund in the amount of $100,000 for future Police Department CADIRMS and radio
replacement. • Speed Trailers -replacement oftwo speed trailers, cost per trailer is $10,000 for a total cost of $20,000. • Patrol of the Greenbelt -addition of $17,280 in overtime for
officers to provide patrolling services along the Greenbelt. This item was cut from the budget in 2010. Based on community feedback and increased number of calls for service, we are
recommending re-instatement of the program in the 2011 Budget. • 44th & Eldridge Traffic Signal -upgrade of signal for a cost of $30,000. • Addition of professional development trainings
at a minimal level City-wide. • Property/Casualty Insurance -$170,897, increase by $17,734. This increase is the result of our past claims experience. • Workers' Compensation -$257,288,
increase by $45,941. This increase is the result of our past claims experience. • Medical-increase of approximately 5.5%. The first renewal was estimated at a 13% increase. Staff negotiated
this increase down to the current level and will continue to try to decrease this percentage. Plan designs have been modified which will increase out-of-pocket expenses for employees.
The overall increase is a combination of the market and our past claims history. The following structural changes/additions have been made to the proposed 2011 Budget: • Economic Development
-the Economic Development program budget is now included with the City Manager's Office in this budget document. Previous year budget information for Economic Development is shown under
the Community Development Department. • Police Department Grants -added a grant funding program budget in the Police Department titled Line Item Budget #202. All grant funds are accounted
for in this program budget. • Special Investigations combined with Investigations -the Special Investigations program budget has been eliminated. Budgeted expenses for investigations
are now budgeted in the Investigations program budget. This budget includes a Line Item Budget for both; however, no narrative is included for the Special Investigations program.
Council Action F onn November 8, 2010 Page 5 City Council provided the following direction on these budget items discussed at the City Council Study Session on October 18, 2010: • Legislative
Budget -City Council provided direction to split the $3 ,000 budgeted for each Councilmember by half and budget $1 ,500 for community outreach and $1 ,500 for educational purposes. A
copy ofthe revised Legislative Services Line Item Budget is included in Attachment 3. • Funding level of the Wheat Ridge Business District (WRBD) -City Council provided direction to
budget $40,000 and the WRBD can make requests of Council for any additional future funding. • Funding level for VehiclelEquipment Replacement -City Council provided direction to keep
the proposed $735,000 in funding for vehicle and equipment replacement. • Funding level of WR2020 -City Council provided direction to provide funding in the amount of $131 ,000 to WR2020
for the following three programs: $106,000 for additional investment in the Building Up Business Loan and Home Investment Loan Programs that are targeted along 38th Avenue. Six percent
ofthese revenues will be used for program administration and the remaining will be reinvested in future grant and loan programs. An additional $25,000 will be designated for staff and
outreach resources for the Community Revitalization Partnership Program implementation on 38th Avenue. WR2020 can make requests of Council for any additional future funding. • Large-item
Pick-up Program -City Council provided direction to add $5,000 in the budget to re-instate the large-item pick-up program. • Funding level for Outside Agency Contributions -City Council
provide direction to keep the funding level of this program at $10,000. • In order to balance the budget with the additions outlined above, staff is deferring the $76,000 for the AC
System for the IT server room until 2012. Additionally, other minor additions and subtractions were made. • COPS grant funding in the amount of$110,900 was added to both expenditures
and revenues for two Police Officer positions. REVENUES AND EXPENDITURES The total 2011 Proposed Budget is $34,023,809. The Budget is based on projected revenues of $31,297,478. In addition,
the beginning fund balance for 2011 is projected at $16,411,242 which brings the total available funds to $47,720,092. This will provide for a projected ending fund balance of$13,696,283
which is a 20% increase compared to the 2010 Budget. Detailed revenue and expenditure tables are presented in the Revenue and Expenditure Summary section of this Budget.
Council Action Fonn November 8, 2010 Page 6 General Fund General Fund revenue is projected at $26,475,971 which is a 2% increase compared to 2010 estimated revenues. In addition, the
beginning fund balance for 2011 is projected at $10,333,531 which brings the total available funds for the General Fund to $36,809,502. General fund expenditures total $26,375,971. General
Fund expenditures represent a 7% increase compared to the adjusted 2010 Budget and a 11 % increase compared to the estimated 2010 Budget. This will provide for a projected ending fund
balance of $8, 168,531 or 29% of expenditures which is a 21% decrease compared to the 2010 Budget. Capital Investment Program Fund CIP Fund revenue is projected at $3,044,000 ($2.165
million transferred from the General Fund) which is a 143% increase compared to the 2010 estimated revenue of$I ,255,000. In addition, the beginning fund balance for 2011 is projected
at $3,444,288 which brings the total available funds for the CIP Fund to $6,488,288. City Council directed staff at the Budget Strategic Planning Retreat in April to include $2.0 million
of funding in the 2011 Budget for preventative street maintenance projects. This funding is included in the proposed budget and is proposed to be used for asphalt overlay on four major
streets and miscellaneous slurry sealing, crack sealing, and striping throughout the City. In addition, the City was awarded a federal highway grant for the construction of a new sidewalk
on Wadsworth Boulevard from 26th Avenue to 32nd Avenue. The grant requires a 20% match from the City for a total project cost of $780,000. Other proposed expenses include $100,000 for
contingency funding for unanticipated street public improvement projects and $40,000 for a new climate control system for the Police Department Evidence Building, which is required by
state law. CIP expenditures total $2,920,000 which is an 82% increase compared to the adjusted 2010 Budget and to the estimated 2010 Budget. This will provide for a projected ending
fund balance balance of$3,568,288. It will be prudent to maintain this fund balance as the City'S share ofthe 32nd and Y oungfield interchange improvements are projected to cost at least
$3 .3 million. The Ten-Year CIP Budget proposes to include the following other major projects: • Continued funding for preventative street maintenance projects averaging $2.0 million
per year • Arvada Channel drainage improvements in the amount of$1.5 million in 2013 which will count towards the City's contribution for the Gold Line Light Rail project • Minor street
improvements averaging $560,000 annually, starting in 2013 • Public Works and Parks Maintenance Facility funding in the amount of$500,000 annually over a seven-year period • Gateway
Signage funding in the amount of $400,000 over a four-year period starting in 2012
Council Action Form November 8, 2010 Page 7 The Ten-Year CIP Budget anticipates funding from the General Fund in an average amount of $3.2 million annually to fund these proposed projects.
The current forecast for General Fund revenues and expenditures projects that adequate funds will be available to fund both general operating expenses and CIP expenses at these levels
through fiscal year 2010. To continue funding CIP projects at this minimal level, City Council will need to consider substantial cuts in the City's operating budget or new revenue sources.
Open Space Fund Open Space revenue is projected at $1,189,432 which is a 40% decrease compared to the 2010 estimated revenue of$I,987,922. In addition, the beginning fund balance for
2011 is projected at $358,283 which brings the total available funds for the Open Space Fund to $1,547,715. Open Space projects for 2011 include open space improvements, park maintenance
projects, open space sign fabrication, trail replacement and repair, an off-leash dog park park and Phase III of Discovery Park. Funding is also appropriated for five Parks employees.
Open Space expenditures total $1,540,996 which is a 38% decrease compared to the adjusted 2010 Budget and a 22% decrease compared to the estimated 2010 Budget. This will provide for
a projected ending fund balance of$6,719. The Five-Year Open Space Budget proposes the continuation of miscellaneous open space improvements, park maintenance projects, trail replacement
and repair, open space sign fabrication and funding for five Parks employees. In addition, funding in the amount of $400,000 annually over a three-year period is proposed for the Public
Works and Parks Maintenance Facility and $200,000 for implementation of Parks Master Plan recommendations. Conservation Trust Fund Conservation Trust revenue is projected at $285,000,
which is a 2% decrease compared to the 2010 estimated revenue of $280,000. In addition, the beginning fund balance for 2011 is projected at $63,830 which brings the total available funds
for for the Conservation Trust Fund to $348,830. Conservation Trust projects for 2011 include Phase III of Discovery Park, Richards Hart Estate playground, the resurfacing of tennis
and basketball courts and the transition of Johnson Park. Conservation Trust expenditures total $270,000, which is a 71 % decrease compared to the adjusted 2010 Budget and a 69% decrease
compared to the estimated 2010 Budget. This will provide for a projected ending fund balance of$78,830. The Five-Year Conservation Trust Budget proposes to provide funds in the amount
of $1.1 million over a four-year period for the development of a new park at 44th and Kendall, Recreation Center pool maintenance, resurfacing of tennis and basketball courts and other
facility repair and maintenance.
Council Action Form November 8, 2010 Page 8 Recreation Center Operations Fund Recreation Center Operations revenue for 2011 is projected at $2,148,935, which is a 9% increase compared
to the 2010 estimated revenue of $1 ,972,335. In addition, the beginning fund balance for 2011 is projected at $1,725,868 which brings the total available funds for the Recreation Center
Operations Fund to $3,874,803. Recreation Center expenditures total $2,465,388, which is a 4% increase compared to the adjusted 2010 Budget and an 8% increase compared to the estimated
2010 Budget. This will provide for a projected ending fund balance of $1,409,415. Miscellaneous Special Revenue Funds Several other miscellaneous Special Revenue Funds are also included
in this Budget to track revenues and expenditures that are legally restricted for specific purposes or to simplify the budgeting process. Those funds include Police Investigation, Municipal
Court, Richards Hart Estate, Equipment Replacement, and Crime Prevention. Detailed revenue revenue and expenditure information for these funds can be found in the Special Revenue Funds
and the Line Item Accounts sections of the Budget. STAFFING Personnel-related expenses account for the largest portion of the City's Budget; therefore, maintaining this investment is
a high priority. Through a periodic compensation review process, a survey of the 2010 pay scales for the City's positions was conducted for the purpose of determining what wages are
generally prevailing in similar cities within the Denver metropolitan area. The proposed 2011 Budget does not include any results from the Employee Compensation Analysis Study. As approved
by City Council, the City strives to remain at the 70th percentile of the market for law enforcement (sworn) positions and 55th percentile for all civilian positions. The market study
for 2010 indicated that to maintain these percentiles and to remain competitive, our compensation plans required upward adjustments of, on average, 2.66% for civilian positions and 2.82%
for for sworn positions. Due to severe budget constraints, City Council consensus was to forgo 2010 mid-year market adjustments. Employees are eligible to receive a step increase on
their anniversary date if they receive at least a satisfactory performance evaluation. Again, the new performance appraisal system will be implemented in 2011 . Step increases were frozen
in 2010 but were proposed to be reinstated in the 2011 Budget at a cost of $145,679. City Council provided direction to staff at the October 18th Study Session to develop a bonus plan
for 2011 in lieu of merit increases. To remain competitive and to retain and attract the best employees, it will be crucial to reinstate both the market and merit adjustments as finances
allow.
Council Action Form November 8, 2010 Page 9 The 2011 Compensation Plan is designed to maintain competitive relationships within the market and provide an unbiased relationship in pay
between positions and departments. You may find the complete Compensation Plan in the "Staffing" section of the Budget. The 2011 staffing level will increase to 225.755 FTE's in all
funds. The 2.0 FTE increase is the result of funding from the COPS Grant Award for two Police Officer positions for a three-year period. Staffing levels continue to remain well below
the 233.755 FTE's authorized in 2002. This staffing level was proposed before the budget reduction program and elimination of positions in 2003 and 2004 due to budget constraints. RECOMMENDATIONS:
Adopt the 2011 Budget as proposed. RECOMMENDED MOTION: "I move to approve Resolution No. 59-2010, a resolution adopting the City Budget and appropriating sums of money to the various
funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for for the 2011 Budget Year." Or, "I move to deny Resolution No. 59-2010, a resolution adopting
the City Budget and appropriating sums of money to the various funds and spending agencies in the amounts specified for the City of Wheat Ridge, Colorado for the 2011 Budget Year for
the following reason( s) " REPORT PREPAREDIREVIEWED BY: Heather Geyer, Interim Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 59-2010 2. 2011
Proposed Revenues & Expenditures Summary 3. Revised Legislative Budget Line Item Detail
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 59 Series of 2010 A RESOLUTION ADOPTING THE CITY BUDGET AND APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES
FOR THE CITY OF WHEAT RIDGE, COLORADO, FOR THE 2011 BUDGET YEAR WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2011 has been established and public hearings and meetings
have been held after duly published public notices; and WHEREAS, the budget provides for the combination of revenues and excess fund balance reserves equal to or greater than the total
proposed expenditures as set forth in said budget in the total amount of $34,023,809 which includes the following funds: 1. Fund 01 -General Fund $28,640,971 2. Fund 17 -Police Investigation
Fund $ 27,000 3. Fund 30 -Capital Investment Fund $ 2,920,000 4. Fund 32 -Open Space Fund $ 1,540,996 5. Fund 33 -Municipal Court Fund $ 42,700 6. Fund 35 -Richards Hart Estate Fund
$ 20,500 7. Fund 54 -Conservation Trust Fund $ 270,000 8. Fund 57 -Equipment Replacement Fund $0 9. Fund 63 -Crime Prevention Fund $ 361,254 10. Fund 64 -Recreation Center Operation
Fund 2,465,388 Total: $36,288,809 Less Transfers: ($2,265,000) Total Expenditures: $34,023,809 Attachment 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that the City of Wheat Ridge Total Budget as stated in the Resolution be hereby approved, adopted,
and appropriated for the entire fiscal period beginning January 1, 2011 and ending December 31, 2011. DONE AND RESOLVED THIS ___ day of _____ , 2010. Jerry DiTullio, Mayor ATTEST: Michael
Snow, City Clerk
Whcat Ri9gc Operating Funds General Fund Balance Percentage Capital Funds Capital Investment Program i Lrotal Capital Funds Special Revenue Funds Police Investigation Open Space
Municipal Court Richards Hart
Estate Conservation Trust Equipment Replacement Crime Prevention Recreation Center Total Operating Funds Total Capital Funds Total Special Revenue Funds (Less Transfers) RAND TOTAL 2011
Proposed Budget Budget Summary by Fund Beginning Balance (1/1/11) $10,333,531 $10,333,531 $3,444,288 $3,444,288 $75,478 $358,283 $34,341 $35,420 $63,830 $205,065 $135,138 $1,725,868
$2,833,423 $10,333,531 $3,444,288 $2,633,423 $18,411,242 + Revenues = + $26,475,971 = + $28,475,971 • + $3,044,000 = + $3,044,000 = + $500 + $1 ,189,432 + $34,000 + $22,440 + $285,000
+ $102,000 = + $260,200 + $2,148,935 = + $4,042,507 • + $26,475,971 + $3,044,000 = + $4,042,507 + ($2,265,000) = + $31,287,478 • Funds Available $36,809,502 $38,809502 $6,488,288 $8,488,288
$75,978 $1 ,547,715 $68,341 $57,860 $348,830 $307,065 $395,338 $$3,874,803 $8,875,830 $36,809,502 $6,488,288 $6,675,930 ($2,265,000) $47,708,720 Attachment 2 7 Fund Expenses = Balance
(12131/11) $28,640,971 = $8,168,531 -$28,840,971 = $8,188,531 28.5% $2,920,000 = $3,568,288 -$2,920,000 = $3,588,2 $27,000 = $48,978 $1 ,540,996 $6,719 $42,700 $25,641 $20,500 $37,360
$270,000 = $78,830 $0 = $307,065 $361 ,254 $34,084 $2,465,388 = $1,409,415 -$4,7rT,838 = $1,948,09 $28,640,971 = $8,168,531 $2,920,000 = $3,568,288 $4,727,838 = $1 ,948,092 ($2,265,000)
= -$34,023,_ • $13,884,811 Revenues & Expenditures Summary Budget Summary by Fund
.... " K,Uf 2011 Proposed Budget General Fund Revenues 2009 2010 2010 2011 Actual Adjusted Estimated Proposed SALES TAXES Sales Tax $14,126,795 $13,437,219 $14,580,000
$15,017,400 Sales Tax Audit Revenue $129,316 $355,000 $300,000 $325,000 URA -Wheat Ridge Cyclery $14,581 $20,000 $25,000 $25,000 URA -Town Center $229,287 $300,000 $200,000 $225,000
URA -Walgreens iQ iQ iQ TOTAL SALES TAXES $14,504,415 $14,112,219 $15,105,000 $15,592,40 OTHER TAXES Real Property Tax $778,465 $765,860 $767,000 $765,000 Liquor Occupational Tax
$52,684 $59,000 $60,950 $60,950 Auto Ownership Tax $55,902 $55,000 $51,000 $55,000 Xcel Franchise Tax $1 ,171 ,307 $975,000 $1 ,200,000 $1 ,200,000 Telephone Occupation Tax $260,757
$260,000 $260,000 $260,000 Lodgers Tax $442,624 $435,000 $470,000 $470,000 Admissions Amusement Tax $44,045 $42,500 $44.400 TOTAL OTHER TAXES $2,805,784 $2,592,360 $2,853,350 USE TAXES
Use Tax -Retail/Professional $1,230,780 $800,000 $1 ,100,000 $1,113,200 Use Tax -Building $1,075,425 $650,000 $520,971 $450,000 Use Tax -Auto 131
TOTAL USE TAXES $3,206,386 $2,250,000 $2,620,971 $2,563,20 LICENSE Amusement Machine License $8,580 $9,000 $8,500 $8,500 Arborist License $1,690 $1 ,550 $1
,700 $1 ,700 Contractors License $109,950 $75,000 $80,000 $90,000 Liquor License Fee $11,035 $10,000 $10,000 $10,000 Building Permits $1,045,372 $415,000 $607,960 $400,000 Street Cut
Permits $84,860 $92,000 $162,000 $87,000 Cable TV Permits $338,075 $310,000 $330,000 $320,000 Elevator Inspection Fees $26,090 $24,000 $20,700 $20,700 Pawn Shop License Fees $10,000
$10,000 $10,000 $10,000 Business License Fees 1 QQQ TOTAL LICENSE $1,688,784 $1,006,550 $1,315,860 Revenues & Expenditures Summary 8 General
Fund Revenues
• • t Whcat RJ9gc 2011 Proposed Budget 2009 2010 2010 2011 Actual Adjusted Estimated Proposed INTERGOVERNMENTAL Cigarette Tax $107,699 $105,000 $102,000 $100,000 County
Road and Bridge $482,781 $485,000 $483,600 $400,000 Arvada Ridge Redevelopment $100,000 $100,000 $100,000 $100,000 Highway Users Tax $892,198 $944,293 $977,906 $1,042,361 Motor Vehicle
Registration $108,696 $110,000 $100,000 $107,000 Wheat Ridge Fire Radio $0 $0 $29,529 $29,529 CATPAAuto Theft Grant $37,732 $0 $75,464 $75,464 Police -Seat Belt Safety Grant $6,306 $2,000
$7,348 $2,500 Police -Drug Overtime Grant $8,620 $8,000 $7,500 $7,500 Police -COPS Grant $110,900 Police -Bryne Grant $8,873 $2,000 $30,622 $74,596 CDBG Grants $0 $97,740 $0 $0 Police
-Ballistic Vest Grant $4,637 $7,700 $7,700 $8,850 Scientific & Cultural Grant $2,214 $2,500 $2,272 $2,500 Live Well Colorado Grant $0 $0 $12,250 $0 Meth Overtime Grant $876 $5,000 $0
$0 Jefferson County Tree Grant $0 $22,552 $22,550 $0 CALPHO Grant $0 $0 $6,000 $0 LEAP Energy Grant Grant $0 $0 $0 $130,000 Police -Leaf Grant $0 $0 $12,000 $12,000 P&R -Safe Routes
to School $21,142 $0 $0 $0 Wheat Ridge Fire Department $4,721 $0 $0 $0 TOTAL INTERGOVERNMENTAL $1,786,495 $1,891,785 $1,976,741 SERVICES Zoning Applications $22,925 $20,000 $35,000 $25,000
Planning Reimbursement Fees $2,294 $6,300 $1,896 $3,000 Engineering Fees $3,250 $9,000 $6,000 $7,000 Misc. Zoning Fees $1,310 $2,000 $2,148 $2,000 Plan Review Fees $166,020 $144,542
$135,186 $140,000 Pavilion/Park Rental Revenue $29,179 $23,000 $28,000 $25,000 Athletics Revenue $128,362 $131,255 $112,060 $138,395 Active Adult Center Revenue $189,721 $170,674 $175,555
$217,283 Gen. Prog. Revenue $135,952 $140,176 $154,000 $152,760 Anderson Building Revenue $12,856 $14,000 $14,000 $15,000 P&R Security Deposits $59,750 $54,000 $57,500 $59,000 Outdoor
Swimming Fees $141,160 $125,278 $161,414 $148,000 9 Revenues & Expenditures Summary General Fund Revenues
I " f(ur 207 7 Proposed Budget 2009 2010 2010 2011 Actual Adjusted Estimated Proposed Police Report Fees $11 ,395 $13,000 $10,870 $10,900 Pawn Shop Ticket Fees $21,271
$21 ,000 $21,000 $21 ,000 Sex Offender Registration $3,100 $3,000 $10,950 $10,950 Police Drug Destruction Fees $460 $500 $400 $400 Police Fees $3,411 $3,500 $3,615 $3,600 Police Duty
Reimbursement $30399 $30000 $14 840 $20000 TOTAL SERVICES $962,815 $911,225 $944,434 $999,28 FINES & FORFEITURES Municipal Court Fines $111,452 $119,000 $110,000 $115,000 Nuisance Violations
Fees $57,671 $55,000 $55,000 $55,000 Handicap Parking Fees $555 $300 $300 $300 Traffic $501 ,348 $440,000 $500,000 $500,000 General $81 ,243 $90,000 $85,000 $90,000 Other $25,251 $22,000
$16,000 $17,000 Parking $4,875 $3,000 $3,000 $3,500 No Proof of Insurance $1861 0 $2Q,QQQ $2Q,QQQ TOTAL FINE & FORFEITURES $801,005 $749,300 $789,300 $800,800 INTEREST
Interest Earnings TOTAL INTEREST $119,566 $150,000 $150,000 $120,000 OTHER Cable Peg Fees $44,152 $42,000
$44,200 $44,200 Passport Processing Fee $7,715 $9,000 $7,000 $7,000 Miscellaneous Income TOTAL OTHER $514,679
$348,554 $301,200 $320,83 Total General Fund $26,389,929 $24,011,993 $26,056,856 $26,475,971 Transfers In $0 $0 $0 $0 Fund Balance Carryover $6,168,769 $6,487,575 $9,140,901 $10,333,531
Total Funds Available $32,558,698 $30,499,568 $35,197,757 $36,809,502 Revenues & Expenditures Summary 10 General Fund Revenues
.. , 4 -Krur 2011 Proposed Budget General Fund Expenditures 2009 Actual Legislative Legislative Services otal $259,057 City Manager's Office
City Manager $257,237 Economic Development $0 iTotal $257.237 City Attorney City Attorney $249476 otal $249,476 City Clerk's Office City Clerk J4 212 otal $134,212 City Treasurer
City Treasurer otal $34,680 Central Charges Central Charges JQQ,JQQ otal $2,350,355 Municipal Court Municipal Court otal $698,026 11 2010 2010
2011 Adjusted Estimated Proposed $327,975 $326,475 $302,582 $258.163 $231 ,110 $254,542 $0 $0 $584,110 $258,163 $231,110 $838,652
$264 QQQ $264 QQQ $2Qa QQQ $264,000 $264,000 $258,000 466 $146,466 $130,369 $138.069 62a $J6,77a $37,628 $35,578
$36,77 46Q J71 ,QQJ $2,460,371 $2,378,512 $2,841,50 461 2a5 $704,001 $697,461 $722,28 Revenues & Expenditures
Summary General Fund Expenditures
2011 Proposed Budget Administrative Services Administration Finance Human Resources Sales Tax Purchasing and Contracting Information Technology iTotal Community Development Administration
Economic Development Planning Building Long Range Planning otal Police Administration Grants Community Services Team Communications Crime Prevention Team Records Training and Public
Information Patrol Investigations Traffic Enforcement Special Investigations Emergency Operations otal Revenues & Expenditures Summary General Fund Expenditures 2009 Actual $485,303
$214,116 $429,090 $212,716 $100,800 7a7 $2,526,812 $192,954 $444,721 $326,972 $443,022 $a1 299 $1,489,368 $663,475 $0 $221 ,936 $711 ,535 $212,928 $265,031 $184,174 $3,743,437
$1,402,200 $351 ,150 $173,595 $7,960,316 12 2010 Adjusted $477,158 $220,330 $400,905 $220,248 $102,221 $2,650,466 $195,441 $549,506 $219,802
$373,760 $1,491,578 $767,589 $0 $255,763 $748,662 $218,054 $263,508 $245,930 245,930 $4,037,499 $1,409,828 $354,158 $188,284 a2Q $8,522,095
2010 Estimated $428,509 $219,730 $397,840 $205,844 $93,038 2Q12 a44 $2,550,805 $193,341 $417,211 $208,009 $378,828 $1,298,620 $725,416 $0 $253,143
$747,606 $218,054 $263,508 $244,520 $4,036,825 $1,409,828 $354,740 $178,416 $8,461,126 2011 Proposed $388,288 $230,233 $407,860 $228,623 $103,135
$2,627,759 $242,977 $0 $213,562 $343,764 $887,41 $703,686 $421 ,810 $257,083 $759,128 $219,463 $267,552 $228,267 $4,043,165 $1 ,785,555 $348,508 $0 12112 $9,057,73
.. ' f<Of WhcatRi9gc 2009 Actual Public Works Administration $150,178 Engineering $913,081 Operations ;l16 6QB 0181 $3,379,867 Parks and Recreation Administration $221 ,136
Recreation $247,487 Parks Maintenance $1 ,076,032 Forestry $370,275 Open Space $200,475 Anderson Building $82,143 Athletics $184,142 General Programs $209,875 Outdoor Pool $176,261 Active
Adult Center $445,654 Building Maintenance B62 0181 $3,578,346 Total General Fund $22,917,752 Transfers $500,000 Total With Transfers $23,417,752 13 2011 Proposed Budget 2010
2010 2011 Adjusted Estimated Proposed $149,045 $149,045 $154,227 $938,690 $898,628 $1 ,063,784 5B2 $3,665,805 $3,617,264
$4,498,593 $217,521 $210,692 $230,452 $271 ,272 $257,806 $275,603 $1,400,795 $1 ,337,453 $1 ,353,741 $297,198 $294,625 $274,114 $236,455 $234,319 $240,555 $87,260 $73,827 $88,954 $220,310
$189,235 $222,995 $236,839 $232,132 $230,077 $176,344 $169,667 $207,310 $602,851 $493,794 $599,386 ,352 $4,194,290 $3,874,906 $4,166,60
$24,722,838 $23,864,226 $26,375,971 $1,000,000 $1,000,000 $2,265,00 $25,722,838 $24,864,226 $28,640,971 Revenues & Expenditures Summary General Fund Expenditures
207 7 Proposed Budget City of heat Revenues & Expenditures Summary General Fund Expenditures 14 " . ,
11/01/10 16,42,37 ACCTS, 01-102* bu246-1s CITY OF WHEAT RIDGE BUDGET ITEMIZATION REPORT ORDER DESCRIPTION 01-102-600-602 01-102-600-610 APPROVED UOM QUANTITY APPROVED PRICE STAFF SALARIES
& WAGES 2009 ACT, OVERTIME & PREMIUM PAY 2009 ACT, o Carnation Festival Overtime 1. 00 25,000.00 TOTALS 01-102-600-619 TEMP.PERSONNEL/NON-HOU 2009 ACT, Council annual salary 1 Mayor's
annual salary 01-102-600-620 8.00 1. 00 FICA EXPENSE-EMPLOYER 7,200.00 10,080.00 TOTALS 2009 ACT, 01-102-600-622 MEDICAL/DENTAL/LIFE IN 2009 ACT, 01-102-600-625 MEDICARE PORTION FICA
2009 ACT, 01-102-600-630 ICMA RETIREMENT EXP 2009 ACT, 01-102-650-651 OFFICE SUPPLIES 2009 ACT, 01-102-650-654 PHOTOCOPY & PRINTING E 2009 ACT, 01-102-650-655 POSTAGE COSTS 01-102-650-660
OPERATING SUPPLIES Council Chambers Supplies 1.00 Metro Mayors Youth Awards Transit Alliance 1. 00 1. 00 01-102-700-702 CONF. & MEETING EXP. o Civic Academy .00 Annual Open House/Town
Meeti .00 Council Dinner Meetings/Rece Council Orientation Council travel & Mtgs(CML) Leadership Jeffco Lobby Program Mayor's Reception Vision & Strategic Plan Mtg/10.00 1. 00 9.00 .00
1. 00 .00 2.00 2009 ACT, 2009 ACT, 200.00 50.00 200.00 TOTALS 2009 ACT, 3,000.00 5,000.00 200.00 500.00 1,500.00 500.00 9,000.00 1,000.00 5,500.00 TOTALS 01-102-700-706 DUES, BOOKS,
SUBSCRIPT 2009 ACT, 01-102-700-712 01-102-700-716 DRCOG NLC Membership Transit Alliance CML 01-102-700-721 ANNUAL APPRECIATION 01 2009 ACT, LEGISLATIVE MEMBERSHIP 2009 ACT, 1 . 00 7,900.00
1.00 3,258.00 .00 2,100.00 .00 JEFFCO ANIMAL SHELTER 21,823.00 TOTALS 2009 ACT , APPROVED TOTAL 55,246 21,539 25,000.00 25,000.00 67,960 57,600.00 10,080.00 67,680.00 7,815 2,044 2,210
606 245 REQUESTED QUANTITY 2010 FYR, 2010 FYR, 1.00 2010 FYR, . 00 1. 00 2010 FYR, 2010 FYR, 2010 FYR, 2010 FYR, 2010 FYR, 2010 FYR, 2010 FYR, 313 2010 FYR, 200.00 1.00 50.00 200.00
450.00 31,851 3,000.00 5,000.00 2,000.00 500 . 00 13,500.00 2,500.00 9 , 000.00 1,000.00 11,000.00 47,500.00 2,639 1,679 1 . 00 1.00 2010 FYR, 1. 00 1. 00 10.00 .00 9.00 .00 .00 .00
2.00 2010 FYR, 2010 FYR, 35,787 2010 FYR, 7,900.00 .00 3,258.00 1.00 2,100.00 1.00 21,823.00 35,081.00 1. 00 2010 FYR, Attachment 3 REQUESTED PRICE 45,526 EST, 16,550 EST , 25,000.00
57,222 EST, 7,200.00 10,080.00 5,984 EST, 1,564 EST, 1,821 EST, ESTo EST, 200.00 50.00 200.00 41,651 EST, 3,000.00 5,000.00 200.00 500.00 1,500.00 500.00 9,000.00 1,000.00 5,500.00 2,216
EST , 1,404 EST, 35,111 EST, 7,900.00 3,258.00 2,100.00 21,823.00 Page hgeyer REQUESTED TOTAL NOTE/JOB INFO 54,740 2011 BGT, 25,000 2011 BGT, 25,000 . 00 25,000.00 67,980 2011 BGT, 55,468
25,000 67,680 57,600.00 $600/month 10,080.00 67,680 . 00 7,635 2011 BGT, 2011 BGT, 1,785 2011 BGT, 2,219 600 500 2011 BGT, 450 2011 BGT, 200 .00 50.00 200.00 450.00 59,350 2011 BGT,
3,000 . 00 5,000 . 00 2,000.00 500.00 13,500.00 2,500.00 7,654 1,790 2,219 600 500 450 47,500 9,000.00 NLC, breakfast, m 1,000.00 11,000 . 00 47,500.00 3,950 6,500 36,076 7,900.00 3,258.00
2,100.00 21,823 . 00 35,081.00 3,950 6,500 35,081
11/01/10 16,42,38 ACCTS, 01-102* bu246-1s ORDER DESCRIPTION APPROVED UOM QUANTITY CITY OF WHEAT RIDGE BUDGET ITEMIZATION REPORT APPROVED APPROVED REQUESTED PRICE TOTAL QUANTITY REQUESTED
REQUESTED PRICE TOTAL Page hgeyer NOTE/JOB INFO -----------------------------------------------------------------------------------------------------------------------------------01-102-700-728
TRAINING 2009 ACT, 96 2010 FYR, 0 EST, 0 2011 BGT, 1,500 01-102-700-740 AUTO MILEAGE REIMBURSE 2009 ACL 478 2010 FYR , 375 EST, 600 2011 BGT, 600 01-102-700-750 PROFESSIONAL SERVICES
2009 ACT , 0 2010 FYR , 24,500 EST , 24,500 2011 BGT, 01-102-700-758 RENTALS AND LEASES 2009 ACT , 0 2010 FYR , EST , 0 2011 BGT, 01-102-700-759 TELEPHONE EXPENSE 2009 ACT, 0 2010 FYR,
EST , 0 2011 BGT, 01-102-700-776 OTHER EQUIP . MAINTENAN 2009 ACT , 2010 FYR , EST , 0 2011 BGT , 01-102-700-780 OUTSIDE AGENCY CONTRIB 2009 ACT, 12,899 2010 FYR , 16,451 EST , 17,500
2011 BGT, 29,000 Council Community Outreach 8 . 00 1,500 .00 12,000 .00 .00 1,500.00 12,000. 00 Mayor Community Outreach . 00 5,500 . 00 5,500. 00 .00 5,500. 00 5,500. 00 Outs i de Agency
Cont ributions . 00 11,500 .00 11,500. 00 .00 11,500.00 11,500 . 00 TOTALS 29,000 . 00 29,000 . 00 01-102-700-795 UNALLOCATED FUND BALAN 2009 ACT , 0 2010 FYR , EST , 2011 BGT , 0 01-102-700-798
MANAGEMENT CONTINGENCY 2009 ACT, 0 2010 FYR , EST , 2011 BGT, 01-102-700-799 MISC . SERVICES & CHARG 2009 ACT, 15,651 2010 FYR , 15,114 EST , 17,090 2011 BGL 17 , 090 0 Applewood Business
Assn . Fla . 00 20.00 40 . 00 . 00 20.00 40 . 00 Barricades . 00 3,000 . 00 3,000.00 . 00 3,000 . 00 3,000 . 00 Carnat i on Festival . 00 12,500 . 00 12 , 500 . 00 . 00 12,500 . 00 12,500
. 00 Christmas Lighting/Wagon . 00 1 , 500. 00 1,500.00 . 00 1,500 . 00 1,500 . 00 Memorial Day 1. 00 50 . 00 50 .00 . 00 50 . 00 50 . 00 TOTALS 17,090 . 00 17,090 . 00 01 -102-800-802
OFFICE FURN & EQUIP 2009 ACT , 2010 FYR , EST , 2011 BGT , TOTALS 2009 ACT , 259 , 057 . 39 2010 FYR , 265,861.12 EST , 326,475 2011 BGT , 302,582 . 00 2