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HomeMy WebLinkAboutCouncil Packet 11/22/2010 6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 22,2010 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 November 8,2010 PROCLAMATIONS AND CEREMONIES Arvada Food Bank -Presentation to Chief Brennan 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 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 18-2010 -An Ordinance revising Chapter 20 of the Wheat Ridge Code of Laws concerning Storm Water Quality and Control. ORDINANCES ON FIRST READING 2. Council Bill 19 -2010 -An Ordinance approving the rezoning of property located at the Southeast Corner of 44th Ave. and Wadsworth to the Mixed Use-Commercial (MU-C) Zone District (Case NO. WZ-10-07). CITY COUNCIL AGENDA: November 22, 2010 Page -2-DECISIONS. RESOLUTIONS. AND MOTIONS 3. Resolution 62-2010 -A Resolution amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $200,000 to WR2020 for the purpose of funding programs that leverage private and public funds supporting Community and Economic Development in the City. 4. Resolution 61-2010-A Resolution approving an Agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of $66,400. 5. Election of Mayor Pro Tempore. 6. Motion to adopt the 2011 Regular City Council Meeting Calendar. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO November 8,2010 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, Tracy Langworthy, Wanda Sang, and Mike Stites. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager, Patrick Goff; Interim Administrative Services Director, Heather Geyer; Director of Parks & Recreation , Joyce Manwaring; Community Development Director, Kenneth Johnstone; staff; and interested citizens. APPROVAL OF MINUTES OF October 25,2010 Motion by Mr. Stites for approval of the Minutes of October 25. 2010; seconded by Mrs. Sang; carried 7-0-1 with Mrs. Langworthy abstaining. CITIZENS' RIGHT TO SPEAK Cheryl Brungardt spoke on behalf of Enterprise Wheat Ridge to announce the kick-off of this year's Passport to Wheat Ridge contest, which will run November 1 through December 31 st , 2010. Citizens are encouraged to shop Wheat Ridge businesses and complete their "passport". Three participants this year will win prizes. Passports may be picked up at numerous locations, including 1st Bank, the Active Adults Center, Wheat Ridge Cyclery, Larson Ski & Sport. Wheat Ridge City Hall and the Wheat Ridge Recreation Center. Citizens interested in finding services and shopping in Wheat Ridge may visit the Economic Development link on the City website for a list of Wheat Ridge businesses. City Council Minutes Page 2 1. CONSENT AGENDA a. Motion to approve Award of RFP-10-26 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. Consent Agenda was introduced and read by Mr. DeMott. Motion by Mr. DeMott for approval of the Consent Agenda; seconded by Mr. Reinhart; carried 8-0. 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. Mayor DiTullio opened the public hearing. Council Bill 17-2010 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance 1472. No citizens were present to speak. Mayor DiTullio closed the public meeting. Motion by Mr. Stites to approve Council Bill No. 17-2010 (Ordinance 1472) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. City Council Minutes Page 3 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. Council Bill 18-2010 was introduced on first reading by Mr. Stites. Motion by Mr. Stites to approve Council Bill 18-2010 on first reading, order it published, public hearing set for Monday, November 22, 2010 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8-0. DECISIONS. RESOLUTIONS. AND MOTIONS 4. Motion to approve the proposed changes to Council Rules of Order and Procedure. Motion by Mr. Reinhart to adopt the amended City Council Rules of Order and Procedure, revised November 8, 2010; seconded by Mrs. Langworthy; carried 8-0. 5. Motion to appoint Scott Ohm to fill District II Planning Commission Vacancy. Motion by Mrs. Jay to appoint Scott Ohm to the Planning Commission representing District II, term to expire 03/02/13; seconded by Mrs. Mrs. Sang; carried 8-0. 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. Louise Turner expressed concern for a number of wasteful practices in the City and suggested ways the City could save taxpayer money. She believes there is an unnecessary amount of upper level staff with extremely high salaries in the City. Until the last City Administration, the City had only one City Manager. Today we have two, plus several more highly-paid executive staff. She recommended cutting expenses by not filling positions when they become vacant and to seriously reconsider whether some capital projects are necessary. The idea of a new Public Works and Park Services facility is atrocious and unnecessary. Staff is now asking for $.5 million a year to fund this new facility, and she believes there are better uses for this money in a down economy. She also also believes the 44th & Wadsworth land purchases made by the City were not wise or necessary in this economy considering it eliminated several businesses and approximately 60-70 jobs in the City. Further, she recounted several Resolutions that Council passed throughout this year amending the budget to add more expenditures from the General Fund not originally approved in the Budget. Specifically, the Connections Newsletter was appropriated $80,000 additional this year. The City's newsletter used to be economically produced and only for informational purposes. Now it's a large, color publication with a lot of promotions. The City Council made two gifts City Council Minutes Page 4 this year to Urban Renewal (Renewal Wheat Ridge) to conduct a study establishing blight on Kipling in the amounts of $50,000 & $70,000 approximately. Kipling is not a blighted area and does not require money to be spent to do a blight study. Considering the population of Wheat Ridge isn't growing, the budget should not be allowed to grow so large. She asked, if you cannot control the budget today, how will it be in the future? Mayor DiTullio closed the public hearing. Motion by Mrs. Sang to continue discussion on the Budget at the November 15, 2010 Study Session and to consider its approval at the November 22nd , 2010 Council Meeting; seconded by Mr. DeMott; failed 5-3 with Council Members Sang, Stites and DeMott voting Yes. Motion by Mr. Reinhart to approve 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; seconded by Mrs. Langworthy; carried 5-3 with Council Members Stites, DeMott and Sang voting No. ELECTED OFFICIALS' MATTERS Mayor DiTullio indicated he would not be able to attend tonight's Study Session following the regular meeting and encouraged Council to fund the $1 million necessary to support the 44th & Wadsworth development project. ADJOURNMENT Meeting adjourned at 8:11p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON November 22, 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. .'• .< City of p WheatRL.dge ITEM NO: ./::f). DATE: November 22, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 18-2010 -AN ORDINANCE REVISING CHAPTER 20 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING STORMW ATER QUALITY AND CONTROL IZI PUBLIC HEARING D BIDSIMOTTONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 11 /8/2010 IZI ORDINANCES FOR 2 ND READING 11122/2010 QUASI-mDICIAL: DYES bH'~ Director of Public Works City Manager ISSUE: An audit of the City's Stormwater Management Program by the State Health Department will require minor revisions of the Stormwater Ordinance. The changes include: I. 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:IFormslCAFtemplate Council Action Form November 22, 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. The Ordinance was passed on first reading on November 8, 2010. FINANCIAL IMPACT: None BACKGROUND: The City's Storm water Management Program was audited by the State Health Department in April, 20 10. The resulting Compliance Advisory included a number of required actions, which included several changes to the City Stormwater 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 Storm water Ordinance be enacted. RECOMMENDED MOTION: "I move to approve Council Bill No. 18-2010, an ordinance revising Chapter 20 of the Wheat Ridge Code of Laws, concerning storm water quality and control, on second reading, and that it take effect 15 days after final publication." Or: "I move to postpone indefinitely Council Bill No. 18-2010, an ordinance revising Chapter 20 of the Wheat Ridge Code of Laws, concerning storm water quality and control, for the following reason(s) " REPORT PREPARED BY: Tim Paranto, Director of Public Works A TT ACHMENTS: I. Redline Council Bill No. 18-20 I 0 2. Council Bill No. 18-2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ______ _ Council Bill No. __ _ Ordinance No. ____ _ Series of 201 0 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: WRPW 011 .1 Attachment 1 VllRPW013 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 ;!Iso Include any minor modifications that have been made to the SWMP .!!t 1b& ggnstrucllon 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. INRPW013 4 Malol SWMP modIficatIon Modifications to the approved SWMP that change the hydrolQgy Mlllor SWMP modification Modifications to the approved SWMP that result In substitutions or adlustments to BMPs that provide equivalent performancf' ancj protectron and do not result In conditions that regulle a malor modiflcatron 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/channelsllakes/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. WRPW013 5 Deleted: of NPDES permit 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). Stormwater. Any surface fiow, 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, andlor 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. 204. 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. VVRPW013 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 CDPS permit is not required. INRPW013 (1) Allowable nOI1-stof11lWatel 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 sldew,!lks 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 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. tIL-Occasional incidental Ilon-stormwater discharges Snow melting operations, ,§wlmrrung pools~ PQJ,."ble_ '!'.a.t~L sources, ,aDA l'.h,adty ,Gar washes proVided that adequate BMPs are In place Jo mln.Lmlze the Qlscharge 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 lim itation, 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 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. WRPWQ13 8 Deleted: and provided that written approval has been granted by the City for any discharge to the storm drain system.1J 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) Vl/RPW013 (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 slormwater facility, Irrigation ditch, watercourse. or related practice deemed necessary by the Director. 11 (C) Emergency repairs to streets, waler, sanitary sewer or other facilities 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. (I) 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; .12,,) City of Wheat Ridge site drainage requirements; and Q) Any other alternative methodology approved by the City, which is demonstrated to be effective. INRPW013 10 Deleted: (2) Current City issued erosion control construction details. '!I 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 .Q.!.tLapproved SWM P on site at all times and shall be prepared to respond to maintenance of specific BMPs. (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, and when specifically requested by the city. Inspections of BMPs shall be conducted by an individual who i.§ experienced with commonly accepted structural and non-structural BMPs for erosion and sediment control_ _ _ _ _ _ _ _ _ (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 immediatel¥ of the referenced inspection, and shall be recorded on the owner's copy of SWMP. (e) SWMP modifications. The operator shall amend the ;,WMP whenever there is a s:hange 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. Malor modifications to the SWMP are required to be submitted to the City for review and approv_aJ 9!)fore being includedirrJh~~\lYMP (I) 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 andlor 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. VVRPW 013 11 Deleted: CDPHE Deleted: surface runoff Deleted: has successfully completed formal training in erosion and sediment control by a recognized organization acceptable 10 the Director. A certification of successful completion of such training shall be provided upon request.lI { Deleted: within 7 days 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 gorm.~ateI facility maintenance ,i!9r?ement that must be approved by the city and recorded In the office of the Jefferson County county clerk ang recordel prior to ~ Issuance Qf. -'!. certificate of occupancy or completion. The "greement shall be binding on all subsequent owners of land served by the permanent BMP. As part of the "greement, a schedule shall be developed, detailing when and how often maintenance will occur to ensure proper function of the permanent BMPs. The "greement shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled maintenance. The ,ilgce_~~I}j_ shall provide for access to the facility at reasonable times for periodic inspection or any Jemedial 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, 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 the Director. The inspection and maintenance 12 Deleted: formal Deleted: covenant I Deleted: against the title of the subject property Deleted: final development plan or grading permit approval f Deleted: covenant Deleted: covenant Deleted: covenant Deleted: cleanouts Deleted: covenant Deleted: required Deleted: The covenant shall be memorialized on the subdivision pial, annexation plat, development agreement or other instrument, or in a separate form acceptable to the city 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 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, 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 ~ode 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. INRPW 013 13 (d) Form of performance bond VVRPW013 (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 ,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. 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 Deleted: of public works (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 Ihls chapter shall conslilute 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 Pfoc~wes outlined for nuisances In section 15-8, Abatement of thiS Code. ,Sec. 20-42. ,EmergencY abatement. WRPW013 15 Deleted: (e) In the event the violation constitutes an immediate danger to public health or public safety, the director or designee Is authorized to enter upon the subject property, without giving prior nollce, to lake any and all measures necessary to abate the violation anel/or restore the property.l1 Deleted: Appeal of notice of violation lD the event the vlolallon constitutes an Immediate danger to public health or pUblic ~afllb' or pollullQl1~ ~19~ J)le enVironmentc the Director Jlr dejilQl}ee I~ authOrized to enter upon the sublect prQ~~)lVlthout glV1l1g pnor notice. to take any and all m~""u@!> De~e§s"ry t9 abate the vIQlatIQ'l_"-Ild/Q[ r"st()[e tbe property ,Sec. 20-43. Recovery of expense of abatement. Jf the city abates a violation of this chapter, Jhe owner of the property will be notified of the cost of abatemenl maccorda_nce With the procedures outlined for nUlsance'i.!D sectlon_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 upon the responsible owner andlor operator. The owner andlor operator shall immediately stop all activity until authorized in writing by the city to proceed. If the owner andlor 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 andlor 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 .,>ublect tQ t~ 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 th is 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: Any person receiv ing 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 dale the notice of violation was given. Hearing on the appeal before the director Of his/her designee shall lake place within ten (1 0) working days after the date of receipt of the notice of appeal. The decision of the director or his/her designee shall be fina l.lI Deleted: Abatement Deleted: (a) Deleted: within within len (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 (t5) days of the effective date of the notice 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.1I (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 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.1I (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 laxes.1I 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. ATIEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: INRPW 013 Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 17 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES 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 WRPW011 .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 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, 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 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) storm water 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 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. WRPW013 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. WRPW013 (1) Allowable non-storm water 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 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 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 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. WRPW013 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 req uested 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. WRPW013 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 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. WRPW013 11 (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. 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 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 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 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. 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. WRPW013 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, but is 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 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 013 17 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of November, 2010, ordered published with Public Hearing and consideration on final passage set for November 22, 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: November 11 , 2010 Second Publication: Wheat Ridge Transcript Effective Date: WRPW 013 Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 18 ,. ~ 4 • .' CIty of p WheatRL..dge ITEMNO:~ DATE: November 22, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 19-2010 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 44TH AVENUE AND WADSWORTH TO THE MIXED USE-COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WZ,1O-07) o PUBLIC HEARING o BlDS/MOTIONS o RESOLUTIONS ISSUE: ~ ORDINANCES FOR 1ST READING (11122/2010) o ORDINANCES FOR 2ND READING (12/13/2010) ~ YES o NO or -E~r41 The Wadsworth Corridor Subarea Plan, adopted in 2007, aod the Envision Wheat Ridge comprehensive plan, adopted in 2009, call for medium and high density mixed use redevelopment along the Wadsworth Corridor. Both plans envision a mixed use town center with compact, pedestrian-friendly development on Wadsworth between 38th and 44'h Avenues. Renewal Wheat Ridge, the City's urban renewal authority, controls nine acres ofland at the southeast comer of 44th Avenue and Wadsworth. In partnership with a Master Developer, Renewal Wheat Ridge is working on on redevelopment plans for this property. The redevelopment plans entail mixed use development that is aoticipated to include office, retail, and residential, as well as high-quality open space and streets that correspond with the vision for a quality mixed use town center in this area. In order to advance the City's goal of promoting mixed use redevelopment on Wadsworth, and to support the development concept proposed by Renewal Wheat Ridge, the City initiated rezoning the property at the southeast comer of 44th Avenue and WZ-IO-07 Council Action Form November 22, 2010 Page 2 Wadsworth to Mixed Use-Commercial (MU-C). The MU-C zoning would enable the mixed use redevelopment of this area by creating a streamlined development review process, allowing higher-density, mixed use development, and by allowing a range of land uses, including residential. PRIOR ACTION: City Council adopted a resolution to proceed with the proposed rezoning on September 13,2010. Planning Commission recommended approval at a public hearing on November 4, 20 I O. Meeting minutes from the Planning Commission Public Hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. However, the new zoning should enable redevelopment that will advance the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property to be rezoned is located at the southeast corner ofW. 44th Avenue and Wadsworth Boulevard and extends east to Upham Street. It includes the property located immediately at the corner, 4350 Wadsworth, which contains the First Bank building. It also includes the property located at 7540 W. 44th Avenue, which fronts W. 44th Avenue just east of Wadsworth and contains the Panda King restaurant. The third property, located at 7340 W. 44th Avenue, contains a large parking lot and vacant land, an antique mall that has recently been vacated, and a former/vacant transmission shop located at the corner ofW. 44th Avenue and Upham Street. The property at this address, which is approximately nine acres in size, was purchased by the urban renewal authority, Renewal Wheat Ridge, in 2008. RWR is working with a master developer on a redevelopment plan for this property that is anticipated to include office, retail, and residential uses. Existing Zoning The current zoning on the site is Restricted Commercial (R-C), Commercial One (C-I), and Planned Commercial Development (PCD). The Pay-N-Pak PCD that applies to the property property was approved in 1977 through an Outline Development Plan (ODP). It allows the same uses as the C-I zone district, with the exception of auto, truck, and trailer sales. Overall, the existing commercial zoning on the site allows for a wide range of commercial uses, especially in the C-l and PCD districts. All three existing zone districts on the subject site place considerable restrictions on residential development, including the following conditions: • No new residences, as a primary or principal use, shall be allowed. • The amount of floor area devoted to commercial use must exceed the amount devoted to residential use. Council Action Form November 22, 2010 Page 3 • Residential use density shall not exceed one dwelling unit per 5,000 square feet (roughly 8.7 units per acre). In terms of building heights, the current zoning on the site limits commercial buildings to a maximum of 50 feet and any building with a residential use to a maximum of 35 feet. Any development under the current zoning would also be subject to the Architectural and Site Design Manual (ASDM) since the area is part of the Traditional Overlay district. The ASDM contains site and building design standards that encourage quality architecture and pedestrian-friendly design. City's Adopted Plans The City has two recently-adopted plans that establish the goals and policies for the future of Wadsworth: Wadsworth Corridor Subarea Plan Adopted in 2007, this plan calls for the redevelopment of Wadsworth with mixed use, medium and high density development. The proposed rezoning to the MU-C zone district will enable the redevelopment of the urban renewal property to to a mixed use, pedestrian-friendly development that fits the following goals stated in the Wadsworth Corridor Subarea Plan: • Encourage the development of the Wadsworth Corridor, especially between W. 44th Avenue and W. 38th Avenue, as a town center for Wheat Ridge -filling in both sides of Wadsworth Boulevard with a mix of commercial, office, and residential uses, convenient parking both on-street and behind the buildings, and broad sidewalks with benches, street plantings and areas for plaza and outdoor dining • [n general, encourage a gradual increase in density and building height closer to Wadsworth Boulevard to provide the critical mass of uses and residents that will help support the businesses in the Corridor and bring life to this town center as well as prevent encroachment into the residential neighborhoods east and west of the Subarea. Comprehensive Plan Envision Wheat Ridge, the comprehensive plan adopted in 2009, also promotes the vision for Wadsworth, between 44th and 38th Avenues, to become a mixed use town center. The plan identifies the Wadsworth corridor as one of five priority redevelopment areas in the City and specifically recommends that the City, in collaboration with economic development partners, guide the development of a pedestrian-friendly, mixed use town center at this location. RECOMMENDATIONS: The proposed MU-C zone district would encourage the type of quality, mixed use development that is called for in the City's plans for Wadsworth. Key aspects of the MU-C zone district that would promote the mixed use redevelopment of this site include: • A streamlined development review process • A wide range of allowable land uses, including residential Council Action Form November 22, 20 I 0 Page 4 • Architectural standards, such as build-to requirements and ground floor transparency, that encourage quality design but allow for more flexibility than the ASDM, which currently applies to the site • Higher allowable building heights and densities • Flexible parking requirements • Requirements for residential transitions that will help protect the existing residential neighborhood close to the site. For these reasons, the proposed rezoning would help advance redevelopment of a priority area within the City, enabling high-quality mixed use development that fulfills the City's adopted plans for a mixed use town center on Wadsworth. RECOMMENDED MOTION: "1 move to approve Council Bill No. 19-20 I 0, an ordinance approving the rezoning of property located at the southeast corner of 44th Avenue and Wadsworth to the Mixed Use-Commercial (MU-C) zone district, on first reading, order it published, public hearing set for Monday, December 13, 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 Council Bill No. 19-20 I O. an ordinance approving the rezoning of property located at the southeast corner of 44th Avenue and Wadsworth to the Mixed Use-Commercial (MU-C) zone district for the following reason(s) " REPORT PREPARED BY; Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Council Bill No. 19-20 I 0 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ COUNCIL BILL NO. 19 ORDINANCE NO. ~ _ _ Series 2010 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF 44TH AVENUE AND WADSWORTH TO THE MIXED USE-COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WZ-10-07) WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section 26-113 of the Wheat Ridge Code of Laws to initiate rezoning of property; and WHEREAS, the City Council of the City of Wheat adopted a resolution on Se~tember 13, 2010 initiating the rezoning of property located at the southeast corner of 44t Avenue and Wadsworth to Mixed Use-Commercial (MU-C); and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in 2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS, both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed use development pattern; and WHEREAS, properties located at the southeast corner of 44th and Wadsworth are included in those plans and are recommended for future mixed use development, including the development of a "town center" land use pattern that promotes a more active and pedestrian-friendly environment; and WHEREAS, Renewal Wheat Ridge has acquired 3 properties in this location totaling 9 acres and is working with a Master Developer on redevelopment plans that would included mixed use development, anticipated to include office, retail, and residential; and WHEREAS, the existing zoning designations in this area are commercial, which only allows for limited residential development; and WHEREAS, the rezoning of the property to Mixed Use-Commercial (MU-C) would support the development concept being proposed and would expedite the ability of Renewal Wheat Ridge to redevelop all or part of the area into the land use pattern and urban form that the City desires; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 4, 2010 and voted unanimously to recommend approval approval of rezoning of the property to Mixed Use-Commercial (MU-C). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Pursuant to the findings made based on testimony and evidence presented at the public hearing before the Wheat Ridge City Council, Mixed Use-Commercial (MU-C) zoning is approved for the following described land: The parcels commonly known as 4350 Wadsworth Boulevard and described at Reception Number 223110190 as recorded in the official records of Jefferson County, State of Colorado; and The parcels commonly known as 7540 West 44th Avenue and described at Reception Number 89006508 as recorded in the official records of Jefferson County, State of Colorado; and The parcels commonly known as 7340 West 44th Avenue and described at Reception Number H908376A as recorded in the official records of Jefferson County, State of Colorado; as depicted in Exhibit A. The area to be rezoned includes adjacent right-of-way, extending to the centerline of that right-of-way, which borders the parcels described above. Section 2: Approval of this zoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4: Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of the 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 the ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to __ on this 22nd day of November, 2010, ordered it published with Public Hearing and consideration of final passage set for Monday, December 13th, 2010 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days 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. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: ___________ _ Second Publication: ...,-_________ _ Wheat Ridge Transcript: _________ _ Effective Date: ____________ _ Exhibit A: Area to be rezoned to Mixed Use-Commercial (MU-C) I t; • 0 z I ~ «TH AVE I---' 07540 I 073<0 04350 I ·04350 07540 0 ~ • z I< r----o.,,'ij-~ 04350 0 ~ 07340 43RD P..!:..-04350 ;;; 07340 07rO ~ 04350 z ~ • I 4J~ •• City of ]?" Wheat RL.dge ITEMNO:l DATE: November 22, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 62-2010 -A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $200,000 TO WR2020 FOR THE PURPOSE OF FUNDING PROGRAMS THAT LEVERAGE PRIVATE AND PUBLIC FUNDS SUPPORTING COMMUNITY AND ECONOMIC DEVELOPMENT IN THE CITY D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING DYES At the October 18, 20 I 0 City Council Study Session Denise Waddell, President of the WR2020 Board of Directors and Britta Fisher, Executive Director of WR2020 requested additional funding from the City in the amount of $200,000 for 20 lOin follow-up to their original funding request made to City Council on AprilS, 20 I O. Council consensus was to move forward with the proposed funding request. PRIOR ACTION: On May 10, 2010 City Council approved a funding request by WR2020 for $20,996 as a matching contribution for funds raised by WR2020 through December 2009. BACKGROUND: As outlined in the attached letter rrom WR2020, $200,000 is requested to support the following programrmng: • $159,000 to support the Home Investment Loan Program (HlP) and Building Up Business Loan (BUBL) Program. These low-interest loan programs help incent Council Action Form -WR2020 Supplemental Budget Request November 22, 2010 Page 2 homeowners and business owners to make improvements to their properties. They ask for flexibility to move the money between HIP and BUBL based on applications. WR2020 will utilize 6 percent for program administration. They currently have a $50,000 BUBL application pending for a business on 38th Avenue and have recently closed on two HIP loans. • $16,000 to support the implementation of the CRP recommendations for the 38th Avenue corridor. Previously in 2010, WR2020 reported the outcomes of the Downtown Colorado, Inc., and Colorado Department of Local Affairs Community Revitalization Partnership Program (CRP). WR2020 continues to work with City staff; business owners, civic organizations and City leaders in advancing the strategies for improvement of the 38th Avenue corridor. WR2020 needs continued support to enter into the next phase of implementation and to move forward with the activities needed to put the study and strategies into action. • $25,000 pledge to match donations and grants made to WR2020 in the fourth quarter of 2010. WR2020 is working to diversify their funding base. Matching funds provide an incentive to funders, donors and sponsors to make an investment in WR2020's mission. The City's support shows continued commitment to revitalization work and aids in WR2020's efforts to increase sustainability through attracting more contributors to their mission. In particular, WR2020 believes support of this funding will increase individual support and aid in their efforts to participate in Colorado Gives Day. At the April 5, 20 \ 0 Study Session City Council provided consensus to move forward with funding for WR2020 in the amount of $20,996 which Council approved at the May 10, 2010 City Council meeting. At the April 5th Study Session, City Council requested additional information be brought back to a future Study Session, specifically statistics on the WR2020 loan programs. WR2020 brought their 20 \ 0 funding request to Council at the October \8, 20 10 Study Session and Council's direction was to bring the $200,000 funding request forward for approval, to be used for the programs outlined above. FINANCIAL IMP ACT: Prior funding awarded by City Council to WR2020 to date is $20,996. This funding request was not budgeted in the 2010 Budget. A supplemental budget appropriation from the General Fund undesignated reserves is required if City Council approves this request. RECOMMENDATIONS: None RECOMMENDED MOTION: "\ move to approve Resolution No. 62-2010 -a resolution approving a supplemental budget appropriation in the amount of $200,000 to WR2020." Or, Council Action Fonn -WR2020 Supplemental Budget Request November 22, 2010 Page 3 "I move to postpone indefinitely Resolution No. 62-2010 -a resolution approving a supplemental budget appropriation in the amount of $200,000 to WR2020 for the following reason(s) " REPORT PREPARED BY: Heather Geyer, Interim Administrative Services Director ATTACHMENTS: I. Resolution No. 62-2010 2. WR2020 Letter of Request CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 62 Series of 2010 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $200,000 TO WHEAT RIDGE 2020 FOR THE PURPOSE OF LEVERAGING PRIVATE AND PUBLIC FUNDS SUPPORTING COMMUNITY AND ECONOMIC DEVELOPMENT IN THE CITY WHEREAS, the City Council recognizes the important role WR2020 plays in real estate development, community engagement, leveraging private and other public funds, and supporting community and economic development; and WHEREAS, WR2020 supports the vision and goals of the City's Envision Wheat Ridge Comprehensive Plan and Neighborhood Revitalization Strategy (NRS); and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the supplemental budget appropriation to WR2020 for the purpose of leveraging private and public funds supporting community and economic development in the City. B. The City Council authorizes the transfer of $200,000 from the General Fund undesignated reserves to account # 01-105-700-721 and amendment of the 2010 Fiscal Year Budget accordingly. DONE AND RESOLVED this 22nd day of November 2010. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk Attachment 1 ~HEA:::DGE 2020 ,\ Partn(llS In aVlbrantWheat Ridge " September 21, 2010 \X~,eat Ridge City Council & Mayor DiTullio 7500 \XI 29,h Avenue Wheat Ridge CO 80033 RE: 2010 Supplemental Budget Request Dear \X~,eat Ridge City Council & lI-1ayor: "'heat Ridge 2020 has been producing good programs and progress in ollr mission to advance \Vheat Ridge ns a vibrant and sustainable community. \'(Ie urge the City of \'('heat Ridge to provide $200,000 in fuuding from }rour 2010 budget 10 support our work. $159,000 to support the Home Investment Loan Program (HIP) and Building Up Business Loan (BUBL) Program. These low-in tcreSl loan programs help rnccnt homeowners and bu~;iness owncl:s to make improvements to their properties. 'Vi/e ask for flexibility to move the moncy bc[wccn HrP and DUEL based on appUcations. \'(/hc:ll R..idge 2020 will utilize 6% for program administration. \'\/e currentI)1 have a $50,000 nUEL application pending for a business on 38th Avenue and have recently dosed two fUll loans. $16,000 to support support tbe implementation ofthe CRP recommendations for the 38th Avenue corridor. Previously in 2010 we reported the outcomes of the Downtowo Colorado, Inc. and Colorado Department arLacal Affairs Community Revitalization Partnership Program (CRP) held in December 2009. \\le continue to wo.rk with ci t)' staff, business owners, ch~i c organizations and city leaders in advancing the strategies for imprm·ing lhe 38th Avenue corridor. Wle need continued support to help as we enter the next phase of implementnuon and move into the aclh~ itics needed Lo put our studies and strategies into aclion. $25,000 pledge to match donations and grants made to WRZ020 in 2010 4'" quarter. I\s \X~,e.t Ridge 2020 moves forward we arc working to dive rsify our funding base. lvlatching funds provide all incentive to funders, donors and sponsors 10 make an i.nvestment in \,(/heM Ridge 2020's mission. The City of \'<'heat Ridge playing Litis matching role helps to show the City's continued com.l1l,i tl1lent to revitalization work work and aids 'X1hcatRidge 2020 in increasing our snstainability tluough attracting more contributors to our mission. I'n particular this will aid our efforts to participate in Colorado Gh'es Day and increase our individual support. Wle believe the value we are able to provide in real estate development, community cngagement, Ic\<eraging priva te and other public funds, alld supporting community and economic development goals merits further investment. Please make an additional investment in our mission as we work in partncrship with the City of \"'('heat Ridge to improve our community and increase our revenues and investment. 'Thank you for your support in advancing \,,{'heat Ridge as a vibrant and sustainable conllnunity. r.O. BOX J268 WIIEAT RIDGE. CO 8003·J-1268 mVW.WHEATl\IDGE2020.0RG PH, 720 2591030 FAX, 303 940 9332 Attachment 2 liM Britta Fisher Execut..ive Director WHEAT RIDGE 2020 -PAGF 2 .. • '. City o f p WheatR.L.dge ITEMNO:~ DATE: November 22,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 61-2010 -A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND AUTHORIZING PAYMENT OF $66,400 o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: Ch ef of P lice ISSUE: o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2 ND READING o YES In 2006, the Wheat Ridge Police Department entered into an Inter-Governmental Agreement (IGA) with the Lakewood Police Department to provide forensic crime lab services. This agreement was prompted by recommendations made in the 2004 Police Department Organizational Assessment which recommended civilianizing the department's crime lab and using the two sworn crime lab detective positions for other police functions. The disbursement of $66,400 is made to the City of Lakewood in four quarterly payments. PRIOR ACTION: After reviewing the available options, the Police Department Department entered into an agreement with the Lakewood Police Department to provide forensic crime lab services. The first IGA, an eighteenmonth agreement, was approved in June, 2006 and ended December 31, 2007. Due to the success of this agreement, it has been continued. The City of Lakewood requires IGA's to be approved annually. This agreement has again been successful over the past year and it is recommended the agreement to be continued in 2011. BACKGROUND: Prior to this agreement, the Wheat Ridge Police Department had two sworn detectives assigned to the Forensic Crime Lab. Two separate assessments recommended the department explore options to staffmg the forensic crime lab with non-sworn personnel. After reviewing the alternatives, the police department determined the best option was to partner with the Lakewood Council Action Fonn -Lakewood Crime Lab lOA November 22, 20 I 0 Page 2 Police Department. This partnership allowed the department to enhance forensic crime lab services to the community. The department used one sworn position to fund the hiring of a crime scene analyst for the Lakewood Police Department and reassigned the second crime lab position as a detective in the Investigations Bureau to investigate criminal cases. This partnership provides the Wheat Ridge Police Department with immediate access to Lakewood Crime Lab personnel as needed. The Lakewood Police Department provides access to their crime scene analysts and a supervisor to respond to calls in Wheat Ridge based on the crime scene processing needs. This arrangement allows the department to allocate personnel resources to investigating cases. To date, this partnership has improved service levels at major crime scenes and has provided for an assigned crime scene analyst to routinely process evidentiary items at the police department. In addition, the supervisor and crime scene technicians routinely attend Investigation Bureau meetings and have provided crime scene processing training to Wheat Ridge officers. FINANCIAL IMPACT: Per the agreement, Wheat Ridge will pay salary and benefit costs for one Lakewood Crime Lab position at $61,000 for 20 II. Preliminary overtime costs have been estimated at $5,400 per year, bringing the total cost to $66,400 per year, from budgeted account no 01-212-700-704. In addition, the department will provide for the replenishment of supplies consumed in the course of a Wheat Ridge investigation. In comparison, salary and benefits costs for one Wheat Ridge Police senior detective position are $91,064. With the additional estimated overtime costs of $8,000, the total costs for a sworn crime lab position are about $99,064. This IGA saves the department approximately $32,664 a year. RECOMMENDATIONS: The police department recommends maintaining the partnership with the Lakewood Police Department for the period of January 1,2011 through December 31,20 II . This lOA improves the efficiency of the police department and the level of service to the community. It also provides the opportunity to redeploy a sworn position to the Investigations Bureau. RECOMMENDED MOTION: "I move to approve Resolution No. 61-2010 -a resolution approving an Intergovernmental Agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime scene services and authorizing payment in the amount of $66,400." Or, "I move to postpone indefinitely Resolution No. 61-2010 -a resolution approving an Intergovernmental Agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime scene services and authorizing payment in the amount of $66,400." " Council Action Form -Lakewood Crime Lab IGA November 22,2010 Page 3 REPORT PREPARED BY: Jim Lorentz, Division Commander Daniel Brennan, Police Chjef A TT ACHMENTS: 1. Resolution No. 61-20 I 0 2. Intergovernmental Agreement between City of Lakewood and City of Wheat Ridge CITY OF WHEAT RIDGE, COLORADO RESOLUTION 61 Series of 2010 TITLE: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND AUTHORIZING PAYMENT OF $66,400 WHEREAS, the Lakewood Police Department possesses both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, the Wheat Ridge Police Department is desirous of utilizing these resources to more effectively manage its crime scene investigation; and WHEREAS, one additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge's needs; and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one full-time employee; and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in in this Agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: This Agreement shall be in full force and effect on the date that both parties have executed this Agreement (the "Effective Date"). This Agreement shall automatically renew for one year terms on the anniversary of the effective date. A party may terminate its participation in this Agreement with or without cause after ninety days written notice to the other party. DONE AND RESOLVED THIS DAYOF ______ 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Attachment 1 AGREEMENT THIS AGREEMENT is made and entered as of the 1st day of January, 2011, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Wheat Ridge"), and the CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Lakewood"). RECITALS WHEREAS, Lakewood possess both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, Wheat Ridge is desirous of utilizing these resources to more effectively manage its crime scene investigation; and WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge's needs; and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one (1) full-time employee; and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of of the forensic crime lab and personnel hereafter described in this Agreement. COVENANTS NOW THEREFORE, in consideration of the recitals, covenants. and promises herein set forth and other good and valuable consideration herein received, the parties agree as follows: 1. Definitions. As used herein, the following terms have the meanings set forth: a. Ancillarv scene/ancillarv crime scene: A scene that is not the primary scene of a call-out. Ancillary scenes include, but are not limited to: hospitals, vehicles and the Lakewood Police Department when used to create search warrants and process victims and/or suspects. b. Call-out: A request made by either the Wheat Ridge or Lakewood Police Department for a Crime Scene Analyst, and 'any other personnel as may be deemed necessary, to visit a crime scene and to begin the investigation and analysis necessary to resolve that particular case. c. Court preparation: Includes, but is not limited to: photo processing and preparation, diagram production, pre-trial meetings, consultation and other work done to prepare for any court proceedings resulting from a crime scene investigation. d. Crime Scene/Scene: Either a primary or ancillary scene as defined in this section. e. Crime Scene Analyst: A non-swom member of the Lakewood Police Department specializing in crime scene investigation. Attachment 2 f. Forensic crime lab/crime lablJab: A lab specially designed to aid in the investigation and analysis of evidence found at a primary crime scene or any ancillary crime scene. g. Image analvsis: Follow-up work done in the lab, which includes, but is not limited to: review of images and providing stills from surveillance tapes. h. Latent print work: Follow-up work done in the lab, which includes: processing, evaluation and comparison of fingerprints, as well as entry of such fingerprints into Lakewood's A.F.I.S. (Automated Fingerprint Identification System), AFIX and I.A.F.I.S. (Integrated Automated Fingerprint System). i. Overtime: Time worked by any Crime Scene Analyst beyond the normal working hours as scheduled on a weekly basis. j. Primarv scene/primarv crime scene: The location where a crime is committed. 2. Availability of crime scene investigation resources. Lakewood shall make its forensic crime lab and personnel available to Wheat Ridge under the terms set forth in this Agreement. 3. Scope of services. Wheat Ridge may make a call-out request for a Crime Scene Analyst in the circumstances as set forth in Exhibit 1 (the "Call-out Policy") herein attached. Lakewood shall provide the following services to Wheat Ridge in conjunction with each Wheat Ridge call-out: a. At least one (1) Crime Scene Analyst at the primary scene of the call-out; b. At least one (1) Crime Scene Analyst at any ancillary scenes; c. Chemical preparation for any required processing at a scene; and d. Follow-up preparation and evaluation of evidence in Lakewood's or Wheat Ridge's Jab. Follow-up in the lab includes, but is not limited to: i. ··Documentation of clothing and other items of evidentiary value; ii. Bloodstain pattem analysis both at the scene and in the lab. Bloodstain pattem analysis includes presumptive testing for blood; iii. Latent print work; iv. Footwear and tire track processing and comparison; v. Alternate light source examinations; vi. Fracture match examinations; vii. Image analysis; viii. Image processing and the archival storage and reproduction of images which includes: time, material and storage expense; 2 I ix. Report writing and diagramming, which includes laser mapping; x. Gunshot residue collection; xi. Court preparation; and xii. Court testimony. 4. Procedure. All evidence that is not needed for immediate forensic examination shall be booked ·into Wheat Ridge property and evidence. Wheat Ridge shall be responsible for any required viewings of evidence. 5. Standard, access and quality of service. With regard to all services provided under this Agreement, when responding to a request from Wheat Ridge, Lakewood shall provide the same standard of service, quality of service and accessibility to Wheat Ridge, as it does for all of its own call·outs. At a minimum, at least one (1) Crime Scene Analyst will respond to all primary and ancillary crime scenes. Additional personnel may be called to the scene as necessary and as they become available. In light of the addition of a new full-time Crime Scene Analyst pursuant to Paragraph 7(a) hereof, it is the expectation of the parties that this staffing increase will penmit a Crime Scene Analyst to respond to any Wheat Ridge andlor Lakewood call-out for evidence collection. 6. Assignments. Assignments to each call-out shall be made by Lakewood. Wheat Ridge shall provide security for any Crime Scene Analyst who is at the scene of a Wheat Ridge incident. 7. Compensation. In return for services provided and access to crime scene investigation resources, Wheat Ridge shall compensate Lakewood in the following manner: a. Salary, benefits and other associated costs. Wheat Ridge shall pay the salary, benefits and other costs associated with Lakewood retaining one (1) fulltime Crime Scene Analyst. During the first twelve ' (12) months of employment, salary for said employee shall not exceed $61,610. Salary shall be payable in advance in quarterly installments of $15,402.50. Changes in salary, benefits, overtime and other associated costs of this Agreement shall be made during each party's budget process, (typically completed in the months of May and June) but in no event shall such such changes be communicated to the other party later than one (1) week prior to submission of the final budget to the party's respective City Managers' offices for approval i. Overtime. Wheat Ridge shall pay all hourly overtime costs for Crime Scene Analysts on Wheat Ridge call-outs at the overtime rates paid by Lakewood for all overtime incurred by such Crime Scene Analysts. Within thirty (30) days of receipt of the invoice from Lakewood, Wheat 3 ,. I I Ridge shall pay all overtime costs incurred. The parties understand that this rate may change from time to time, upon 45 days advance written notice from Lakewood to Wheat Ridge. b. Replenishment of supplies. The City of Wheat Ridge agrees to provide replenishment of supplies consumed in the course of an investigation. These supplies include, but are not limited to, fingerprint powder, tape and brushes, casting material and chemicals used in the development of latent impressions and latent blood detection. c. Personnel support. The City of Wheat Ridge agrees to provide financial support for the analyst in the amount of $1 ,600 per year. This funds the employee's training costs, pager, cell phone and clothing expenses. This fee will be billed quarterly in pro-rated amounts. d. Scope. This Agreement shall not be read to include access to Lakewood's Computer Forensics Technician. 8. Staffing. The Lakewood forensic crime lab shall be staffed by Lakewood employees exclusively. Lakewood shall hire one (1) additional Crime Scene Analyst who will be a Lakewood employee for all purposes, including, but not limited to: discipline and supervision. 9. Records and retention. All physical records and evidence generated by the crime lab and its personnel shall remain in the possession of Lakewood for the limited purpose of forensic examination. Upon completion of such examination, such physical records and evidence shall be maintained by Wheat Ridge. Legal ownership of such records and evidence from any Wheat Ridge crime scene shall remain exclusively with Wheat Ridge. Wheat Ridge shall have all responsibility for responding to records inspection requests and any subpoenas for records with respect to Wheat Ridge crime scenes. 10. Use offacilities, Lakewood shall have access to the Wheat Ridge facilities necessary to carry out this Agreement. Furthermore, Lakewood shall have access to the evidence facility owned by Wheat Ridge located at 11220 W. 45th Avenue, Wheat Ridge, Colorado 80033-2500. 11. Compliance with Colorado Constitution Article X Section 20. The obligations of the parties hereunder are expressly subject to annual appropriation of amounts necessary in the sole and exclusive discretion of their respective governing bodies. Nothing in this Agreement constitutes or is intended to create a multi-year fiscal obligation or debt of either party within the meaning Article X, Section 20 of the Colorado Constitution. 12. Effective Date. This Agreement shall take effect on the 1 st day of January, 2011, or upon execution of this Agreement by both parties, whichever event occurs last. 4 13. Term. The term of this Agreement shall be twelve (12) months from the Effective Date. 14. Termination. Either party may terminate this Agreement for any reason upon providing sixty (60) days notice to the non-terminating party; provided, however, that the non-terminating party is given at least thirty (30) days to effect a cure. Notice of termination must state the reason the party is terminating the Agreement such that the non-terminating party is given adequate information to cure. Any notice given under this section shall be sufficient if personally delivered or if sent by certified mail, return receipt requested, addressed as follows: If to Wheat Ridge: With a copy (which shall not constitute notice) to: If to Lakewood: With a copy (which shall not constitute notice) to: 7500 W. 29"' Ave. Wheat Ridge, CO 80033 Gerald E. Dahl Murray Dahl Kuechenmeister & Renaud LLP 2401 15th Street, Ste. 200 Denver, Colorado 80202 Lakewood Public Safety Ctr. 445 S. Allison Pkwy. Lakewood, CO 80226 Office of the City Attorney Lakewood Civic Center 480 S. Allison Pkwy. Lakewood, CO 80226 Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective three (3) business days after mailing. 15. Waiver. Failure to insist upon strict compliance with any of the terms, covenants andlor conditions hereof shall not be deemed a waiver of such terms, covenants andlor conditions, nor shall any waiver or relinquishment of any right or power hereunder at anyone time or more times be deemed a waiver or relinqUishment of such right or power at any other time or times. 16. Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by both parties. 5 17. Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, agreements, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 18. Governing law; severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, jurisdiction and venue shall be proper and exclusive in the Courts of the County of Jefferson, State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby. 19. Paragraph headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 6 I I ! I.. I· Binding agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. WHEAT RIDGE: ATTEST: By: _______ _ Michael Snow, City Clerk LAKEWOOD: ATTEST: By :.~_~_~~~_ Margy Greer, City Clerk CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation By:::--:-:-::-_----::o:-:--;-;:-=-::--_ Daniel Brennan, Chief of Police Approved as to form: By:. ________ ~------------_ Gerald Dahl, City Attorney CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation BY:'~~~~~77~~ _ Kevin Paletta, Chief of Police Approved as to form: By:.==~~~~~ ___ _ Office of the City Attomey 7 Exhibit _1_ Call Out Policy Call Out Policy 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 . Homicides and attempted homicides Questionable (suspicious) and accidental deaths Suicides Felony Sex Assaults First & Second degree assaults on police or fire personnel. Assaults with potentially life threatening injuries to any person. Fire investigations involving human death or potentially life threatening injuries; or at the request of fire investigators for technical assistance. Felony child abuse. First or Second degree .kidnapping Police involved shootings Other types of incidents when the sensitivity of the investigation or a forensic complexity precludes the normal processing option, at the discretion of the supervisor. 8 Addendum: Current wages of employees (1/1/11): Erin O'Neil Sheri Shimamoto Ken Pomeranz Victoria Parker Patrick Bohan (supv.) $25.46/hr $27.36Ihr $31.37/hr $27.71/hr $44.65/hr $38.19Ihr OT $41.04/hr OT $47 .06/hr OT $41 .57/hr OT $66 .98/hr OT 9 • < • -City of ]?"WheatRl.-dge ITEMNO:~ DATE: November 22, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: ELECTION OF MAYOR PRO TEMPORE o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: o ORDINANCES FOR 1sT READING o ORDINANCES FOR 2ND READING DYES ~ NO 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 confirm the nomination unanimously. Each Council Member has been provided one Nomination Form in their agenda packets. These forms are to be completed, one each, by Council Members, folded and handed to the City Clerk during the hearing of this item. The City Clerk will announce the results of the secret nomination of Council Members for Mayor Pro Tern. PRIOR ACTION: Council Member Reinhart currently serves as Mayor Pro Tern. FINANCIAL IMPACT: None BACKGROUND: Mayor Pro Tern authority and duties: I. To preside over the meetings of Council in the absence of the Mayor 2. To function as the Council Parliamentarian and advise the Chair and Council Members on parliamentary rules 3. To review and set the agenda on Wednesday prior to Council meetings Council Action Form November 22, 20 I 0 Page 2 4. To determine emergency items at Council meetings S. May pull any item off the agenda with the exception of an item placed on the agenda by two Council Members 6. To arrange for, and coordinate the orientation of all newly elected officials within two months after the election. RECOMMENDATIONS: Elect a Mayor Pro Tern RECOMMENDED MOTION: "I move to elect as Mayor Pro Tern, effective immediately, term to expire upon election of their successor". REPORT PREP ARED/REVIEWED BY: Michael Snow, City Clerk ATTACHMENTS: I. Council Nomination Form Below Space For Office Use Only Council Nomination for Mayor Pro Tempore Council Rules, CHAIRMAN, MAYOR PRO TEM AND THEIR DUTIES, Section B.(I): 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 confirm the nomination unanimously. Name of Council Member to be Nominated This Council Member nomination of candidate for Mayor Pro Tempore was made and submitted to the City Clerk on this 22"d day of November, 2010. City Clerk: ____ ____ _ Attachment 1 City of Wheat Ridge Form Rev.: 06/09 ", ~ _ • City of , Wheat RL..dge ITEM NO:~ DATE: November 22, 20 I 0 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ADOPT THE 2011 REGULAR CITY COUNCIL MEETING CALENDAR o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: -~ City Clerk ISSUE: D ORDINANCES FOR 1ST READING o ORDINANCES FOR 2 ND READING DYES The calendar of City Council meetings is adopted by motion of the City Council yearly. Adopting the regular meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary. The proposed 20 II City Council Calendar includes Study Sessions on the first and third Monday of each month and regular Council meetings on the second and fourth Monday of each month. It is recommended that certain City Council meetings that conflict with observed City holidays or other known events during the year be cancelled. Included in the attached calendar, for your convenience, are the regularly scheduled board & commission meetings and all observed City holidays. These events, however, are not adopted or changed by this Council motion. PRIOR ACTION: None FINANCIAL IMP ACT: None Council Action Form November 22, 2010 Page 2 BACKGROUND: The regular meetings of the Wheat Ridge City Council are based on the City Council rules and the City Charter. It should be noted that the four Study Sessions (January, February, July and September) that fallon holidays when the City is closed are recommended for cancellation. The January 3,d Study Session is also recommended for cancellation due to its proximity to the New Year's holiday. No agenda items are currently scheduled to be heard on that date. Lastly, the December 26th regular Council meeting is recommended for cancellation as this is the observed Christmas Day holiday for the City of Wheat Ridge. Recommended Cancelled Meetings: Study Session, January 3'd, cancelled Study Session, January 17th, Martin Luther King, Jr. Day Study Session, February 21 st, President's Day Study Session, July 41h, lnderendence Day Study Session, September 51 , Labor Day Regular Council Meeting, December 261\ Christmas Day RECOMMENDATIONS: None RECOMMENDED MOTION: "I move to adopt the 2011 City Council Regular Meeting Calendar." Or, "I move to deny the adoption of the 2011 City Council Regular Meeting Calendar for the following reason(s): " REPORT PREPARED/REVIEWED BY: Michael Snow, City Clerk ATTACHMENTS: 1. Proposed 2011 City Council Regular Meeting Calendar January 2011 January 20U februMy 2011 5 M T W T F 5 5 M T W T F 5 1 1 2 3 • , 2 3 • , , 7 8 , 7 8 • 10 11 12 • 10 11 12 13 I' 15 13 I. I' I' 17 18 I. 16 17 18 I. ID 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 2. 27 28 JO 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun Januarv 1 201 3 E t-6:30pm Coundl Study Session 6:00pm WR Urban Renewal 7:00pm WR Planning (CANCELLED) Authority (Chambers) Commission (Chambers) S -7:00pm City Coundl Meeting 1U 11 1 13 1~ 15 6:00pm WR Cultural 9:00am Liquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) IE -1 18 1S 2C 21 2 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation (CANCELLED) Authority (Chambers) (WRRC) 7:00pm WR Parks & Roc Commission (WRRC) 2 2 2S 2E 2 28 29 -7:00pm City Council Meeting 9:00am Liquor Authority (6:30 Pre-Meeting) (Chambers) 7:00pm Board of Adjustment (Chambers) 3 31 Official Wheat Ridge City Coundl calendaJ 1 Attachment 1 February 2011 February 2011 Mardi 2011 5 M T W T F 5 5 M T W T F 5 , 1 2 3 • 5 1 2 3 • 5 7 8 , I. 11 12 , 7 8 , I. 11 12 13 14 15 16 17 18 19 13 14 15 16 17 18 19 20 21 22 23 24 25 26 20 21 22 23 24 2S 26 27 28 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun February 1 3 ~ 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) t B 9 10 11 1l 6:30pm Council Study Session 6:00pm WR Cultural 9:00am Liquor Authority Commission (WRRC) (Chambers) 13 1 15 16 1 18 19 7:00pm City Council Meeting 6:00pm WR Urban Renewal 9:00am WR Foundation (6:30 Pre-Meeting) Authority (Chambers) (WRRC) 7:00pm WR Par1<s & Rec Commission (WRRC) 20 21 22 23 2 25 26 -6:30pm Council Study Session 9:00am Uquor Authority (CANCELLED) (Chambers) 7:00pm Board of Adjustment (Chambers) 27 28 7:00pm City Coundl Meeting (6:30 Pre-Meeting) Dffidal Wheat Ridge City Coundl calendar 2 March 2011 Man:h 2011 AprlI2011 5 M T W T , 5 5 M T W T , 5 1 2 3 • 5 1 2 6 7 8 9 10 11 12 3 • 5 6 7 8 9 13 14 IS 16 17 18 19 10 11 12 13 I. IS 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 II 24 25 26 27 28 29 JO Monday Tuesday Wednesday Thursday Fridav Sat/Sun March 1 3 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) I I-6:30pm Counal Study Session 8 9 l( 11 1 6:00pm WR Cultural 9:00am Liquor Authority Commisson (WRRC) (Chambers) 1 t-7:00pm City Council Meeting 1 15 11 1 H l' 6:00pm WR Urban Renewal 9:00am WR Foundabon (6:30 Pre-Meeting) Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) 2( -21 2 23 2 25 21 6:30pm Council Study Session 9:00am liquor Authority (Chambers) 7:00pm Board of Adjustment (Chambers) 2 r-7:oopm City Counal Meeting 28 29 3( 31 (6:30 Pre-Meeting) Official Wheat Ridge aty Coundl calendar 3 April 2011 ApriI 2Qll MaylOn 5 M T W T , 5 5 M T W T , 5 1 2 1 2 3 • 5 6 7 3 • 5 6 7 8 , 8 9 10 11 12 13 I. 10 11 12 13 I' 15 16 15 I' 11 18 19 20 21 17 18 19 20 21 22 23 22 23 2. 25 26 27 28 2' 25 26 27 28 29 30 29 30 31 Monday Tuesday Wednesday Thursdav Friday Sat/Sun ADril 1 ; : S E B ! 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) 1i \-7:oopm City Council Meeting 11 1 13 l ' 15 H 6:00pm WR Cultural 9:00am Liquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) li 1 1S 2C 21 2 23 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) 24 c--7:oopm City Coundl Meeting 2 2€ 2 2! 2< 30 9:00am Liquor Authority (6:30 Pre-Meeting) (Chambers) 7:00pm Beard of Adjustment (Chambers) Offidal Wheat Ridge City Coundl calendar 4 May 2011 May 2011 June 20U 5 M T W T F 5 5 M T W T F 5 1 2 3 4 5 , 7 1 2 3 4 8 9 10 11 12 13 14 5 , 7 8 9 I. 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 Monday Tuesday Wednesday Thursday Friday Sat/Sun May I 3 E 7 -6:30pm Counal Study Session 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) S -7:00pm City Counal Meeting 9 10 II I 13 14 6:00pm WR Cultural 9:00am Liquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) IS IE I IS 19 2U 21 6:30pm CounCil Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) 2~ 23 24 25 2E 2 28 7:00pm City Counal Meeting 9:00am Liquor Authority (6:30 Pre-Meeting) (Chambers) 7:00pm Soard of Adjustment (Chambers) 2 3( 31 Offiaal Wheat Ridge City Counal calendar 5 June 2011 June 2011 July 2011 5 M T W T F 5 5 M T W T F 5 I 2 3 • I 2 5 • 7 8 , I. II 3 • 5 • 7 8 , 12 13 .. IS I' 17 18 I. II 12 13 14 IS I' 19 20 21 22 23 ,. 2S 17 18 19 20 21 22 23 2' 27 28 29 30 " 2S 2' 27 28 29 30 31 Monday Tuesday Wednesday Thursday Fridav Sat/Sun June 1 2 3 , 7:00pm WR Planning Commission (Chambers) ! E e 9 11 11 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 6:00pm WR Cultural 9:00am liquor Authority Authority (Chambers) Commission (WRRC) (Chambers) I, 13 1 15 IE 1 if 7:00pm City Coundl Meeting 9:00am WR Foundation (6:30 Pre-Meeting) (WRRC) 7:00pm WR Par1<s & Rec Commission (WRRC) 1~ 2( 21 22 23 2< 25 f--6:30pm Coundl Study Session 6:00pm WR Urban Renewal 9:00am liquor Authority Authority (Chambers) (Chambers) 7:00pm Board of Adjustment (Chambers) ii 2 28 29 3( 7:00pm City Coundl Meeting (6:30 Pre-Meeting) , Offidal Wheat Ridge aty Coundl calendar 6 July 2011 July 2011 August 2011 S M T W T F S S M T W T F S 1 2 1 2 3 4 S 6 3 4 S 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 2. 17 18 19 20 21 22 23 21 22 23 24 2S 26 27 24 2S 26 27 28 29 30 28 29 30 31 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun July 1 2 3 ~ 8 9 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 7:00pm WR Planning (CANCELLED) Authority (Chambers) Commission (Chambers) 10 11 1 13 1 15 16 -7:00pm City Coundl Meeting 6:00pm WR Cultural 9:00am Liquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) 17 18 19 20 21 2 23 6:30pm CounCil Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec CommiSSion (WRRC) 24 r-7:00pm City Coundl Meeting 25 26 27 28 29 30 9:00am Liquor Authority (6:30 Pre-Meeting) (Chambers) 7:00pm Soard of Adjustment (Chambers) 31 Official Wheat Ridge City Coundl Calendar 7 August 2011 Auoust 2011 5eptembe!" 201 1 S M T W T F S S M T W T F S 1 2 3 4 S 6 1 2 3 7 8 • 10 11 12 13 4 S 6 7 8 • 10 14 IS 16 17 18 " 20 11 12 13 14 IS 16 17 11 II 13 14 15 16 21 18 " 20 11 22 13 14 18 29 3. 31 2S 16 27 18 29 '" Monday Tuesdav Wednesday Thunsdav Friday Sat/Sun AUQust 1 3 , 5 E 6:30pm Council Study Session 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) ; I 9 10 11 1 1, I-7:00pm City Coundl Meeting 6:00pm WR Cultural 9:00am Uquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) l' 15 1 1 11 19 2( 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Chambers) (WRRC) 7:00pm WR Parks & Rec Commisson (WRRC) 2l 2 23 2 2' 2E 2i 7:00pm City Council Meeting 9:00am Uquor Authority (6:30 Pre-Meeting) (Chambers) 7:00pm Board of Adjustment (Chambers) 2E 2! 3 31 Offidal Wheat Ridge City Coundl calendar 8 September 2011 September 2011 October 2011 5 M T W T F 5 5 M T W T F 5 , 1 2 3 1 5 , , 8 • 10 2 3 , 5 , , B 11 12 13 " 15 16 17 • 10 11 12 13 " 15 18 " 20 21 22 23 24 16 17 18 19 2. 21 22 25 26 27 28 29 3. 23 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun September -7:00pm WR Planning Commission (Chambers) ~ 5 6 8 9 1C 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 9:00am liquor Authority (CANCELLED) Authority (Chambers) (Chambers) 11 f-7:00pm City Coundl Meeting 1 13 14 1S 1 1) 6:00pm WR Cultural (6:30 Pre-Meeting) Commission (WRRC) 1S f-19 20 21 22 23 24 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation 9:00am liquor Authority Authority (Chambers) (WRRC) (Chambers) 7:00pm WR Parks & Rec 7:00pm Board of Adjustment Commission (WRRC) (Chambers) 25 f-7:oopm City Coundl Meeting 2 2 28 2~ 30 (6:30 Pre-Meeting) Offidal Wheat Ridge City Counel calendar 9 October 2011 October 2011 November 2011 S M T W T F S S M T W T F S I I 2 3 4 S ,2 3 4 5 , 7 8 , 7 8 , I. II 12 I. II 12 13 14 IS 13 14 IS 16 17 18 19 " 17 18 19 2. 21 22 2. 21 22 23 24 25 23 24 25 " 27 28 29 27 28 29 3. " 3. 31 Monday Tuesday Wednesday Thursday Fridav Sat/Sun October 3 , S f 7 I 6:30pm Coundl Study 5ession 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Olambers) Commission (Chambers) ! 10 11 I 13 I-I! 7:00pm City Coundl Meeting 6:00pm WR Cultural 9:00am Liquor Authority (6:30 Pre-Meeting) Commission (WRRC) (Chambers) If I If I! 20 21 2; 6:30pm Council Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation Authority (Olambers) (WRRC) 7:00pm WR Parks & Rec Commission (WRRC) 2' 2~ 2~ 2f 2 21 2! 7:00pm City Coundl Meeting 9:00am Liquor Authority (6:30 Pre-Meeting) (Olambers) 7:00pm Board of Adjustment (Chambers) 3( 31 Offidal Wheat Ridge City Coundl calendar 10 November 2011 November 2011 December 2011 5 M T W T F 5 5 M T W T F 5 I 2 J 4 5 I 2 J 6 7 8 • I. II 12 4 5 6 7 8 • 10 13 I' IS 16 17 18 I' II 12 13 14 IS 16 17 20 21 22 23 2. 2S 26 18 I. 20 21 22 23 2. 27 28 2. 3. 2S 26 27 28 2' 30 31 Monday Tuesday Wednesday Thursdav Friday Sal/Sun November 1 2 3 , ! 6:00pm WR Urban Renewal 7:00pm WR Planning Authority (Chambers) Commission (Chambers) I 7 8 ( 10 11 1 6:30pm Council Study Session 6:00pm WR Cultural 9:00am Liquor Authority Commission (WRRC) (Chambers) 1 ~:Oopm City Council Meeting l' 1 11 1 18 1~ 6:00pm WR Urban Renewal 9:00am WR Foundation (6:30 Pre-Meeting) Authority (Chambers) (WRRC) 7:00pm WR Par1<s & Rec Commission (WRRC) 2( 21 2 23 2' 25 21 6:30pm CounCil Study Session 9:00am liquor Authority (Chambers) 7:00pm Board of Adjustment (Chambers) 2 21 21 3( 7:00pm City Council Meeting (6:30 Pre-Meeting) Offidal Wheat Ridge aty Coundl calendar 11 December 2011 Dea!m~ 2011 January 2012 S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 • 7 4 5 • 7 8 , 10 8 , I. 11 12 13 14 11 12 13 14 15 " II 15 " II 18 19 2. 21 18 19 20 21 22 23 ,. 22 23 24 2S 2. 27 28 2S 2. 27 28 29 30 31 29 30 31 Monday Tuesday Wednesday Thursday Friday Sat/Sun December 1 7:00pm WR Planning Commission (Olambers) -: ! 1 8 9 11 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 9:00am liquor Authority Authority (Olambers) (Chambers) 1: I-7:00pm City Council Meeting 12 13 1 I! 1 1; 6:00pm WR Cultural (6:30 Pre-Meeting) Commission (WRRC) 11 19 2( 21 2 23 i< 6:30pm Coundl Study Session 6:00pm WR Urban Renewal 9:00am WR Foundation 9:00am Uquor Authority Authority (Chambers) (WRRC) (Chambers) 7:00pm WR Parks & Rec 7:00pm Board of Adjustment Commission (WRRC) (Chambers) 2' -21 2 28 29 30 3i 7:00pm City Coundl Meeting (CANCELLED) Offidal Wheat Ridge aty Coundl calendar 12 ( ~ -< .f .' , ' City of p Wheat RL-dge ITEM NO: DATE: November 22,2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 63-2010 A RESOLUTION ESTABLISHING A PUBLIC ART FUND o PUBLIC HEARING o o o OORRDDIINNAANNCCEESS FFOORR 2IN STD RREEAADDIINNGG ((mmmm/ldddd//yyyyyyyy)) BIDSIMOTIONS IZJ RESOLUTIONS QUASI-JUDICIAL: '//,/I~ , '( .,~~.rl~-.-?2:---..;'_ __ ·-City Clerk ISSUE: DYES D NO Council previously enacted Article II of Chapter 18 of the Wheat Ridge Code of Laws, entitled "Public Art Management", which establishes goals, policies and guidelines for the acquisition, ownership, display or sitting, conservation and disposal of public works of art. Chapter 18 of the Code does not specify funding sources for public art and it is in the public interest to identify sources of funding for the acquisition of public art by the City. PRIOR ACTION: City Council considered this item at the November 15th Study Session. Council consensus was to bring the item forward at the next regular meeting. FINANCIAL IMPACT: As outlined in Section 1 in the attached resolution BACKGROUND: Chapter 18 of the Code does not specify funding sources for public art and it is in the public interest to identify sources of funding for the acquisition of public art by the City. V:lFonns\CAFtemplate 7 Council Action Form November 22, 2010 Page 2 RECOMMENDATIONS: Section 1. Public Art Fund Created. Revenues deposited as follows: a. One percent (1%) of the total amount received by the City of plan review, building permit fees and use tax charged in connection with all private site development (as defined in Code Section 26-123), having an anticipated construction cost of $1 00,000 or greater b. One percent (1 %) of the total amount received by the City for development review fees charged in connection with all private site development (as defined in Code Section 26-123), having an anticipated construction cost of $100,000 or greater c. Any funds with may be donated by private parties d. Such other funds as the Council may direct Section 2. Disposition of Public Art Fund The Wheat Ridge Cultural Commission, as constituted from time to time, shall recommend to the City Council the expenditure of monies in the Public Art Fund for the new acquisition, ownership, display or sitting, conservation and disposal of of public works of art. In making its recommendations, the Cultural Commission shall follow the requirements of Article II of Chapter 18 of the Code of Laws. The City Council, may, in its sole discretion, include the recommendations of the Cultural Commission in an appropriations measure or measures. RECOMMENDED MOTION: "J move to approve Resolution No. 63-2010, a resolution establishing a Public Art Fund. Or, "J move to table indefmitely Resolution No. 63-2010, a resolution establishing a Public Art Fund for the following reason(s) " REPORT PREPAREDIREVIEWED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: 1. Resolution No. 63-2010 ( TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 63 Series of 201 0 A RESOLUTION ESTABLISHING A PUBLIC ART FUND WHEREAS, the City Council of the City of Wheat Ridge has previously enacted Article II of Chapter 18 of the Wheat Ridge Code of Laws, entitled "Public Art Management"; and WHEREAS, Article II of Chapter 18 establishes goals, policies and guidelines for the acquisition, ownership, display or sitting, conservation and disposal of public works of art; and WHEREAS, for the purposes of Article II of Chapter 18 of the Code and this Resolution, "public art" means works of art acquired and held by the City; and WHEREAS, Article II of Chapter 18 of the Code does not specify funding sources for public art; and WHEREAS, the Council finds it is in the public interest to identify sources of funding for acquisition of public art by the City. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council: Section 1. Public Art Fund Created. There is hereby created a Public Art Fund, into which shall be deposited the following revenues: a. One percent (1 %) of the total amount received by the City for plan review, building permit fees and use tax charged in connection with all private site development (as defined in Code Section 26-123), having an anticipated construction cost of $100,000 or greater b. One percent (1 %) of the total amount received by the City for development review fees charged in connection with all private site development (as defined in Code Section 26-123), having an anticipated construction cost of $100,000 or greater c. Any funds which may be donated by private parties d. Such other funds as the Council may direct Section 2. Disposition of Public Art Fund. The Wheat Ridge Cultural Commission, as constituted from time to time, shall recommend to the City Council the expenditure of monies in the Public Art Fund for the new acquisition, ownership, display or sitting, conservation and disposal of public works of art. In making its recommendations, the Cultural Commission shall follow the requirements of Article II of Chapter 18 of the Code of Laws. The City Council, may, in its sole discretion, include the recommendations of the Cultural Commission in an appropriations measure or measures. Section 3. Effective Date. This Resolution shall be effective upon passage. DONE AND RESOLVED this __ day of _____ , 2010. Jerry DiTullio, Mayor ATIEST: Michael Snow, City Clerk -2-