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HomeMy WebLinkAboutStudy Session 11/15/2004 , 1- /, \ J,11 / \ nOCv,)DYI. STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building November 15. 2004 6:30 P.M. APPROVAL OF MINUTES - October 18,2004 APPROVAL OF AGENDA tem 1. Item 2. Item 3. Item 4. DRCOG Metro Vision - Joint Study Session with the Planning Commission Staff Reports a) Community Development Block Grant (CDBG) Allocations b) Municipal Records Retention c) Metropolitan Board Appointments Storm Water Utility Discussion of Resolution Approving Interest In Acquisition of Northwest Lakewood Sanitation District Property STUDY SESSION MINUTES CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building October 18, 2004 7:00 P.M. Mayor Cerveny called the City Council Study Session to order at 7 00 P m Council members present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Mike Stites, Lena Rotola and Larry Schulz; Also present: City Clerk, Pamela Anderson, City Treasurer Mary Cavarra, City Manager, Randy Young, Director of Administrative Services, Patrick Goff APPROVAL OF MINUTES OF September 20,2004 as printed STAFF REPORTS City Clerk Pam Anderson updated Council on the progression of the Records Management Project and notified members that a resolution to adopt a Model Municipal Records Schedule should come before them sometime in November Item 1. Discussion of Council Rules of Order and Procedure ! Pam Anderson introduced the Item She described the process for appointment of the Mayor pro-tem and the Council President. Council members discussed several items regarding Council Rules including a 6 30 p m start to Study sessions, time limits on agenda items, and the frequency and format for Study Sessions Councilor Dean Gokey requested Ms Anderson draft language for the following Council Rule amendments and submit them to City Council at the October 25, 2004 meeting ,. Initiating a 6 30 p m start for Study Sessions ,. Amending First Monday District Meetings to Quarterly Monday District Meetings beginning in March, and the vacated Mondays be left open for an additional Study Session ,. Requiring that the June Quarterly District Meeting be scheduled as an Annual Town Meeting .. ,. Elimination of the forty-five (45) W,inute time limit on Study Session agenda items STUDY SESSION MINUTES October 18, 2004 -2- Consensus was reached Council Members discussed the use of the "consensus", and changing the language to "a motion to direct staff "Members also discussed and agreed to move the next Study Session to the Second Floor Conference Room, if available Item 2. Briefing for Board of Education Dinner meeting, October 21,2004 Pam Anderson briefed Council Members on the agenda items for the scheduled dinner meeting with the Jefferson County Board of Education with discussion on each item Item 3. Discussion regarding Sales Tax Auditor Position Patrick Goff, Director of Administrative Services, gave a PowerPoint presentation on the item, and answered questions from Council Members A discussion followed regarding the role of the Sales Tax Auditor and personnel reporting structure The item will be heard at the October 25, 2004 City Council Meeting Meeting adjourned at 8 37 P m APPROVED BY CITY COUNCIL ON BY A VOTE OF to Wanda Sang, Council President City of Wheat Ridae Comm' b UflIty Development Department Memorandum ---------- J TO: Mayor City CouncIl FROM: Alan White, Community Development Director SUBJECT: Metro Vislon 2030 Presentation DATE: November 5, 2004 Representatives of the Denver RegIOnal Council of Govemments will be at the November 15th Study SessIOn to present Metro Vision 2030 Metro Vision 2030 is the planlllng document for the reglOn and updates Metro Vision 2020, Their presentation will be followed by a question and answer period, Attached is a brochure explaming Metro Vision and the major elements of the plan. City of Wheat Ridge Office of City Manager Memorandum TO' City CouncIl THROUGH' Randy Young, City Manager FROM' Barbara Delgadillo, AssIstant to the CIty Managert~ DATE November 10,2004 SUBJECT 2005-2006 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The 2005-2006 Commumty Development Block Grant (CDBG) program was modified late October to transition the particlpatmg Junsdictions to the same allocatiOn process as the county The modificatIons include >- Partner cIties will be represented on the AdViSOry Board. >- Partner CItieS w1l1 be USIng the same, more formal, applicatIon process and deadlmes for project development used by the county The cities Will now be submlttmg project proposals usmg a new pro-forma to county Community Development staff on December 8 (or shortly thereafter), the date that non-profit applicatIons are due County staff will work With the cIties on Jurisdictional allocation projects but all general allocation projects will be reVIewed by the Advisory Board. ", Infrastructure projects would no longer be approved as ehgible for fundmg by Housmg and Urban Development. County staff is assummg that the level ofCDBG fundmg Will remam at $1,300,000 Breakdown of the fundmg IS' 20% AdmmlstratiOn Fee to the county: Partner CitIes JurisdlctlOnal Allocation. County J unsdictiOnal Allocation: General AllocatiOn $260,000 $306,000 $387,000 $347,000 The City is antIclpatmg an award of$185,000 mjunsdlctiOnal allocatiOns and plans on requestmg addItional general allocation funding in the amount of $100,000 In addition, staff has requested HOME fundmg on behalf of the Wheat Ridge Housing Authonty m the amount of$150,OOO. Histoncally, the CIty CouncIl has deCided to allocate a large portIon of Its JunsdictIonal allocatiOn toward the Jefferson County Housing Authonty and 15% of the Jurisdictional allocation toward non-profit agenCles. County staff has recommended that fundmg allocatiOns to the Jefferson County Housmg Authonty not be made smce they are now generatmg $600,000 year in program revenue In addition, staff has learned that the County receIves an addItIOnal award from HUD of Commumty ServIce Block Grant funds specIfically for non-profit agencies, However, the commumty servIce funds mayor may not be awarded to non-profit agenCies for assIstance to Wheat Ridge resIdents. Based on thIS mformatIOn, CIty CouncIl may want to conSIder' Y Awardmg the Junsdlctional allocatIOn solely for City projects. y ContInue to award 15% of the junsdlctIonal allocatIOn toward non-profit agenCies With the balance awarded toward city projects, The publIc heaTIng to award the city's Jurisdictional allocation IS scheduled for December 13, five days after the county's deadline. Staff Will have the applIcations ready for submittal based on an understandmg of the CIty CounCil's preference. /bd -- RESOLUTION NO. Series of 2004 b~.qp,. TITLE: A RESOLUTION ADOPTING THE COLORADO MUNICIPAL RECORDS RETENTION SCHEDULE AND SUBSEQUENT UPDATES. WHEREAS, the City of Wheat Ridge, Colorado, recognizes the need for a comprehensive records retention schedule, for the destruction of nonpermanent municipal records and the retention of municipal records of enduring and historical value, and WHEREAS, in recognizing this need, the City of Wheat Ridge and the Colorado State Archives support this project; and WHEREAS, the Colorado State Archives adopted the Model Municipal Records Retention Schedule for statewide use by Colorado municipalities in September, 2001, and WHEREAS, adoption of the Model Municipal Records Retention Schedule and its subsequent revisions and amendments will benefit the City of Wheat Ridge, its residents, and its taxpayers by providing minimum retention periods for its municipal records. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: That the Model Records Retention Schedule approved by the Colorado State Archives in September 2001, is hereby adopted by reference, along with its subsequent revisions and amendments and that the City Clerk's Office will obtain the required authorization from the Colorado State Archives to follow said schedule for the disposition and retention of the City of Wheat Ridge's municipal records DONE AND RESOLVED THIS 22nd DAY OF NOVEMBER, 2004. Gretchen Cerveny, Mayor ATTEST Pam Anderson, City Clerk City of Wheat Ridge Office of the City Clerk Memorandum STUDY SESSION Item 2 b ~ (L~~) '.J "=- TO' Mayor & City Council; Randy Young, City Manager; Patrick Goff, Deputy City Manager FROM, Pam Anderson, City Clerk DATE November 10, 2004 SUBJECT: STAFF REPORT: Municipal Retention Schedule Attached is the draft resolution for adoption of the Colorado Municipal Retention Schedule. This agenda item is tentatively scheduled for the November 28, 2004 City Council Meeting. The City Clerk's Office has initiated a comprehensive records management project. This project has established a Records Management Committee that began meeting in October to address records issues city-wide. The Committee, with members representing every department, is evaluating current records management policies and practices, adoption of the Colorado Municipal Retention Schedule, and a disaster management plan and practices. The Committee is very enthusiastic about the needs and challenges that this project presents. - The Colorado Municipal Retention Schedule is adopted by resolution by the City CounciL The schedule is a document developed by the Colorado State Archives, based on state statute, which is amended according to the City's needs. It provides for the destruction of nonpermanent records and the retention of vital and historical records. Once adopted, the City of Wheat Ridge will receive periodic updates to the schedule from the State Archives that will allow for efficient maintenance for city-wide records management. The Colorado Municipal Records Retention Schedule is a beneficial and necessary document to develop practical, efficient and effective records management policy for the City of Wheat Ridge Please call me at (303) 235-2823 if you have any questions. City of Wheat Ridge Office of the City Council Memorandum STUDY SESSION Item 2 c 4~Hf4f ~~, ~?/ TO' Mayor & City Council, Mary Cavarra, City Treasurer; Randy Young, City Manager; FROM. Pam Anderson. City Clerk DATE. November 11, 2004 SUBJECT: STAFF REPORT: Metropolitan Board/Agency Appointments Attached is a description of the annual Board! Agency appointments that will be on the agenda for the November 22,2004 City Council Meeting. If you are interested in an appointment, you may submit a memo or letter of interest to the City Clerk's Office by Wednesday, November 17, 2004 to be included in the packet. CITY OF WHEAT RIDGE METROPOLlT AN BOARD/AGENCY APPOINTMENTS Denver Rel!:ional Council on Government (DRCOG): The Denver RegIOnal Council of Governments or DRCOG (pronounced Dr COG) is a voluntary association of 50 county and mUlllcipal governments m the Greater Denver area. Through DRCOG, local governments work to address Issues of regional concern. Those Issues mclude growth and development, transportatIOn, the environment, provision of services to the regIOn's older populatIOn, and analYSIS of economic and development trends. BeSides promoting regIOnal cooperation and coordmation among local governments, DRCOG resolves problems, performs regional planlllng, and provides services to its members. Each member local government has an elected official as its representative on the Board of Directors. Votmg membership is restricted to local elected otliclals county commISSioners, mayors, city council members or trustees. DRCOG meets the 3rd Wednesday of the month at 7:00 p.m. (sub-committees and one day-long retreat) Current member. Mayor Cerveny; Larry Schulz, alternate Jefferson County-wide Transportation Committee ThiS committee addresses county transportation Issues, i.e Northwest Corridor Plan. Meets the 4th Wednesday of the month. Current member Mayor Cerveny; Larry Schulz, alternate. Jefferson County HousiUl~ Authority The miSSIon of the Jeffco Housmg Authonty "After assessing the needs, proVIde affordable housmg throughout Jefferson County to the greatest number of elIgible people m the most effiCient and cost-effectIve manner" Meets the 3rd or 41h Wednesday of the month at 11:30 a.m. Current member Lena Rotola. Community Development Block Grant Committee (CDBG) The CDBG Committee IS a federally funded grant that was created to improve the phYSIcal, economic and social condItions for low and moderate-mcome residents or low- income areas of Jefferson County The grants may be used for acqUIsitIon, diSpOSition, rehabilitatIon, new construction of property, publIc facilities improvements, urban renewal completIOn, relocatIOn, home ownership, and housing services. - 2 - Usually meets the 41h Thursday ofthe Month from 3:00-4:30 p.m. Current member Lena Rotola. *Note It IS recommended that the same mdividual serves on the Jefferson County Housmg Authonty and the CDBG Committee as they are related committees. Jefferson County Board of Corrections The Community CorrectIons umt screens and recommends placement of adult and Juvemle offenders diverted from incarceration and monitors offender progress and program compliance The unit also contracts With private community corrections service providers for residential and non-residential services Community CorrectIOns supports two volunteer boards appointed by the Jefferson County Board of Commissioners. Information on offenders referred to Commumty Corrections IS prepared and presented to the Board of Corrections. The decisions of the Board are communicated to the courts, the Department of CorrectIOns and the DiVISIOn of Youth Corrections. Current Member. Janelle Shaver Police Seizure Fund Begmnmg WIth 1990, all proceeds from seizures and forfeItures of property pursuant to C R.S 16-13-501 ("Colorado Forfeiture Act') are reqUlred to be placed m a separate fund and used solely by the Police Department for purposes other that normal operatmg needs. Meets periodically. Current member. Jerry DiTullio Jefferson Economic Council (JEC) The JEC IS a pubhc/pnvate not-for-profit partnershIp serving Jefferson County and is one of the oldest and largest economIc development organizatIOns in Colorado The JEC concentrates on creatmg, expandmg, and retainmg hlgh-paymg pnmary Jobs that fuel the economic health and vitality of our commumty A 36-member Board of Directors, consisting of21 voting members and 15 ex-officio members governs the JEC The Board, representmg a broad spectrum of industnes and city/county government, help shape and direct economIc policy m Jefferson County and the metro area. Members of the Board of Directors also serve on several volunteer committees that gUIde the operations of the JEC and study and act on business Issues in Jefferson County The appointment IS an elected offiCiaL Meets on the 3rd Friday of the month; 7:30-9:30 p.m. Current member. Mayor Cerveny Study Session Item 3. November 15, 2004 ~~- ..----~~~:. - -..- . City of Wheat Ridge Department 01 Public Works MEMORANDUM TO: FROM: DATE: SUBJECT: Randy Young, City Manager Tim Paranto, Director of Public Works November 4, 2004 Stormwater Management Program At the April 16, 2004 and June 21, 2004 City Council Study Sessions, the City's Federally imposed Stormwater Management Program was discussed, There was City Council consensus to create a stormwater utility to fund the administration of the Program, as well as storm system capital improvements The City Council endorsed a $410 monthly residential stormwater fee, which would fund approximately $500,000 in storm sewer system capital improvements each year The most recent Wheat Ridge Stormwater Master Plan was completed in 1979 Approximately 50% of the projects identified in the 1979 Plan have not been constructed and additional projects have been identified since the 1979 study was completed The estimated cost of the recommended improvements is in excess of $19,000,000 The list of projects is attached A new Stormwater Master Plan should be developed to prioritize needs throughout the City A monthly stormwater utility fee of $2.20 per residential property is required to fund the minimum program requirements The utility fee structure can be developed with, or without, funding of capital storm sewer improvements Colorado cities having stormwater utilities are currently charging monthly residential fees from $1 39 to $1297 Various residential stormwater fees and associated funding of capital improvements for the Wheat Ridge program are shown below' Monthly fee $220 $410 $602 $679 , $793 $984 CIP 0 $500,000 $1,000,000 $1,200,000 $1,500,000 $2,000,000 Staff has prepared the necessary ordinance (attached) for establishment of the Stormwater Utility The ordinance is modeled after similar ordinances in place in Arvada and Lakewood The utility can be in operation approximately six months after being established by ordinance I and staff are available to answer any questions that you may have concerning the Stormwater Management Program or the proposed Stormwater Utility I CIty 01 Wheal Ridge SlormwalwUbhty CapttallmprOY8ffi&'lIPIaf'I 30- Yew CIP I Estimated ProJected Forcast ..... DMCrlDtlon . Prolect. lcIenlllled bv !he Ma5l_ Dra"- Plan , 1179 Dollar. 2004 DoIIara n ProiaCI y_ elP Dol...... 4 Phase" W 4151 Aw 'rom FliIfltoo 51 10 Ames 51 $250 000 $490 000 16 2020 $900,000 5 Phase 5- West 38th cuI de s.ac \0 W $Sol 41 s\ fl.w and Gray 51 $220.000 $430 000 17 202~ $820 000 7 Phase 7 West 35th Ave from Arn9s 51 to Depew 5t the f)()(ttl to W 38tt"> Ave $375000 $740 000 6 2010 $9:30 000 12 Portions 01 Phase 12. W 35th Ave horn Haria"l 51 to Jay 51 th9n nort/l Ie W 38tt1 A'IQ $175,000 $340 000 20 202' $730 000 16 Phase 16- W 451t1 Ave between Reed 51 a'ld T9I\Qf 51 $210,000 $410000 16 2022 $810000 16 Phase 18- W 41st Ave between Pl9rce 51 and R99d 51 $105 000 $210000 23 2027 $500 000 22 Phase 22- G<l11SCf'l $\ betw99n W 44th A\If; & 1.70 $311 450 $610.000 11 2015 $930 000 23 Phase 23- I~e 51 betwHfl W 44tt1 Ave ,5; 1.70 $315000 $620 000 12 2016 $980 000 24 Phas9 24. W 451t\ AI/Q bQtwQiQf\ FIfl/,tj S~ end E'N9tI. St \() C\eaf C,-. $360,000 $7'0000 7 2011 $930 000 26 Phase 28. Mll~ 51 betW9QI'1 W 44th Aw irld W 47th Ave $310,000 $610000 6 2012 $830 000 29 Phase 29- W 47lt1 Ave w&sl 01 MIII8r 51. north on N9Ison SI \306 000 $600 000 9 2013 $840 000 31 F'01lons 01 Phase 31- Wesl38th Ave lrom Urnon Ct to Simms Ct then to Cleat CrQ8t( $90S,OCX) $, 780,000 30 2034 $5 560 000 32 Portions of PhaSe 32- UflIOf1 5t Ir(Vn W 32nd Dr to W 35th Ave East 01 Wevd $100 000 $200 000 26 2032 $580 ,();x) "" Phase 33- SImms PI norltt 011 70 $475 ()(X) $930 000 10 2014 $1 360 000 34 Phase ;}4- W 52no Ave west 0' 5rmms PI $325 000 $640 000 13 :2017 $1050 000 35 Phas.e 35- Ridge AQ9j lrom Taboc Ct to SImms, P1 $110000 $220 000 29 2033 S660 000 36 Phase 36- E W connectior. south ol Phase 35 $250 000 $.490,000 19 2023 $1010000 37 Phase 37 $5&J.OOO $\ 100.000 2 2006 $1 190 000 3Il PhMe 36- Parlel St North 011.70 $600 000 $1 180 000 3 2007 $1 320 000 39 Phase 39- MlIlw Sf North of I- 70 $105,000 $210000 25 2029 $540 000 '0 Phas.e ~ KJ.pIil"lg St NQftr,oI \-70 $22 000 $4<) 000 2. 2032 $~2G 000 42 Porbons 01 PhaMI 42- TWl1'9ht <Yld Circle Drrve from 31 sf Ave Ie 29th Ave $150000 $290,000 24 202' $720000 51 Portlons 01 Phas.e 51 - Syst9JT1 centered on W 44th PlaCe $250,000 ~90 000 21 2025 $1 090.000 52 PhaMI 52- Oual 5! north of W 45th Aile $150 000 $290 000 22 2026 $670000 SubloUll 56,9.41,450 $13,630,000 $25,070.000 Description. M_1aneous Project. ldantlfled by !he City 01 WhNt Ridge 1 44th & Wadsworth southwest corner $50 000 2'J 2033 $'150,378 2 41s1&I~cuidesac $10000 18 2022 $19,807 3 29ttJ AI/8 East of Wadsworth to Gray 51 $80 000 30 2034 $249,916 4 Ins St bCiltwWl 4~ &. 50th $20 000 21 2025 $44,394 5 32M & Flower $1 $10,000 17 2021 $19069 6 26th-29th AYfIS. $hQftQan Fenlon $2 430 000 27 2031 $6,n3,916 7 Dov. 5t betWeen 39th &. 44th $210000 26 2030 SS63589 . 48tt1 Aye &eSt of Wadsworth, nortt1 sld9 $250 000 Ir 2031 $696 905 9 41sl& It.rnes $20 000 2026 $46 1 12 10 371t1 & Holla1d (Budgef $25 000 lor &ngIf)88flng study) $25 000 2005 $25.968 11 CItywK)$. old Chlf\aglil &. cul\l9rts lamng IB\Jdg&\ $5O.'\:IX)fY&a/\ $500 000 2004 $500 000 12 32nd PI West of Plet"ce I $20.000 20 2024 $42740 13 36tr1 DrJ'\ll& Easl of Wnght Sf $20000 '9 2023 S4j 147 14 l&na Gulcl1lWlC1 Ckl6' Ct_ (Budgel $50 000 tYld $75 000 resp9CtlV9iy) , $1,250,000 0 2004 $1.250.000 15 S'NISS Soctety Tr81lheed Parlong $30000 25 2029 sn,5\3 16 IN 4151 -''o'Ill n-8IIheBd. west of Kipling $20.000 23 2027 $47.896 17 Confluence o! Clew Creek Md una Gulch $150000 30 2034 $46ll 592 16 Dudw,' 5t south o! 41 st $10000 16 2020 $18359 19 38tr1 Ave between Routt end Rob!! 51 $40.000 27 2031 $111.505 20 4675 BaI$8T1 SI $30 000 26 2030 S80,513 21 Pletce 51 SOlJtt1 SKNot W ..'" $590000 14 2018 $1 003,954 ...- $6.756.... S12.232,273 r_ $1',316,000 $31,302.273 I I I I I I I I 1- I I I I I I I Caner Bor~s In<;: l);14fZ0Ci4 I CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No Ordinance No. Series of 2004 TITLE. AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY; SETTING SERVICE CHARGES RELATED THERETO; AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT WHEREAS, the City of Wheat Ridge (the "City") has identified an ongoing need to fund water quality improvements in streams, creeks, and ditches within the City as sell as the need to fund improvements for maintaining and improving water quality and to mitigate and prevent flooding from stormwater runoff into City-owned storm sewers, and WHEREAS, current and pending Federal and State regulations require the City to take additional affirmative steps in such areas as public education, public improvements, detection of illicit discharge in storm water systems, construction of site runoff control, stormwater management, and pollution prevention programs to address water quality issues and flood control, which additional activities will create additional funding obligations for such mandated services, and WHEREAS, the City has undertaken a comprehensive review by staff and consultants of the need for management of and funding for a Stormwater Management Utility NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. The Wheat Ridge Code of Laws is hereby amended by adding a new Chapter 20 'Wheat Ridge Stormwater Management Utility," to read as follows' Chapter 20 Wheat Ridge Stormwater Management Utility Sec. 20-1. Short title This ordinance codified in this Chapter is known and may be cited as the 'Wheat Ridge Stormwater Management Utility Ordinance" Sec. 20-2. Purpose. (a) The City of Wheat Ridge hereby adopts this chapter to provide for and fund the construction, operation, improvement and maintenance of stormwater facilities for its GEDl53027\488852.2 own use and the use of the public within and without its boundaries, to provide for the control and improvement of stormwater quality and to provide for the calculation of rates, fees, or charges or any combination thereof, together with the collection thereof, to be paid for the services furnished by, or as a result of usage of, City stormwater facilities. (b) This chapter is deemed necessary to promote the health, safety and welfare of the general public by reducing or mitigating the property losses, general inconvenience, and damage that occur or result from stormwater runoff, by improving the quality of stormwater that enters stormwater facilities, and by reducing the incidents of traffic delays caused by street flooding, including impedance of emergency vehicles, in the City of Wheat Ridge (c) This chapter shall not serve to create liability on the part of the City or any officer or employee thereof for flood or stormwater damage, or to otherwise state or imply that property subject to the terms, provisions, or charges hereof will be free from stormwater flooding or flood damage Sec. 20.3. Definitions When not clearly otherwise indicated by the context, the following words and phrases in this chapter shall have the following meanings "City" means the City of Wheat Ridge, Colorado, "Code" means the Code of Laws of the City of Wheat Ridge, Colorado "Director" means the director of the public works department for the City of Wheat Ridge, Colorado, or his or her designee. "Developmenf' means any manmade change to real property including, but not limited to, buildings or other structures, streets, parking lots, mining, dredging, filling, grading, paving, or excavating "ERlJ' means Equivalent Residential Unit and is used to convert the impervious area on non-residential property to a residential dwelling unit value. The ERU was calculated through a statistical analysis of the impervious areas for each property within the City, and determining that the average (or mean) residential property in Wheat Ridge contains 3,400 square feet of impervious area. This value of 3,400 square feet is hereby adopted as the ERU for the purposes of this chapter. To apply the ERU, a non- residential property's impervious area is measured and the total square footage is divided by the ERU to determine how many units will be charged. As an example, nonresidential property containing 8,500 square feet of impervious area: 8500 divided by 3400 results in 2 5 ERU "Impervious surface" means surfaces or covers on or in real property where the rate of infiltration of stormwater into the earth has been reduced by the works of man GED\53027\488852.2 -2- For purposes of this chapter, buildings, manmade structures, driveways, patio areas, roofs, concrete or asphalt sidewalks, parking lots or storage areas, and other bricked, oiled, macadam or hard-surfaced areas which impede passage of storm waters into the earth's surface are deemed to be impervious "Owner" means the fee owner of real property within the boundaries of the City of Wheat Ridge as disclosed in the City's official records "Person" means a natural person, corporation, partnership, association or other entity. "Project costs" means those costs of administration, management, planning, engineering, construction, reconstruction, repair, right-of-way acquisition, replacement, contingencies, fiscal, legal, and all operation and maintenance costs of stormwater facilities and stormwater quality programs including those costs required to comply with federal, state, or City laws regulating stormwater facilities or runoff. "Runoff" means that part of snowfall, rainfall or other stormwater which is not absorbed, transpired, evaporated, or left in surface depressions, and which then flows controlled or uncontrolled into a watercourse or body of water. "Service charge" means the stormwater management utility service charge as created by this ordinance "Stormwater facilities" means anyone or more of the various devices used in the collection, treatment, or disposition of storm, flood or surface drainage waters, including all manmade structures or natural watercourses for the conveyance or transportation of runoff, such as: detention areas, berms, swales, improved watercourses, channels, bridges, gulches, streams, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch basins and street facilities; all inlets; collection, drainage or disposal lines, intercepting sewers, disposal plants; outfall sewers, all pumping, power, and other equipment and appurtenances, all extension, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such stormwater facilities. Stormwater facilities expressly excludes any of the foregoing which exist for, or are used exclusively for the purpose of collecting, treating, measuring, supplying, or distributing potable water within or as part of the City water supply and treatment system, or any of the foregoing which exist for or are used exclusively for the purpose of collecting, treating, or measuring effluent within or as part of the City sanitary sewer system. (Both of which are operated by independent agencies) Sec. 20-4. Stormwater management utility established. There is hereby established a stormwater management utility The stormwater management utility shall be created as, and deemed to be an enterprise as provided in ~37-45.1-101, C R.S , et. seq , as such may from time to time be amended, and shall operate and be managed in accordance therewith. Through said utility the City shall be entitled to construct, operate and maintain stormwater facilities and pay other project GED\53027\4BBB52.2 -3- costs with the service charge and other funds available in the stormwater management utility fund, provided the stormwater management utility fund will not have as its purpose the payment of costs not directly associated with water quality project costs or the construction, operation, or maintenance of stormwater facilities Sec. 20-5. Stormwater management utility service charge established. (a) There is hereby imposed on the owner of each and every lot or parcel of land within the City containing an impervious surface, except as specifically provided in subsection (b) of this section, a stormwater management utility service charge This service charge is deemed reasonable and necessary to pay for: (1) the project costs of the existing City stormwater facilities and stormwater quality programs; and (2) project costs of future City stormwater facilities and stormwater quality programs The proceeds of said charge, upon collection, are made as payment for the use of the City's stormwater facilities by owners of real property upon which the service charge is imposed (b) All public and private highways, roadways, streets and alleys and associated sidewalks and bike paths shall be part of the stormwater facilities and, therefore, shall be exempt from all charges imposed by this section The exemption provided herein shall not apply to public or private parking lots, driveways, service drives, drive aisles or internal site roadways, beltways, access drives or lanes, and sidewalks, (c) The charge provided herein shall be based upon the extent to which the City's stormwater facilities are used by persons within the City Use of stormwater facilities shall be based upon a calculation of runoff from the impervious surfaces of parcels of land located within the City, (d) The City shall bill for the service charge provided in this chapter The bill shall be made to the owner of record of the property as set forth in the records of the City, or to such other person as the owner may designate in writing to accept the bill and the recipient of the bill shall pay the bill upon receipt thereof Nothing in this subsection shall serve to relieve the owner of responsibility for ensuring that payment of the service charge is made if the bill is sent to some other person designated by the owner as recipient. (e) The service charge shall be $ per ERU, per [month][year]. The service charge described in this subsection is imposed on each and every improved lot and parcel of land within the City upon which an impervious surface exists The amount of the service charge shall be in accordance with the schedule established by City Council Resolution The service charge shall be billed by the City and shall be paid upon receipt thereof (f) The director shall determine or cause the determination to be made, of the estimated number of square feet of impervious surface in or on the real property of each owner within the City, using the definition of impervious surface set forth in this chapter The director may make such measurement based upon any reasonable means, GED\53027\488852.2 -4- including, but not by way of limitation, aerial survey and statistical analysis of real property and impervious surfaces located thereon, The impervious area for each single family detached property and for each duplex property or town home shall bet 3,40QO-.: square fee unless modified by the director pursuant to section 20.7. This square foot value shall be referred to as an Equivalent Residential Unit (ERU) Every residential, condominium and town home property is equal to one ERU and shall be assessed a service charge accordingly. Commercial, multi-family, or other non-residential properties shall be assessed a service charge based on the square-foot size of their respective impervious area divided by the ERU square footage of 3,400 square feet. The director may update the city-wide measurement of impervious surface area at such times as he or she deems reasonable and necessary to do so, but in any event, not less than once each ten years, with any change to be effective in the next calendar year If, for any reason, a recalculation of the service charge does not occur, then the most recent rate charged shall continue until the recalculation is made. No failure to make a recalculation of the service charge shall repeal, amend, or suspend operation of this chapter. (g) Each development occurring within the City after adoption of this chapter that results in an increase or decrease in impervious surface area shall be subject to the provisions of this chapter. The director shall be entitled to measure an increase or decrease to any impervious surface area resulting from a development, and add the resulting increase to or deduct the resulting decrease from, the service charge to the City utility bill for the property wherein the development occurred, The director shall establish such administrative rules in accordance with section 20-9 of this chapter for determining when an increase or decrease to impervious surface areas has occurred as may be reasonable and necessary to give effect to this subsection. (h) The service charge provided in this article shall be subject to additional fees for delinquent payment, uncollectable checks, liens and any other penalties which are the same as those imposed with City water or sewer utility charges as provided in this chapter. Sec. 20-6. Use of service charge. (a) All fees and charges paid and collected pursuant to this chapter shall be credited and deposited into a special enterprise fund, designated as the "Stormwater Management Utility Fund", and shall not be transferred to any other account of the City, except to pay for project costs, including payments for obligation permitted under this section (b) The City may pledge all or any portion of the service charge, or any other fees and charges collected pursuant to this chapter, including those anticipated to be collected, to the payment of principal, interest, premium, if any, and reserves for general obligation bonds, revenue bonds or any other obligation lawfully issued or otherwise contracted for by the City for the payment or other financing of project costs, or for the purpose of refunding any obligations issued or otherwise contracted for such purpose GED\53027\4BBB522 -5- (c) Budgeting and accounting for the stormwater management utility fund shall conform with requirements and practices of the City with respect to such matters as may be applicable under this Code, or the laws of the State of Colorado (d) Any obligations issued or contracted for by the City pursuant to this chapter, or any other applicable provision of law, may be issued without the necessity of an election, unless such obligation shall be a general obligation of the City; in which event such obligation shall be issued only upon compliance with the terms and provisions of the Code of Laws, as may be applicable All obligations shall be issuable in such form, shall mature at such time or times and in such amounts, shall be payable at such place, either within or without the State of Colorado, shall be subject to such terms of redemption and shall be secured in such manner as the City Council shall determine, Such obligat!pns may be sold at public or private sale under such terms and conditions as the CitY.cbuncil of the City shall determine, All other terms, provisions and other matters relating to such obligations shall be such as are approved by the City Council. Sec. 20-7. Administrative and judicial review. (a) Any owner who disputes the amount of the service charge, or who disputes ownership of the subject property may petition the director for an administrative hearing on a revision, adjustment or modification of such charge or determination of ownership no later than thirty (30) days after having been first billed for such charge, The director may hold such hearing him or herself, or designate another as a hearing officer with authority to hold such hearing or hearings The filing of a petition shall not stay any owner's obligation to make payment of the charge during pendency of the hearing. (b) Any petition filed pursuant to this chapter shall be in writing, and the facts and figures submitted shall be likewise submitted in writing as sworn statements, in form generally acceptable in similar proceedings, Any hearing shall take place within the City of Wheat Ridge at a date and time set by the director, but not earlier than fourteen (14) days nor later than sixty (60) days from the date of receipt of the petition by the director, unless a different time and date is agreed to by the petitioner and the director (c) The director shall make a final determination and may confirm or modify the charge, or make a finding with respect to ownership of the subject property in accordance with facts submitted, The director's decision shall be in writing and shall be mailed to or served upon petitioner within ten (10) business days of the conclusion of the hearing The director may issue an order providing for refund of any portion of the service charge previously paid by an owner which charge is subsequently found to be in excess of any modified charge following conclusion of an owner's appeal Service by certified mail, return receipt requested, shall be conclusive evidence of notice for the purpose of this chapter. Such action shall be considered a final order of the director, and any review thereof shall be by the district court pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure Sec. 20-8. Violation and Penalties GED\530271488852.2 -6- (a) In the event any owner or owners of any lot, parcel of land, or any real property within the legal boundaries of the City shall neglect, fail, or refuse to pay the charges or fees fixed by this chapter, the City may pursue any remedy available at law or equity to enforce and collect the service charge. The City may also recover, in addition to service charges due, all court costs, attorneys' fees and interest on the amount owing. (b) In addition to other civil collection procedures, all fees and charges, together with all interest and penalties for default in payment, and all costs in collecting the same, until paid, shall constitute a perpetual lien on the property, on a parity with the tax lien of general, state, county, City, town or school taxes, and no sale of such property to enforce any general, state, county, City, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties and costs, The City may certify such unpaid fees, charges, interest, penalties and costs to the county treasurer for collection in the same manner as taxes. c) Delinquent charges and fees may be collected as any other debt owed to the City at the option of the City (d) Enforcement of this section shall be in a court of competent jurisdiction in the District Courts of Jefferson County, No remedy provided herein shall be exclusive, but the same shall be cumulative. Sec. 20-9. Rule making. The director shall be authorized to evaluate and analyze those situations, facts or circumstance which occur with respect to application of this chapter to individual owners or property that are unusual or not addressed by the procedures and criteria of this ordinance. Decisions and determinations with respect to procedures necessary to give effect to this ordinance that are of general applicability to the public, and not otherwise addressed under this ordinance, shall be subject to administrative rules promulgated by the director Sec. 20-10. Severability. In the event that any section, subsection subdivision, paragraph, sentence, clause, or phrase of this chapter, or the application thereof, if for any reason is held or decided to be unconstitutional or unlawful, such decision shall not affect the validity of the remaining portions or application of this chapter or Code Section 2. 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 object sought to be attained. GED\530271488852.2 -7- Section 3. Severability: Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed Section 4. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5,11 of the Charter Notwithstanding the effective date of this ordinance, the charges and fees provided for herein shall be due and collectable from and after the first day of January, 2005 INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 2004, 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 , 2004, 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 , 2004 SIGNED by the Mayor on this day of ,2004, Gretchen Cerveny, Mayor ATTEST' Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication Second Publication GED\53027\488852.2 -8- Study Session Item 4 November 15, 2004 City of Wheat Ridge Office of the Parks and Recreation Director Memorandum TO' Randy Young, City Manager FROM. Joyce Manwanng, Parks and Recreation Dlrec~ November 5,2004 V DATE SUBJECT, Northwest Lakewood SanItation Property The followlllg mformatlOn has been compIled for the November 15th City CouncIl Study SesslOn dIscussion regardlllg the Northwest Lakewood SanitatIon Property Property: Address: Owner: SIze: Estimated Purchase Pnce: 4101 Miller St. Northwest Lakewood SanitatIOn DIstrict 6 64 acres $575,583 based on the purchase price of 5.39 adjacent acres m 2002 · Property is located adjacent to the Wheat RIdge Greenbelt on the north, east and west sides. · A lIcense agreement IS currently in place, wIth a 30-day revocable clause, that allows the City to use the NW Lakewood SanitatIon Dlstnct property as a traIlhead for parkmg and a trail lmk from 41 sl Avenue. · The NW Lakewood Sanitation Distnct plant ceased operations October 1, 2004 · The DIstrict IS mterested m sellmg the property, Acquisition Need: · ThIS property would be a great addItion to the Wheat RIdge Greenbelt. It provIdes a buffer to the south side of Clear Creek and would maintam the Clear Creek trail connectIOn currently m use, ThIS traIl connectIOn begins at the west end of 41st Avenue. AddItional reasons for acquiring and provldmg open space mclude mamtainmg a VIsual buffer, protectmg an environmentally sensitive area, as well as proVIding habItat. This property meets all ofthese criteria, · Without acqUlsltlOn the trail connection w1l1 need to be rerouted through the designated conservatIOn zone, an envIronmentally senSItive area, Maintenance Costs: · AddItIOnal mallltenance costs for the CIty of Wheat RIdge IfthlS property IS acqUlred are minimal. The PublIc Works Department currently mamtains the traIlhead and gravel road that serves as the trail. The mallltenaI1Ce cost IS $2,300 per year and includes road and parking lot gradmg, magnesium chlonde treatments on the road and additIonal road base as needed. · The Parks and RecreatIOn Department will have no addItIonal mallltenance costs as the trailhead IS currently mamtallled by the department. Mamtenance items include trash removal, fence mamtenance and any vandalism or dumpmg removal. Improvement Costs: · There are areas of the property that w1l1 reqUlre revegetation. The Immediate cost to revegetate these areas would be approXImately $15,000 . Fencmg would also be an ImmedIate reqUIrement to prohibIt vehIcular traffic on the property, FenclDg IS estlmated at $5,000 . Future site planmng for the property would mclude trail constructIOn (concrete) and parkmg lot Improvements. These items would be an appropriated project as funds become available, estlmated at approximately $200,000 . Prelimmary mfonnatlOn from the DIstrict mdlCates that the Distnct wIll be removmg the buildmgs and completmg any remediation required to close the operatlon of the plant Options for rerouting trail: (w/o purchase) Option #1 - Ifthe property lS purchased and developed as reSidential, the trail could remam on the street. The CIty could then request a land donatIOn as part of the development and negotIate a connectlOn to the eXlstmg trail in the Greenbelt. Pros, . It would be probable that the City could maintam some type of trail connectlOn. · There may be Improvement costs for the site lD the fonn of a trail connectlon through the development. With no knowledge of a development plan the cost IS difficult to estimate. . Maintams the trail on already developed land With lIttle Impact to open space and the designated conservatIOn area. Cons: · The trail should not be located on the street due to safety Issues for trail users. · There IS a nUlsance factor for residents when theIr street IS a deSIgnated traIl. · There IS no guarantee that the property would be developed as residentIal With a publIc street · There would not be an addltlonal buffer, protectIOn and proVISIOn of open space. Option #2 - The trail can be rerouted through the open space currently owned by the City. Attached IS a map illustratmg a conceptual new trall route. ThIS trail would start directly north ofthe eXIsting Miller Street and 41 st A venue travel to the east, route north and cross the creek. Pros: · An off street trail connectlon would be maintalDed · The cost IS less than purchasmg the estimated purchase of the property · The trailhead parkmg lot could be relocated to 43rd and Moore St. on the north side of the Clear Creek on already owned open space property Cons . There IS no buffer zone to the current open space/Greenbelt. The new trall constructIOn would mtrude on current open space deSIgnated as a conservatIOn zone, as opposed to keeping the eXIsting traIl route on developed property TraIl would route onto a narrow street (Miller) directly m front of dnveways of reSidences. . . Additional annual costs for mamtenance: $0 Current annual costs for maintenance: $2,300 PublIc Works, $200 Parks and RecreatIon Property Improvements Costs: . With acqulSltIon - $15,000 Immediate and $200,000 long tenn EstImated costs for rerouted trail as mapped WIth new trail head: $275,000 All Improvement costs are the responsibilIty of the CIty Jomt venture grants for matchmg funds are avaIlable through Jefferson County Open Space. Based on the Jefferson County Open Space policies for acqUIsItion of open space under the current bond Issuance, the CIty of Wheat RIdge has "banked" from 1998 open space purchases, any cash match reqUlred to purchase property under thiS Issuance. Therefore the entire cost of the acqUiSltlon, If approved would be paId for by Jefferson County Open Space bond program" The policy also states that propertIes must compete on a county wide basIs for approval. There IS no allotment per cIty for open space expenditures from the bond Issuance. The process for movmg forward on the acqUIsItIOn of thIS property if approved by CIty Council for InvestigatIOn reqUIres the followmg: · ResolutIOn passed by CIty Councll confirming mterest m completmg due dlhgence. · PresentatIOn to the Jefferson County Open Space committee for approval. · Due dlhgence and negotiatIOn conducted by Jefferson County Open Space staff. · ResolutIOn passed by City Councll approvIng purchase pnce. v\', r Stltl--y (;1;~ /' p{jVV~ 'j U () J '(JA~\II, D , r~ Lj)1 . ~~0- \'-<.)1Z L I 7~ l)G\(ku l,'. J\ ~ ~\l\,,-,*,,? ) ", 1"'i,{,.LJ. "'1 ()tl~ ~~). ~)t~) ~. tu l+c~u 1- ~ 1-i<:'I/", 0 ct.vKL,d ~ d '-- ?~Jc- (J--({'V,-, I . 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