HomeMy WebLinkAboutStudy Session 11/15/2004
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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
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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
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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
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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.
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RESOLUTION NO.
Series of 2004
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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
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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.
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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
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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.
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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
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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
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CIty 01 Wheal Ridge
SlormwalwUbhty
CapttallmprOY8ffi&'lIPIaf'I
30- Yew CIP
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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
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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
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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.
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