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STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
MUNICIPAL BUILDING
7500 W. 29th Ave.
December 19.2005
6:30 p.m.
APPROVAL OF MINUTES OF OCTOBER 17. 2005
APPROVAL OF AGENDA
Item 1.
Staff Reports
a. Wheat Ridge 2020 Funding Update
Item 2.
Stormwater Enforcement Ordinance
Item 3
Wadsworth Boulevard Property Acquisitions
Item 4
Ordinance Concerning Taxation and Business Licensing
Item 5.
City Council Rules of Order and Procedure
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CITY OF WHEAT RIDGE, COLORADO
Municipal Building
7500 W. 29th Avenue
October 17.2005
Mayor Gretchen Cerveny called the meeting to order at 6 30 p m City Council members
present: Karen Berry, Jerry DiTullio, Wanda Sang, Dean Gokey, Karen Adams, Mike
Stites, Larry Schulz, Lena Rotola, Also present: Randy Young, City Manager;, City
Clerk Pam Anderson, Mary Cavarra, City Treasurer; Alan White, Director of Community
Development; Dan Brennan, Chief of Police, Tim Paranto, Director of Public Works
APPROVAL OF MINUTES OF September 19,2005 as printed.
APPROVAL OF AGENDA
as printed.
Item 1.
Staff Reports
City Manager Randy Young summarized the memorandum from Chief Brennan
regarding the Police Department Strategic Plan, Goal 5 The topic will be coming
forward to a future City Council Study Session
City Clerk Pam Anderson gaye an update on the Board and Commission Reception on
October 20, 2005
Tim Paranto, Director of Public Works, presented a staff report on policy direction on
opportunities of right-of-way acquisition Direction was giyen to proceed with inquiries
on available properties
Item 2.
X-Zone Changes
Jeff Winston, of Winston & Associates, and Alan White, Director of Community
Development, updated City Council on a proposed interim approach to development
project review The update included a review of the current PUD process and options
and recommendations for a more flexible interim review process Discussion followed
regarding uses, streetscape character, various conditions of zoning, public input
process and scoping
Recess called at 7 49 P m Meeting reconvened at 7 59 P m Mr Paranto and Mr White
did not return to the meeting
STUDY SESSION MINUTES: October 17,2005
2
Item 3.
Extension of Parfet Street North of Ridge Road
City Manager Randy Young reported on the inquiry from the City of Arvada for the
proposed Skyline Ridge development and acquisition of right-of-way from the property
owners at 11001 Ridge Road for future construction of Parfet Street. Discussion
followed and direction was given to inform the City of Arvada to pursue friendly
acquisition and negotiate a settlement.
Item 4.
Designated Emergency Response Authority (DERA)
Mr Young introduced the item Police Chief Dan Brennan presented the staff report and
options regarding the designation via ordinance. The staff recommendation is that the
Wheat Ridge Police Department should be the Designated Emergency Response
Authority (DERA) Discussion followed and direction was given to follow the staff
recommendation
Item 5.
Animal Control Updates
Chief Dan Brennan updated City Council regarding policy recommendations on a breed
specific vicious animal ordinance and cat leash laws The Animal Control commission
recommended that it was not in the City's best interests to pursue a breed specific
ordinance Councilor Berry updated the Council on the citizen interest in a cat leash law,
and stated that the issue had been resolved to the citizen's satisfaction No further
action was needed at this time
Meeting adjourned at 8 52 p m.
APPROVED BY CITY COUNCIL ON
BY A VOTE OF
to
Lena Rotola, Council President
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ITEM 2.
December 19, 2005
Study Session
City of Wheat Ridge
Department 01 Public Wurks
MEMORANDUM
DATE:
Randy Young, City Manager
Tim Paranto, Director of Public Works
December 9, 2005
TO:
FROM:
SUBJECT:
Stormwater Enforcement Ordinance
The City's State of Colorado Stormwater Discharge Permit requires compliance with the
schedule of activities outlined in the approved Wheat Ridge Stormwater Management
Program The City must have an ordinance in place by March 2006, which provides for
enforcement of the requirements found in the Program
Staff has used the Federal Model Ordinance and ordinances in place in neighboring cities to
develop the attached draft ordinance The draft ordinance should satisfy all of the regulations
found in the Stormwater Discharge Permit. The ordinance addresses the following
. Prohibits illicit discharges into the City storm sewer system, local rivers and streams
Prohibited materials include liquid substances, trash, leaves and branches, silt, etc
. Prohibits pipeline connections to the City storm sewer from any source of pollution
Roof drains, footing drains, etc. are allowed to connect to the storm sewer system
. Requires clean-up of possible contamination of the storm sewers and streams, such
as oil leaking from vehicles, pet waste, trash in parking lots, etc
. Requires permits for certain grading operations to insure that erosion control
measures are in place
. Requires property owners to maintain private detention ponds and permanent erosion
control facilities
. Allows the City to make emergency repairs and take emergency measures when
pollution of storm water is occurring or is imminent. The cost of City actions would be
charged to the property owner responsible for the violation
The ordinance has been reviewed and amended by the City Attorney Staff is available to
answer any questions concerning the provisions of the ordinance or impact on Wheat Ridge
residents.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No.
Ordinance No
Series of 2005
TITLE. AN ORDINANCE ENACTING CHAPTER 20 OF THE WHEAT RIDGE
CODE OF LAWS, ENTITLED STORMWATER QUALITY AND
CONTROL, AND IN CONNECTION THEREWITH, AMENDING CODE
SECTION 26-623
WHEREAS, the City of Wheat Ridge is a Colorado municipal home rule
corporation vested with powers under the Colorado constitution and statutes, and
WHEREAS, as of March 10, 2003, the City is required to have a State of
Colorado General Permit for Stormwater Discharges associated with Municipal
Separate Storm Sewer Systems, and
WHEREAS, on March 5, 2003, the City of Wheat Ridge applied for a State of
Colorado General Permit for Stormwater Discharges Associated with Municipal
Separate Storm Sewer Systems, and successfully obtained Permit Number COR
090015, and
WHEREAS, as a condition of this permit the City is required to adopt an
ordinance addressing illicit discharge detection and elimination, construction site
stormwater runoff control and post-construction stormwater management; and
WHEREAS, it is deemed to be in the best interest of the public health and
welfare of the residents of the City for the City to be in compliance with the State of
Colorado General Permit for Stormwater Discharges Associated with Municipal
Separate Storm Sewer Systems, and
WHEREAS, in order to accomplish this end, the City Council has caused to be
prepared a new Chapter 20 of the Wheat Ridge Code of Laws, entitled "Stormwater
Quality and Control"
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO
Section 1. A new Chapter 20 of the Wheat Ridge Code of Laws, entitled
Stormwater Quality and Control, is hereby enacted, to read as follows
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CHAPTER 20 STORMWATER QUALITY AND CONTROL
Article I
In General
Sec. 20-1 Purpose and objectives
Sec. 20-2 Definitions
Sec. 20-3 Applicability
Sec. 20-4 Responsibility for administration
Sec. 20-5 - 20 10 Reserved
Article II
Illicit Discharges
Sec. 20-11 Illicit discharges prohibited
Sec 20-12 Illicit discharges exempted
Sec. 20-13 Illicit connections prohibited
Sec 20-14 Requirements applicable to potential discharges
Sec 20-15 Best management practices
Sec. 20-16 Access and inspections of properties and facilities
Sec. 20-17 Notification of spills
Sec. 20-18 - 20-30 Reserved
Article III
Permits
Sec. 20-31 Applicability
Sec. 20-32 Technical standards and specifications
Sec 20-33 Construction stormwater management plan
Sec. 20-34 Post-construction requirement of permanent BMPs
Sec. 20-35 Guarantee and Financial security
Sec. 20-36 - 20-40 Reserved
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Article IV
Enforcement
Sec 20-41 Enforcement
Sec. 20-42 Abatement
Sec. 20-43 Stop Work Order
Sec. 20-44 Penalties
Sec. 20-1 Purpose and objectives
The purpose of this Chapter is to regulate non-stormwater discharges to the
storm drainage system, as required by federal and state law and to protect and enhance
the water quality of watercourses, water bodies and wetlands in a manner consistent
with the Federal Clean Water Act. The objectives of this Chapter are
(1) To regulate the introduction of pollutants to the municipal separate
storm sewer system (MS4),
(2) To prohibit illicit connections and discharges to the MS4,
(3) To proYide for inspection and monitoring procedures necessary to
ensure compliance with this Chapter;
(4) To reduce pollutants in stormwater discharges from construction
activity by guiding, regulating, and controlling the design, construction, use, and
maintenance of any deyelopment or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land,
(5) To require permanent stormwater runoff controls to be constructed
along with development to prevent the deterioration of water quality; and
(6) To promote public awareness of the hazards involved in the
improper discharge of Pollutants into the storm drainage system
Sec. 20-2 Definitions
For the purposes of this Chapter, the following words and phrases shall have
the meaning set forth in this section
Best management practices, aka BMPs Schedules of activities, prohibitions of
practices, general good housekeeping, pollution prevention and educational practices,
maintenance procedures, and other management practices to prevent or reduce the
discharge of Pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems BMPs also include permanent or non-permanent
treatment practices, structures, ponds or basins, landscaping, operating procedures,
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and other practices to control site runoff, spillage or leaks, sludge or water disposal, or
drainage from raw materials storage
CDPHE The Colorado Department of Public Health and Environment.
Clean Water Act The federal Water Pollution Control Act (33 US C S 1251 et
seq ), and any subsequent amendments thereto
Director The City of Wheat Ridge Public Works Director or designee
Disturbed Area That area of the land's surface disturbed by any work or activity
upon the property by means including but not limited to grading, excavating, stockpiling
soil, fill, or other materials; clearing, vegetation removal; removal or deposit of any rock,
soil, or other materials; or other activities which expose soil. Disturbed area does not
include the tillage of land that is zoned for agricultural use
Facility Any building, including a private home, structure, installation, process or
activity from which there is or may be a discharge of a Pollutant.
Finally Stabilized All disturbed areas that have been either built on, paved, or a
uniform vegetative cover has been established with a density of at least 70 percent of
pre-disturbance levels or equivalent permanent, physical erosion reduction methods
have been employed Re-seeding alone does not qualify
Hazardous Materials Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or to the environment
when improperly treated, stored, transported, disposed of, or otherwise manage
Illicit Connections Any drain or conyeyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drainage system,
including, but not limited to any conveyances which allow any non-storm water
discharge including sewage, process wastewater, and wash water to enter the storm
drainage system, and any connections to the storm drainage system from indoor drains,
sump pumps, floor drains or sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved
Illicit Discharge Any direct or indirect release of pollutants to the storm drainage
system, except as exempted in this Chapter
Industrial Activity Activities subject to NPDES Industrial Permits, as defined in 40
CFR, Section 122.26(b)(14), or successor regulations thereto
Mobile Washing Operation A commercial activity involving power washing, steam
cleaning, and any other method of mobile cosmetic cleaning of, by way of example, the
following vehicles, fabric, pets and/or exterior surfaces.
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Municipal Separate Storm Sewer System (MS4) Publicly-owned facilities by
which storm water is collected and conveyed, including, but not limited to any roads with
drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm
drains, pumping facilities, retention and detention basins, and natural and human-made
or altered drainage ditches/channels/lakes/reservoirs, and other drainage structures
National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge
Permit of NPDES Permit A permit issued pursuant to Section 402 of the Clean Water
Act, including permits issued by the State of Colorado in compliance with the Act.
Non-Stormwater Discharge Any discharge to the storm drain system that is not
composed entirely of stormwater
Operator The individual who has day-to-day supervision and control of activities
occurring at the construction site, includes the owner, the developer, the general
contractor or the agent of one of these parties.
OwnerThe person who owns a facility, development, part of a facility, or land
Pollutant Any sewage, sewage biosolids, garbage, chemical waste, biological
material, solid waste, incinerator residue, ash, munitions, radioactive material, heat,
rock, sand, cellar dirt and industrial and agricultural wastes discharged in the water
Pollution The presence in waters of the state of any substances, contaminants,
or man made or man-induced impairment of waters or alteration of the chemical,
physical, biological, or radiological integrity of water in quantities or at levels which are
or may be potentially harmful or injurious to human health or welfare, animal or plant
life, or property or which unreasonably interfere with the enjoyment of life or property,
including outdoor recreation unless authorized by applicable law
Premises Any building, lot, parcel of land, or portion of land whether improved or
unimproved, and including adjacent sidewalks and parking strips
Storm Drainage System Also defined as Municipal Separate Storm Sewer
System (MS4)
Receiving Water Any water of the State of Colorado that receiyes a stormwater
discharge from MS4, including all watercourses, even if they are usually dry, and
irrigation ditches that receive municipal stormwater It also includes storm sewer
systems owned by other entities
Spill any intentional or unintentional release of solid or liquid material which may
cause pollution of the MS4 or waters of the State
Stormwater Any surface flow, runoff, and drainage consisting entirely of water
from any form or natural precipitation, and resulting from such precipitation
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Stormwater Management Plan (SWMP) A plan describing the BMP and activities
to be implemented to identify sources of pollution or contamination at a site and the
actions to eliminate or reduce pollutant discharges to stormwater, MS4, and/or receiving
waters to the maximum extent practicable
Threatened Discharge A condition creating a substantial probability of harm,
which make it reasonably necessary to take immediate action to prevent, reduce or
mitigate damages to persons, property or natural resources.
Wastewater Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility
Watercourse A channel, natural depression, slough, artificial channel, gulch,
arroyo, stream, creek, pond, reservoir or lake, including major drainageways, in which
runoff and floodwater flows, either regularly or infrequently.
Waters of the State of Colorado (Waters of the State) Any and all surface and
subsurface waters that are contained in or flow in or through the State of Colorado The
definition includes all watercourses, even if they are usually dry
Sec. 20-3 Applicability
This Chapter shall apply to all water and other discharges entering the storm
drainage system generated on any developed and undeveloped real property with in the
City unless explicitly exempted by a provision hereof
Sec. 20-4 Responsibility for administration
The Director shall administer, implement, and enforce the provision of this
Chapter
Article II
Illicit Discharges
Sec. 20-11 Illicit discharges prohibited
No person shall discharge or cause to be discharged into the MS4 or
watercourses any illicit discharge, including, but not limited to, the following
(1)
and other
materials,
Chemicals, petroleum products, paint, varnishes, solvents, oil and grease
automotive fluids, pesticides, herbicides, and fertilizers, or other toxic
(2) Non-hazardous liquid and solid wastes,
(3) Hazardous materials, sewage, fecal coliform and pathogens, dissolved
and particulate metals,
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(4) Trash, refuse, rubbish, garbage, food wastes, pet wastes, litter, other
discarded or abandoned objects, f10atables and cleaning products,
(5) Landscaping materials, sediment, lawn clippings, leaves, branches or
other landscaping and yard debris,
(6) Construction activities wastes and residues including but not limited to,
painting, paving, concrete placement, saw cutting, material storage and earthwork,
(7) Wastes and residues that result from mobile washing operations,
discharges from toilets, sinks; industrial processes, cooling systems, boilers, fabric
cleaning, equipment cleaning, commercial vehicle cleaning and substances added to
the storm drain to control root growth,
(8) Any other material that is considered harmful to humans, animals, or
aquatic life and its habitat.
Sec. 20-12 Illicit discharges exempted
The following discharges when properly managed, are exempt from the
discharge prohibitions established by this Chapter'
(1) Water line flushing or other potable water sources, landscape irrigation or
lawn watering, irrigation return flows, diverted stream flows, rising ground water,
uncontaminated ground water infiltration to storm drains, uncontaminated pumped
ground water, roof drains, foundation or footing drains, crawl space pumps, air
conditioning condensation, springs, individual residential car washing, natural riparian
habitat or wet-land flows, swimming pools (if dechlorinated - less than 0 05 PPM
chlorine), fire fighting activities, street wash water and any other water source not
containing pollutants
(2) Discharges approved by the authorized enforcement agency necessary to
protect public health and safety, such as flows from firefighting and street sweeping
(3) Dye testing, provided the person undertaking such testing provides verbal
notification to the authorized enforcement agency 24 hours prior to the time of the test.
(4) Runoff of roadway and sidewalk anti-icing and deicing agents, provided
that they are applied according to Best Management Practices,
(5) Any non-storm water discharge permitted under an NPDES permit, waiver
or waste discharge order issued and administered under the authority of the Federal
Environmental Protection Agency (EPA), proYided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted by the City
for any discharge to the storm drain system
(6)
Discharges as a result of activities of the City, if approved by the Director
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Sec. 20-13 Illicit connections prohibited
The construction, use, maintenance or contained existence of illicit connections
to the MS4 is prohibited This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection
Sec. 20-14 Requirements applicable to potential discharges
(1) Watercourse protection Every person owning or leasing real property
through which a watercourse passes shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation, and other
obstacles that would pollute, contaminate, or significantly retard the flow of water
through the watercourse The owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will not become a
hazard to the use, function, or physical integrity of the watercourse
(2) Minimization of irrigation runoff A discharge of irrigation water that is of
sufficient quantity to cause a concentrated flow in the storm drainage system is
prohibited Irrigation systems shall be managed to reduce the discharge of water from a
site
(3) Cleaning of payed surfaces required The owner of any paved parking lot,
street or drive shall clean the pavement as required to prevent the buildup and
discharge of pollutants. The visible buildup of mechanical fluid, waste materials,
sediment or debris is a violation of this section Paved surfaces shall be cleaned by dry
sweeping, wet vacuum sweeping, collection and treatment of wash water or other
methods in compliance with this ordinance
(4) Mobile cleaning operations
discharge to the storm drainage system
(5) Maintenance of equipment. Any leak or spill related to equipment
maintenance in an outdoor, uncovered area shall be contained to prevent the potential
release of pollutants
Mobile cleaning operations shall not
(6)
fluids.
Vehicles, machinery and equipment must be maintained to reduce leaking
(7) Materials storage In addition to other requirements of this ordinance,
materials shall be stored to prevent the potential release of pollutants.
(8) Pet waste. Pet waste shall be disposed of as solid waste or sanitary
sewage in a timely manner, to prevent the discharge to the storm drainage system
(9) Pesticides, herbicides and fertilizers Pesticides, herbicides and fertilizers
shall be applied in accordance with manufacturer recommendations and applicable
laws Excessiye application shall be avoided
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Sec. 20-15 Best management practices
The owner or operator of a commercial or industrial establishment or a disturbed
area shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 or watercourse through
the use of structural and non-structural BMPs. Further, any person responsible for
premises, which are, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the MS4.
Sec. 20-16 Notification of spills
Notwithstanding any other requirement of law, as soon as any person
responsible for any premises, facility or operation, or responsible for emergency
response for a facility or operation, has information of any known or suspected release
of materials which are resulting or may result in illegal discharges or pollutants
discharging into stormwater, the storm drainage system, the MS4, or waters of the
state, that person shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release. In the event of a release of hazardous materials said
person shall immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of non-hazardous materials,
said person shall notify the Director in person or by telephone no later than 24 hours
after the release Notifications in person or by telephone shall be confirmed by written
notice addressed and mailed to the Director within 5 calendar days of the phone notice.
If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence Such
records shall be retained for at least 3 years.
Article III
Permits
Sec. 20-31 Applicability
(1) Permit required It shall be unlawful for any person to conduct any activity
resulting in any of the following total disturbed areas without first obtaining a grading
permit; pursuant to this section and Section 26-623 of this Code The requirements of
this section shall be in addition to those contained within Section 26-623 In the event
of conflict between this Chapter and Section 26-623, the more restrictive requirement
shall apply A grading permit shall be required for disturbed areas of'
One acre or more.
(a)
(b)
Less than one acre if such activities are part of a larger common plan
of development, even though multiple, separate and distinct land
development activities may take place at different times on different
schedules
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The City may also require a grading permit regardless of the size of the
total disturbed area in conjunction with approval of a final subdivision
plat, special use permit, or site development plan, or if the construction
activities are adjacent to a watercourse or wetlands
(2) The following activities are exempt from this section
(c)
(a) Agricultural land management activities
(b) Maintenance and repair of any stormwater facility or practice deemed
necessary by the Director.
(c) Emergency repairs to streets, water, sanitary sewer or other facilities
deemed necessary by the Director
(3) Permit application. Applications for grading permits shall be filed on a form
prescribed by the City
(a) In support of the application, the applicant shall submit all information
required on the City's form and any additional information requested by
the City
(b) The application shall be signed by all persons responsible for
compliance with the permit throughout the permit's validity
(c) The application shall include documentation of an application for a
CDPHE stormwater general permit for construction activities and a
completed SWMP which must include an erosion and sediment control
plan
(4) Land disturbance activities may not proceed until grading permit approval is
received from the City
(5) Permit issuance or denial The grading permit may be denied if the applicant
fails to provide the information required by this Chapter and section 26-623 If a permit
is denied, the applicant shall be notified in writing of the grounds for denial and of the
corrective actions that must be taken to obtain a permit. An applicant may appeal the
denial in writing to the Director no later than thirty calendar days from the date of
issuance of denial The appeal must set forth the grounds for the appeal and include
any documents in support of the applicant's appeal The Director shall issue a ruling on
the matter within thirty calendar days of receipt of an appeal based solely upon review
of the application, denial, appeal, and all documents related thereto The applicant shall
receive written notice of the Director's ruling
(6) Performance standards and fees Performance standards and fees for any
permit required by this Chapter shall be met and paid per the schedules on the permit
form No permit shall be issued until and unless the performance standards have been
met and fees paid in full
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Sec. 20-32 Technical standards and specifications
All BMPs designed to meet the requirements of this Chapter shall comply with
the following technical standards:
(1) Urban Drainage and Flood Control District's Urban Storm Drainage Criteria
Manual - Volume 3 or its successor
(2) Current City issued erosion control construction details.
(3) City of Wheat Ridge site drainage requirements
(4) Any other alternative methodology approved by the City, which IS
demonstrated to be effective
Sec. 20-33 Construction stormwater management plan
(1) The Stormwater Management Plan (SWMP) shall be prepared in accordance
with the requirements of the most recent SWMP guiQance document prepared by the
CDPHE, and the engineering and hydrologic practices outlined in the current City site
drainage requirements document.
(2) The owner or its representative will be required to have the CDPHE
approved SWMP on site at all times and shall be prepared to respond to maintenance
of specific BMPs
(3) The owner or its representative shall inspect all BMPs at least every 14 days
and within 24 hours after any precipitation or snow melt event that causes surface
runoff, and when specifically requested by the City Inspections of BMPs shall be
conducted by an individual who has successfully completed formal training in erosion
and sediment control by a recognized organization acceptable to the Director A
certification of successful completion of such training shall be provided upon request.
(4) Based on inspections performed by the owner or by the City, modifications to
the SWMP will be necessary if at any time the specified BMP's do not meet the
objectives of this Chapter In this case, the owner shall meet with City personnel to
determine the appropriate modifications All modifications shall be completed within 7
days of the referenced inspection, and shall be recorded on the owner's copy of SWMP
(5) SWMP review changes. The operator shall amend the plan whenever there
is a significant change in design, construction, operation, or maintenance, which has a
significant effect on the potential for discharge of pollutants to the MS4 or receiving
waters, or if the SWMP proves to be ineffective in achieving the general objectives of
controlling pollutants in stormwater discharges associated with construction activities.
(6) Records of inspection shall be maintained on site with the SWMP and shall
be made available to the City inspector upon request.
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(7) Certification of permanent BMPs Upon completion of a project, prior to Final
Acceptance and/or a Certificate of Occupancy or Completion being granted, the City
shall be provided a written certification stating that the completed project is in
compliance with the approved SWMP All applicants are required to submit "as built" or
"record" plans for any permanent BMPs after final construction is completed and said
plans must be certified by a Colorado licensed professional engineer. A final inspection
by the City is required before the release of any performance securities can occur
Sec. 20-34 Post-construction requirement of permanent BMPs
(1) land development that is subject to the requirements of this Chapter must
address stormwater runoff quality through the use of permanent BMPs which shall be
maintained in perpetuity
(a) All permanent BMPs of any site including, without limitation, detention
basins, retention basins, ponds, inlets, outlets, outfall ditches, ?nd
structures for which the owner thereof or his or her predecessor-in-
interest obtained approval from the City for the construction or
establishment, shall be maintained in good repair and in substantially
the form, condition and nature which was represented at the time they
were constructed It is the intention of this section that such
permanent BMPs, having once been approyed for construction or
deyelopment, shall not be allowed to deteriorate to a condition which is
in any respect inferior to the condition or state upon which the original
approval for construction or development was based For purposes of
this section, either or both the owner or tenant of the structure or real
property shall be considered the responsible party
(b) Maintenance of all permanent BMPs shall be ensured through the
creation of a formal maintenance covenant that must be approved by
the City and recorded against the title of the subject property prior to
final development plan or grading permit approval The covenant shall
be binding on all subsequent owners of land served by the permanent
BMP As part of the covenant, a schedule shall be developed,
detailing when and how often maintenance will occur to ensure proper
function of the permanent BMPs The covenant shall also include
plans for periodic inspections to ensure proper performance of the
facility between scheduled cleanouts The covenant shall provide for
access to the facility at reasonable times for periodic inspection by the
City, or its contractor or agent, and for regular or special assessments
of property owners to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions
established by this Chapter The maintenance covenant shall be
memorialized on the subdivision plat, annexation plat, development
agreement or other instrument, or in a separate form acceptable to the
City and shall be recorded in the office of the county clerk and
recorder
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(2) Inspections of permanent BMPs
(a) All permanent BMPs must undergo, at the minimUm, periodic
inspections by the City, as deemed appropriate by the Director, to
document maintenance and repair needs and ensure compliance with
the requirements of this Chapter and accomplishment of its purposes
These needs may include removal of silt, litter and other debris from all
catch basins, inlets, ponds and detention/ retention basins, outlet
structures and drainage pipes, grass cutting and vegetation removal,
and necessary replacement of landscape vegetation Any maintenance
needs found by City inspection or otherwise must be addressed in a
timely manner, as determined in writing by the Director The
impection and maintenance requirement may be increased as deemed
necessary to ensure proper functioning of the permanent BMPs.
(b) Inspection programs may be established by the City on any reasonable
basis, including but not limited to routine inspections, random
inspections, inspections based upon complaints or other notice of
possible violations, inspection of draihage basins or areas identified as
higher than typical sources of sediment or other contaminants or
pollutants, inspections of businesses or industries of a type associated
with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards
or the NPDES stormwater permit; and joint inspections with other
agencies inspecting under environmental or safety laws Inspections
may include, but are not limited to reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and
material or water in drainage control facilities, and evaluating the
condition of drainage control facilities and other stormwater treatment
practices
(c) When any permanent BMP is installed on private property, or when
any new connection is made between private property and a public
drainage control system, the property owner shall grant to the City the
right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection. This includes the right to enter a
property when the City has a reasonable basis to believe that a
violation of this Chapter is occurring or has occurred, and to enter
when necessary for abatement of a public nuisance or correction of a
violation of this Chapter
(d) Parties responsible for the operation and maintenance of a permanent
BMP shall make records of its installation and of all maintenance and
repairs, and shall retain the records for at least 2 years. These records
shall be made available to the City during inspection of the facility and
at other reasonable times upon request.
WRPW 013 13
Sec. 20-35 Financial security
(1) Construction of the BMPs and other stormwater facilities required by this
Chapter shall be a condition of issuance of any grading permit required pursuant to
Section 20-31 or Section 26-623
(2) A further condition of the grading permit required by Section 20-31 and/or
Section 26-623 shall be the posting of a performance bond to guarantee the
construction of the BMPs or stormwater facilities required by this Chapter, as fully set
forth herein
(3) The amount of the performance bond shall be based upon an itemized
cost estimate prepared by the permittee and approved by the City
(4) Form of performance bond
(a) The performance bond shall be for one hundred twenty-five (125)
percent of the estimated costs of the required grading and BMP
improvements as computed by the- permittee and approved by the
Director The requirement for a performance bond under Chapter 26,
section 623 may be satisfied by inclusion in the performance bond
required in this section Submittal of more than one bond is not
required
(b) No form of performance bond drawn upon a bank or financial institution
having any relationship to the applicant or any principal, Director,
officer or shareholder of the applicant (other than the relationship of
depositor or checking account holder), shall be acceptable The City
may reject any tendered performance bond for any reason
(c) The performance bond shall be in a form satisfactory to the City
attorney The performance bond guarantees the City that the financial
backing is available and the improvements will in fact be completed
and paid for
(i) The performance bond may be from any financially
responsible lender that is not directly or indirectly owned or
controlled by the permittee
(ii) The performance bond shall be in effect for a minimum
period of one (1) year and shall be renewable for
subsequent one-year periods at the City's sole discretion
(iii) The performance bond shall be such that the City is assured
that the permittee has funds committed to the amount and
that in the event of a default by the permittee the City shall
have available to it, upon demand or, funds necessary to
construct any/or all of the grading and BMP improvements
WRPW013 14
(iv)
The City may release percent portions of the performance
bond in increments of no less than twenty-five (25) at the
discretion of the Director of public works upon written
request of the applicant. In such case, an amended
performance bond shall be required In no case shall the full
amount of the performance bond be released until final
acceptance has been granted and all BMP improvements
have been constructed and approved
(v)
After all repairs are made at the end of the warranty period
and final acceptance is issued, the performance bond will be
released
(5) If the permittee does not successfully complete all required work or
violates any requirement of the permit or this Chapter, the City may take corrective
measures and charge the cost of such to the permittee Such costs shall include the
actual cost of any work deemed necessary by the City plus reasonable administrative
and inspection costs and penalties pursuant to this Code If the total of such costs
exceeds the performance bond, the permittee shall be responsible for payment of the
remaining balance within thirty calendar days of receipt of an accounting of such from
the City Such costs, if unpaid, may be certified to the county treasurer for collection in
the same manner as real property taxes
ARTICLE IV
ENFORCEMENT
Sec. 20-41 Enforcement, generally
(1) All authorized personnel under the supervision of the Director have the
power to conduct inspections, issues notices of violations and implement other
enforcement actions under this section
(2) Whenever the Director has cause to believe that there exists, or potentially
exists, in or upon any premises, any condition which constitutes a violation of this
Chapter, the Director shall have the right to enter the premises at any reasonable time
to determine if there exists an actual or potential violation of the requirements of this
Chapter In the event that the owner or occupant refuses entry after a request to enter
has been made, the City is hereby empowered to seek assistance from a court of
competent jurisdiction in obtaining such entry
(3) The Director shall have the right to install on the property of any
discharger to the MS4 any devices deemed necessary to conduct an investigation of
such discharges The investigation may include, but is not limited to the following
sampling of any discharge or process waters, the taking of photographs, interviewing
staff or citizens in reference to alleged violations, and access to any and all facilities or
areas within the premises that may have any effect on the discharge
WRPW013
15
(4) Whenever the City finds that a person has violated a prohibition or failed
to meet a requirement of this Chapter, the Director may order compliance by written
notice of violation to the responsible person
(5) In the eyent the violation constitutes an immediate danger to public health
or public safety, the Director or designee is authorized to enter upon the subject
property, without giving prior notice, to take any and all measures necessary to abate
the violation and/or restore the property
Sec. 20-42 Abatement
(1) If the City abates a violation of this Chapter, within 10 days after
abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs, by personal delivery or by mail to the last
known address of the owner as shown in the records of the county assessor The
notice shall be effective upon the date of mailing or personal delivery The property
owner may file a written protest to the Director objecting to the amount of the abatement
within 15 days of the effective date of the notice
(2) If no protest is filed, then the charges shall be come due and payable on
the date set forth in the notice, which date shall be after the expiration of the time in
which to file an appeal.
(3) In the event a protest is filed, a meeting considering such protest shall be
held before the Director or designee within 15 days from the date of receipt of the
written protest. The property owner shall be given notice of the hearing in the manner
set forth in subsection (1) of this section If any charges are upheld upon completion of
such hearing, then such charges shall become due and payable 10 days after the
issuance of the decision of the Director
(4) If the amount due is not paid within 10 days after the decision of the
Director or the expiration of the time in which to file an appeal under this Chapter, the
charges shall become a special assessment against the property and shall constitute a
lien on the property for the amount of the assessment. The assessment shall be
certified by the City treasurer to the office of the county treasurer for collection in the
same manner as the collection of general property taxes.
Sec. 20-43 Stop work order
Whenever the Director determines that any activity is occurring which is not in
compliance with the requirements of this Chapter, the Director may order the activity
stopped upon service of written notice upon the responsible owner and/or operator
The owner and/or operator shall immediately stop all activity until authorized in writing
by the City to proceed If the owner and/or operator cannot be located, the notice to
stop shall be posted in a conspicuous place upon the area where the actiYity is
occurring and shall state the nature of the violation It shall be unlawful for any owner
and/or operator to fail to comply with a stop work order
WRPW 013
16
Sec. 20-44 Penalties
(1) It is unlawful and an offense for any person to violate or permit or cause
violation of this Chapter or of the provisions of any permit issued under this Chapter
Violators shall be punishable as provided in Chapter 1, section 1-5 of this code Each
day or part of a day any violation occurs or continues shall constitute a separate
offense
(2) Any condition caused or permitted to exist in violation of any of the
provisions of this Chapter is a threat to public health, safety, and welfare and is declared
and deemed a public nuisance Any court of competent jurisdiction may enjoin
violations of this Chapter upon proof of such violations.
(3) The remedies in this Chapter are cumulative and the exercise of anyone
or more remedies shall not prejudice any other remedies that may otherwise be pursued
for a violation of this Chapter The remedies listed in this Chapter are not exclusive of
any other remedies available under any applicable federal, state or local law and it is
within the discretion of the authorized enforcement agency to seek cumulative
remedies -
Section 2. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2005, 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 , 2005, at 7 00
o'clock pm, 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 , 2005
SIGNED by the Mayor on this
day of
,2005
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
WRPW 013
17
First Publication
Second Publication
Wheat Ridge Transcript
Effective Date.
WRPW013
Approved As To Form
Gerald E. Dahl, City Attorney
18
City of Wheat Ridge
Office of the City Manager
Memorandum
ITEM 3.
December 19, 2005
Study
TO'
Mayor and City Council
FROM:
Randy Young, City Manager
DATE
December 12,2005
SUBJECT
Wadsworth Boulevard Property AcqUIsitions
SUBJECT
Memo from Tim Paranto Dated 12/08/2005
As previously directed by City Council, Mr. Paranto has done some prehminary research on the
properties currently for sale in the 3400 block of Wadsworth Boulevard (see attached memo). Mr
Paranto has provided the listing prices for each property under consideratIon.
At this time, staff IS looking for further dIrection on this matter from City Council. We feel there are
several options to pursue at this tIme. The first would be to continue negotIations in exploring the
acquisitIon of these properties by engaging a quahfied appraiser to establish the value of the properties.
Concurrently, we would take thiS matter to the WR2020 Board for feedback into their desire to
participate, and at what level, in this proposal.
The second option would be to simply make the determination that the purchase of these properties IS
not cost effectIve at this time.
Although there are no funds budgeted for thIS acqUIsition, I feel it IS important to inform CIty CounCIl of
this opportunity to purchase these propertIes while they are for sale on the open market. The current
askmg pnce of over $1 0 million IS more than the CIty's General Fund budget can afford; however, we
would like direction from City Council as to whether staff should investIgate other options for acquiring
these properties.
As well as further direction, staff would like to know what other mformation City Council desires m
order to make a final deCIsion on this matter
City of 'W'h~at. Ridge
Department 01 Public Wurks
MEMORANDUM
FROM:
Randy Young, City Manager
Tim Paranto, Director of Public Works
TO:
DATE:
December 8,2005
SUBJECT:
Wadsworth Boulevard Property Acquisitions
The Denver Council of Governments' (DRCOG) Regional Transportation Plan (RTP)
identifies Wadsworth Boulevard (SH 121) as a future 6-lane roadway through Wheat Ridge
However, the widening project is unfunded and is not programmed in the DRCOG 2005-2010
Transportation Improvement Program (TIP)
The Neighborhood Revitalization Strategy (NRS) recommends that the Wadsworth Corridor
be re-developed The NRS also suggests that the visual esthetics of primary corridors, such
as Wadsworth Boulevard, be improved
There are six residential income properties on Wadsworth Boulevard between 32nd Avenue
and 34th Avenue for sale at this time All six structures are owned by one party The
addresses and listing prices are.
3398 Wadsworth
3400 Wadsworth
3402 Wadsworth
3404 Wadsworth
3410 Wadsworth
7550 W 34th Ayenue
Total
$269,900
185,000
149,000
137,500
149,900
175,000
$1,066,300
All six properties are in poor condition and unsightly Three of the houses are vacant at this
time The house at 3400 Wadsworth was built in 1897 and has been vacant for several years
This old farmhouse will require very significant repair to restore it to a habitable condition
Five of the six properties have very dangerous accesses along Wadsworth Boulevard.
When Wadsworth is eventually widened, right-of-way will be required from all six properties
and four of the structures will need to be removed (the expected right-of-way need will be
approximately half of the depth of the properties)
If the six properties were purchased at this time, four (or all six) buildings could be
demolished, improving the image of Wheat Ridge as travelers enter the City from the south
Removing the houses fronting Wadsworth Boulevard would eliminate the accesses from the
highway, providing a safer condition along this section of the street. The future right-of-way
along the street would also be preserved for future widening and streetscaping
Staff has met with the Property owner and his realtor to discuss possible acquisition of all six
properties The properties were purchased in February, 2004 and the owner has found the
management of the properties exceeding the time he has available He placed the properties
on the market, priced to recapture his investment and cover the cost of sale transactions
The owner has mortgages equal to the value of properties Early negotiations have revealed
that the owner desires a purchase price large enough to retire the mortgages, pay his realtor
and pay closing costs
If the City were to purchase the properties, demolish the four smaller houses and preserve
sufficient land along Wadsworth Boulevard for future street widening and streetscape, there
would be two building lots remaining for re-development. The two larger houses could be
evaluated as to the potential for relocation and/or rehabilitation These two lots and houses
may be of interest to Wheat Ridge 2020 as an initial re-deyelopment project.
Staff is prepared to continue negotiations for acquisition of the six properties along
Wadsworth Boulevard A qualified appraiser has been contacted and is available to establish
the value of the properties if the negotiations advance
o
~..
100
200 Feet
ITEM 4.
December 19, 2005
Study Session
City of Wheat Ridge
Office of the City Manager
Memorandum
9,
COL OR p..\)O
TO
Randy Young, City Manager
FROM.
Kathy Franklin, Sales Tax Auditor
THROUGH. Patrick Goff, Deputy City Manager
DATE:
December 12,2005
SUBJECT
Ordinance Concerning Taxation and Busmess Licensing
The attached draft ordinance was prompted by observations made dUrIng the exhaustive business
inventory and licensing program undertaken during 2005, during the production of tax topic sheets and a
tax brochure for taxpayer use and by taxpayer comments in response to those undertakings and normal
daIly tax office actiVItIes. Reliance on standard operatmg procedures was mInImIzed m favor of actual
and multiple readmgs of code and regulations m order to vIew the law and its applicatIOn WIth fresh
VIsion, focusmg on clarIty, enforceabilIty, and currency.
Perhaps of most impact to City operations is Section 3, whIch suggests bringing tax filing frequency
guidelines up to a level comparable to those of neighborIng commUnItIes and applying a guidelme to
annual filing. The current filing frequency requirements are based on a smaller economy and can be
burdensome to the small businessman m today's economy by causing him to seek costly accounting
services more frequently in order to comply For instance, a $40 tax liability now reqUIres monthly
filing. That equates to sales of only $6,667, which Isn't even a sustenance level. An annual gUldelme is
needed to ensure faIrness in granting such a generous exception as annual filing. Also consider that the
City would benefit from the reduction of paperwork and printing and mailing expenses in non-quarter
months. As always, any taxpayer wlshmg to file more frequently than required would be welcome to do
so
Section 6 is also of some gravity m that it proposes to require documentation of the various sales tax
exemptIOns by those claiming the exemptIOns. Such documentatIOn IS a standard requirement in most
jurisdictions natIonWIde and IS based on the precept of good faIth acceptance by the seller that the buyer
is entitled to the exemption given his line of business and the items to be purchased. If good faith is not
supported by the statements in the document, the seller IS liable for the tax. ThIS places a burden of duty
upon sellers to ensure that exemptIOn IS not granted in willful disregard for the law. The current forms
used by the State of Colorado or a generic multi-jurisdictional form would suffice.
The remaining sections are various and sundry housekeepmg items that would enhance the code's clarity
and tighten or elIminate observed potential loopholes. As the City goes forward in its quest to renew its
commerCial lIfe It is Important to make It easier for business to comply with Wheat Ridge tax law while
closmg doors on points of aVOidance to ensure that all pay their fair share m support of our community
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No
Ordinance No
Series of 2006
TITLE AN ORDINANCE AMENDING CHAPTERS 22 AND 11 OF THE CODE
OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING TAXATION AND
BUSINESSS LICENSING
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter"), and
WHEREAS, pursuant to section 1 3 of the Charter, the City has all the power of
local self-government and home rule and all the power possible for a municipality to
have under the Constitution of the State of Colorado, including the powers to tax and to
impose and implement business licensing requirements, and
WHEREAS, the City has previously adopted provisions concerning taxation,
codified at Chapter 22 of the Code of Laws of the City of Wheat Ridge (the "Code"), and
WHEREAS, the City has previously adopted provisions concerning the licensing
of businesses within the City, codified at Chapter 11 of the Code, and
WHEREAS, the City Council desires to enact certain revisions to said Chapters
22 and 11 that do not constitute changes in tax policy to clarify licensing and taxation
requirements and to delete provisions that are obsolete
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO
Section 1. Subsection 22-21 (a) of the Code of Laws, defining terms as used in
Chapter 22 of the Code, is hereby amended by the addition of a new definition, to read
in its entirety as follows.
Agricultural producer A person regularly engaged in the business of
using land for the production of crops or livestock. The term includes
farmers, market gardeners, commercial fruit growers, livestock breeders,
dairymen, poultrymen, and other persons similarly engaged, but does not
include a person who breeds or markets animals, birds, or fish for
domestic pets nor a person who cultivates, grows, or harvests plants or
plant products exclusively for that person's own consumption.
Section 2 Paragraph (3) of the definition of "Engaged in business in the city" set
forth in Subsection 22-21(a) of the Code of Laws is hereby amended as follows'
(3) Maintains one or more employees, agents or commissioned sales
persons ffiHy at a location within the taxing jurisdiction, excludina.
however. emplovees aaents or commissioned sales persons who
reside within the citv but do not otherwise enaaae in business in the
city as defined bv this section.
Section 3 The first sentence of subsection 22-40(c) of the Code of Laws is
hereby amended as follows
(c) The reporting period shall be monthly for vendors who exceed a
fefty- two hundred dollar ($200) tax liability per month, quarterly for a
vendor with less than ooe between fifteen dollars ($15) and two hundred
dollars ($.t~00 00) in tax liability per qU3rter month, and annuallv for
vendors havina tax liability of less than fifteen dollars ($15) per month.
Section 4 Subsection 22-57(7) of the Code of Laws is hereby amended as
follows
(7) Vending machines. Eyery sale bv a retailer or vendor vending
items of tangible personal property through coin operated vending
machines shall be taxable and such retailer or vendor shall pay
retail sales or use tax at the rate specified in section 22-56 on the
tangible personal property sold or vended ffi ~ the coin oper3ted
vendina machine unless the sale shall be otherwise exempt as
provided in this chapter Owners of yending machines that vend
articles of tangible personal property are subject to sales or use tax
on the cost of the vending machines, provided that owners of GGfA-
operated devices vendina machines that do not vend articles of
tangible personal property are not subject to the sales or use tax on
the cost of such devices machines, instead, the utilization of such
machines are considered short-term rentals of tangible personal
property and the gross receipts are subject to the sales tax. For
purooses of this subsection. vendina machines includes any device
which dispenses aoods or services upon insertion therein of a coin.
slue. token. plate. disc. card or any other form or tvpe of
consideration.
2
Section 5 Paragraph (17) of subsection 22-58(a) of the Code of Laws is hereby
amended as follows.
(17) All sales offarm machinery, machinery parts, livestock, poultry, and
livestock and poultry feed and drugs, seeds and fertilizers to
purchaser an aaricultural oroducer for use outside the city even
though sale and/or delivery is made within the city; except that,
trucks of one-ton manufacturer-rated capacity or less and lawn and
garden tillers, mowers and renovators are not to be considered as
farm machinery
Section 6. Section 22-58 of the Code of Laws, concerning tax exempt sales, is
hereby amended by the addition of a new subsection (d) to read in its entirety as
follows.
(d) Any consumer who claims an exemption from City sales tax pursuant
to this Section 22-58 must provide written evidence to the retailer or
vendor from whom the purchase is made that such transaction falls within
one of the categories enumerated in Subsection (a) above
Section 7 Paragraph (1) of Subsection 22-66(c) of the Code of Laws,
concerning the taxation of leases, is hereby amended as follows
(1) The sales tax on any lease payment shall be paid by the lessee
and shall be remitted by the lessor to the city, providing the
property is located in the city at the time the payment is due. The
amount of sales tax due on such lease oavment shall be that
amount imoosed bv Section 22-56 of this Code on the lease
oavment due date. In no event shall a multi-vear lease be exemot
from anv chanae in sales tax rates durina the term of said lease.
Section 8 Subsection (e) of Section 22-66 of the Code of Laws, concerning
credit for tax lawfully imposed by and paid to another municipality, is hereby amended
by the addition of a new paragraph (3) to read in its entirety as follows
(3) Credit shall not be given for funds paid to another taxing jurisdiction
for any type of permit or licensing fee
Section 9. Section 11-105 of the Code of Laws is hereby amended as follows.
Section 11-105. Exemptions for establishments maintaining
amusement devices.
3
An establishment maintaining amusement devices is not subject to
sections 11115,11-116,11-117 or 11-103, but is subject to all other
proYisions of this article
Section 10 Subsection (b) of Section 11-115 of the Code of Laws is hereby
amended as follows.
(b) No amusement arcade, Gf amusement center or establishment
maintainina amusement deyices shall conduct business within the city
without first paying the fee placed upon amusement devices imposed by
section 11-120
Section 11 Section 11-166 of the Code of Laws, concerning the reporting of any
change in Security Agency business location, personnel residence or business vehicles
to the police department, is hereby deleted in its entirety and designated "Reserved"
Section 12. 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
Section 13 Severabilitv: ConflictinQ 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 14 Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this _ day of , 2006, 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 , 2006, at 7 00 o'clock
pm, 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 , 2006
4
SIGNED by the Mayor on this
day of
,2006
ATTEST
Pamela Anderson, City Clerk
First Publication
Second Publication
Wheat Ridge Transcript:
Effective Date
Jerry DiTullio, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
5
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City of Wheat Ridge
Office of the Mayor & City Council
Memorandum
19, 2005
TO: Mayor & City Council
FROM. Mike Stites, Council President
DATE: December 13,2005
SUBJECT: Council Rules and Procedures
Attached please find a copy of the CITY COUNCIL RULES AND ORDER OF PROCEDURE. The
following topics were submitted by Council members for dIscussion:
,. The position and duties of Council President and Mayor Pro-Tern
}- Scheduling of District Meetings and Annual Town Meetmg
,. Schedule for Agenda setting and delIvery of packets
}- Format and Procedure of Study Sessions; i.e. definitIOn of consensus, recording and mmutes.
.,.. Purchasing PolicIes and Mayor/CouncIl credit cards
y 2006 City CounCil Meetmg Calendar
ITEM NO: _I \ C I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE.
December 12,2005
~0<;'o_/
"rr ,,)...---
I '.""J
I
TITLE:
MOTION TO ADOPT THE 2006 CITY COUNCIL REGULAR
MEETING CALENDAR
o PUBLIC HEARING
~ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date _)
o ORDINANCES FOR 2ND READING
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No
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EXECVTIVE SUMMARY:
The Wheat RIdge City Council may adopt by motIOn the 2006 City Council Regular Meetmg
Calendar ThiS mcludes scheduled meetmgs for regular City Council Meetmgs, Study Sessions,
quarterly Dlstnct meetmgs, the Annual Town meetmg, and City of Wheat Ridge holIdays. The
proposed calendar IS Attachment 1
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The regular meetings of the Wheat Ridge City Council are based on the City Council Rules and the
CIty Charter It should be noted that the two Study SessIons m January and February that fall on
holIdays when the CIty IS closed have been scheduled for Tuesday, January 17th and Tuesday,
February 21" Also, as Independence Day falls on a Tuesday thiS year, the July 3 rd Study SessIOn has
bet:n t:llIll1nateu to allow for holiday travel Adopting the regular meeting calendar for the year is more
effiCient and enables the Mayor, Council and staff to schedule other events and travel in advance. The
Council will be able to amend the schedule by motIOn throughout the year, If necessary
AL TERNA TIVES CONSIDERED:
AlternatIve 1 Amend the proposed calendar wlthm the parameters of the current Council Rules and
Charter.
Alternative 2 Do not adopt the 2006 City Council Regular Meetmg Calendar
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to adopt the 2006 City Council Regular Meeting Calendar "
or.
"I move to den: the adoptIOn of the 2006 C1t: Council Regular Meetmg Calendar for the followmg
reasons
"'
Attachments:
1 Proposed 2006 (It: Council Regular Meetmg Calendar
CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Page 1 of9
CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Sec. 5.1. Regular meetings.
The council shall meet regularly at least twice each month at a day and hour to be fixed
by the rules of council. The council shall determine the rules of procedure governing meetings.
At the first regular meeting following each general municipal election, the council shall organize
as a matter of business and shall not be restricted from transacting other proper business
Sec. 5.2. Special meetings.
(a) A special meeting may be called by the city clerk on the written request of the
mayor or any two (2) members of the council provided that each member of the council
is given written notice at least twenty-four (24) hours before the time set for such
meeting Such notice may be either personally served or left at the usual place of abode
of the members of the council Notice of such special meeting shall also be posted in the
office of city clerk and published in a newspaper of general circulation in the City of
Wheat Ridge at least twenty-four (24) hours prior to such a special session.
(b) An emergency special meeting may be called by the city clerk at any time on a
written request from the mayor or five (5) members of the council Such request shall
state that the matter to be considered is an emergency of such gravity that irreparable
harm would come to the city if there was any further delay in council action The nature
of the emergency shall be stated in detail in a written notice to each councilmember, a
notice posted in the office of the city clerk, and in the minutes of the special meeting A
vote shall also be taken at the beginning of such special meeting as to whether there is
in fact an emergency and the vote of each member of the council shall be individually
recorded
Sec. 5.3. Business at special meetings.
No business shall be discussed or transacted at any special meeting of the council
unless it has been stated in the official notice of such meeting issued by the city clerk.
Sec. 5.4. Quorum; adjournment of meeting.
A majority of the members of the council in office at the time shall be a quorum for the
transaction of business at all council meetings, but in the absence of a quorum a lesser number
may adjourn any meeting to a later time or date, and in the absence of all members the city
clerk may adjourn any meeting for not longer than one (1) week.
Sec. 5.5. Council attendance at meetings.
A majority of the members of the council may, by vote, either request or compel the
attendance of its members and other officers of the city at any meeting of the council Any
member of the councilor other officer who then [when] notified of such request for his
attendance fails to attend such meeting for reasons other than confining illness or absence from
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CHAPTER V COUNCIL PROCEDURE AND LEGISLATION
Page 2 of9
the city, or because said councilmember or officer is attending a meeting as a
representative of the City, shall be deemed guilty of misconduct in office unless excused by the
council
Sec. 5.6. Meetings to be public.
. All regular and special meetings of the council shall be open to the public, except
executive sessions held In accordance with section 57, and citizens shall have a reasonable
opportunity to be heard under such rules and regulations as the council may prescribe
Sec. 5.7. Executive sessions.
(a) An executive session of the city council may be convened only if the majority of
the council vote publicly to hold such a session, the subject matter to be considered is
one of those listed in subsection (b) of this section and a public announcement is made
as to which category of subsection (b) the matter concerns. No formal votes may be
taken in any executive session.
(b) An executive session may be convened only on the following matters:
(1) Legal Consultation. The city council may convene an executive session
under the following conditions.
(A) A suit has been filed against the city or the city has received formal
written notice that a suit against the city is imminent.
(8) The city council is considering instituting legal action against
another party
(C) The city council has knowledge of violations of the law and is
considering the possibility of criminal prosecution.
(0) Conferences with the city attorney for the purpose of receiving legal
advice on specific legal questions.
(2) Personnel Matters. Personnel matters concerning individual city employees
may be considered in an executive session Individual city employees may
request such a session. Notwithstanding Charter section 3 4, the city manager
shall not attend an executive session concerning his/her own performance
unless the council so directs
(3) Real Estate Appraisals. The city council may convene an executive
session to consider real estate appraisals made for the purpose of the possible
acquisition of real property or an interest therein for public use, or the sale of any
real property owned by the city However, no executive session shall be
convened to discuss the merits of purchasing real property for public use or the
sale of real property owned by the city, or any other matters pertaining to land
acquisition or sale
(c) The city clerk shall make a tape recording and prepare the minutes of all executive
sessions. Such recordings and minutes shall be closed to the public unless a majority of
the council votes to make them available to the public. The mayor, any member of the
council, or the city attorney may examine such tapes or minutes at any reasonable time
under the direct supervision of the city clerk. The city clerk may also release such tapes
and minutes pursuant to a valid court order in any action challenging the legitimacy of an
executive session.
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CHAPTER V COUNCIL PROCEDURE AND LEGISLATION
Page 3 of9
(Ord No 1996-1038, S 1, 7-22-96, Ord No 1999-1173, S 1, 8-23-99; Ord No 1225, S 1, 9-10-
01)
Sec. 5.8. Council acts.
The council shall act only by ordinance, resolution or motion. All legislative enactments
of a permanent nature shall be by ordinance, all other actions, except as provided in this
Charter, may be in the form of resolutions or motions. All ordinances and resolutions shall be
confined to one (1) subject, except in the case of repealing ordinances. Ordinances making
appropriations shall be confined to the subject of appropriation, but may include more than one
(1) appropriation
Sec. 5.9. Voting.
The vote by "yes" or "no" shall be taken upon the passage of all ordinances, resolutions,
and motions and entered upon the minutes of the council proceedings. Every ordinance shall
require the affirmative vote of the majority of the entire council for final passage, except as
provided for zoning and rezoning ordinances in section 5 10, sale of real property in section
16 5 or elsewhere provided in this Charter Resolutions and motions shall require the affirmative
vote of a majority of the council members present. No member of the council shall vote on any
question in which he has a personal or financial interest, other than the common public interest,
or on any question concerning his own conduct, and in said instances the member shall
disclose this interest to the council On all other questions each member who is present shall
vote unless excused by the unanimous consent of the remaining members present. Any
member refusing to vote, except when not so required by this paragraph, shall be guilty of
misconduct in office. At the request of any member of the council any vote shall be taken
simultaneously in a manner prescribed by the council, provided, however, that the vote of each
member shall be publicly announced immediately thereafter
Sec. 5.10. Action by ordinance required.
In addition to such acts of the council as are required by other provisions of this Charter
to be by ordinance, every act amending or repealing any ordinance or section of an ordinance,
making an appropriation, creating an indebtedness, authorizing borrowing of money, levying a
tax, establishing any rule or regulation for the violation of which a penalty is imposed, or placing
any burden upon or limiting the use of private property, shall be by ordinance, provided,
however, that this section shall not apply to the budget adoption in section 10 9 Zoning and
rezoning shall be governed by the statutes of the State of Colorado as now existing or hereafter
amended or modified unless superseded by new procedures set forth in a duly adopted
ordinance, except as follows:
The council shall have the power to amend, supplement, change, or repeal the
regulations, restrictions and boundaries of zoning districts within the city Such changes shall be
adopted by ordinance after a public hearing at which parties in interest and citizens shall have
an opportunity to be heard
In the event of a protest against such changes signed by the owners of twenty (20)
percent or more of the area
(1) Of the property included within the proposed change, or,
(2) Of those immediately adjacent to the rear or any side of the property,
extending one hundred (100) feet from the property; or,
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CHAPTER V COUNCIL PROCEDURE AND LEGISLATION
Page 4 of9
(3) Of those directly opposite across the street from the property, extending
one hundred (100) feet from the street frontage of such opposite property,
such changes shall not become effective except by the favorable yote of three-fourths of the
entire city council Where land within the area proposed for change, or adjacent or opposite land
as defined above is owned by the City of Wheat Ridge, such property shall be excluded in
computing the required twenty (20) percent, and owners of noncity land within the one-hundred-
foot limit as defined above shall be considered adjacent or opposite despite such intervening
city land
The written protest to such changes shall be submitted to the city council no later than
the hearing on the proposed amendment. At least fifteen (15) days' notice of the time and place
of the hearing, and the address and legal description of the property, shall be published in an
official paper or paper of general circulation within the city, and notice of the hearing shall also
be posted on the property so that it is easily visible to neighboring property owners. Said notices
shall contain the statement that specific plans for the proposed changes are available for
inspection at the Wheat Ridge City Hall
(As amended 7-12-83 Effective upon adoption 7-12-83)
Sec. 5.10.1. Building height and density limitations.
(a) Height limitations. The city shall not, by ordinance, resolution, motion, permit, or
other action, or variance except as provided in subsection (e), allow the construction of
buildings or other structures which exceed the following maximum heights.
(1) Thirty-five (35) feet for the following All residential, planned residential and
agricultural districts, including any created after passage of this amendment;
residential buildings when built in nonresidential districts, the hospital-one district;
and the restricted commercial-one district.
(2) Fifty (50) feet for the following Any other commercial, planned commercial,
industrial or planned industrial districts, the public buildings and facilities district;
commercial and office buildings constructed in the hospital-two district; and any
nonresidential district created after passage of this amendment.
(3) Sixty-five (65) feet, but in no event more than six (6) stories above grade,
for new hospitals in the hospital-two district, on a minimum lot area of fifty (50)
acres, however, additions attached to existing hospitals in this district may be
built to a height not to exceed the height of the existing building
The height limitations established shall not apply to the following Church steeples, silos,
decorative domes and cupolas not used for human occupancy or any commercial, business or
industrial use, nor to windmills, chimneys, ventilators, transmission towers, solar heating and
cooling devices, water towers, antennas, or necessary mechanical appurtenances normally
carried above the roofline, but the city council may, by ordinance, establish height limitations for
these structures.
(b) Density Limitations. The city shall not, by ordinance, resolution, motion, variance,
permit or other action, allow the construction of residential buildings in any zone district
which exceed a maximum of twenty-one (21) family units per acre, except that nursing
homes shall not be required to meet this density maximum. In order that land required to
support a previous building permit not be used again as a means of circumventing the
above maximum, the following shall apply' No subdivision, variance, rezoning or permit
shall be approved or granted on said land which subtracts the supporting land and
thereby leaves the existing building nonconforming by these standards. The maximum of
twenty-one (21) units per acre shall apply to the total parcel, including both existing and
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CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Page 5 of9
proposed construction
(c) Definitions.
(1) Height: The vertical distance measured from the average elevation of the
finished grade of the building to the highest point of the roof surface if a flat roof,
to the deck line of a mansard roof, and to the mean height level between eaves
and ridge for a gable, hip, gambrel or other roof
(2) Residential' Intended for human occupancy, including homes for the aged
and nursing homes, but excluding hospitals, and motels and hotels for transient
occupancy
(3) Family unit: One (1) or more persons related by blood, marriage, or
adoption, or no more than three (3) unrelated persons living together as a single
housekeeping unit. This definition is intended to be utilized and applied only as a
standard for computing maximum density in new, multiunit construction, it shall
not, unless reenacted as a portion of the Wheat Ridge Code of Laws, be utilized
for any purpose except density computations under this Charter section. If a
single housekeeping unit is designed for the use of more than three (3) unrelated
persons, such as, but not limited to, the handicapped or elderly, each three (3)
persons in any such unit shall constitute one (1) family unit.
(d) Nonconforming structures. This amendment applies only to new construction,
buildings and other structures legally in existence at the time of passage of this
amendment shall not become nonconforming because of the adoption of these new
density and height limits.
(e) Variances. The board of adjustment shall have the power to interpret terms and
definitions in this amendment, and to allow a variance to maximum height, not to exceed
ten (10) percent, upon a finding that not granting the variance would cause an extreme
hardship The city council and other boards may not grant variances from these
standards, but nothing in this amendment shall be construed to limit the council from
imposing more stringent height and density standards in any zoning district.
(Adopted 7-12-83, effective upon adoption)
Sec. 5.11. Form of ordinances.
Every ordinance shall be introduced in written or printed form The enacting clause of all
ordinances shall be BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE. The effective date of all ordinances shall be fifteen (15) days from the date of final
publication of said ordinance unless another date is prescribed therein, or otherwise provided
for elsewhere in this Charter
Sec. 5.12. Procedure.
Except for emergency ordinances, ordinances making general codifications of existing
ordinances, and ordinances adopting standard codes, the following procedure for the enactment
of ordinances shall be followed
(a) The ordinance shall be introduced at any regular meeting of the council by
any member thereof
(b) The ordinance shall be read in full or, in cases where copies of the
ordinance are available to the council and to those persons in attendance at said
council meeting, said ordinance may be read by title only
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CHAPTER V COUNCIL PROCEDURE AND LEGISLATION
Page 60f9
(c) After the first reading of the ordinance, the same shall be approved or
rejected by a vote of the council
(d) If the ordinance is approved on first reading, it shall be published in full
The council shall set a day, hour, and place at which the council shall hold a
public hearing on the ordinance and notice of said day, hour and place shall be
included in the first publication
(e) The ordinance shall be introduced at council a second time, at a meeting
not earlier than seven (7) days after first publication, for final approval, rejection,
or other action as may be taken by vote of the council This meeting may be the
same meeting at which the public hearing on the ordinance is held, but the public
hearing shall precede action on the ordinance The ordinance may be amended
before final approval by vote of the council.
(f) After final approval, an ordinance shall be published by title or in full as the
council may determine If amended, an ordinance shall be published by title and
full text of the amendment or in full as the council may determine
(g) Whenever an ordinance shall be published by reference or by title, the
publication shall contain a summary of the subject matter of said ordinance and
shall contain a notice to the public that copies of the proposed ordinance are
available at the office of the city clerk. The publication of any ordinance, by
reference or by title, as provided herein must set forth in full any penalty clause
contained in said ordinance
(h) Ordinances shall be published in a newspaper of general circulation in the
City of Wheat Ridge
Sec. 5.13. Emergency ordinances.
Emergency ordinances for the immediate preservation of public property, health, peace,
or safety shall be approved only by the majority vote of councilmembers present at the meeting
The facts showing such urgency and need shall be specifically stated in the measure itself No
ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any
city-owned utility shall ever be passed as an emergency measure An emergency ordinance
shall require passage at one (1) meeting of the council. However, neither a public hearing nor a
first publication as provided in section 5 12 shall be required An emergency ordinance shall
take effect upon final passage Publication shall be within ten (10) days after passage, or as
soon thereafter as possible An emergency ordinance shall not be in effect longer than ninety
(90) days after passage, and shall not again be passed as an emergency ordinance
Sec. 5.14. Veto by mayor.
The mayor shall have the power to veto any ordinance passed by the council subject to
the following
(a) Every ordinance passed by the council shall be presented to the mayor
within forty-eight (48) hours thereafter If he approves such ordinance he shall
sign it within three (3) days after receiving it.
(b) The mayor must exercise the power of veto with a complete written
explanation of the reasons therefor addressed and delivered to each
councilmember within seven (7) days from the date of its final passage
(c) The mayor's veto may be overridden only by an affirmative vote of three-
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CHAPTER V COUNCIL PROCEDURE AND LEGISLATION
Page 70f9
fourths of the entire council at the next regular meeting following the veto
(d) If the mayor does not return the ordinance with his veto to the council
within the time specified, it shall take effect as if he had approved it.
(e) The mayor shall not have veto power on any emergency ordinance
Sec. 5.15. Codification of ordinances.
The council shall cause the ordinances to be codified and thereafter maintained in
current form. Revisions to the codes may be accomplished by reference as provided in section
516
Sec. 5.16. Standard codes adopted by reference.
Standard codes, promulgated by the federal government, the State of Colorado, or by
any agency of either of them, or by any municipality within the State of Colorado, or by any
recognized trade or professional organization, or amendments or revisions thereof, may be
adopted by reference, provided the publication of the ordinances adopting any said code shall
advise that copies are available for inspection at the office of the city clerk, and provided that
any penalty clause in any code may be adopted only if set forth in full and published in the
adopting ordinance
Sec. 5.17. Severability of ordinances.
Unless an ordinance shall expressly provide to the contrary, if any portion of an
ordinance or the application thereof to any person or circumstances shall be found to be invalid
by a court, such invalidity shall not affect the remaining portions or applications of the ordinance
which can be given effect without the invalid portion or application, provided such remaining
portions or applications are not determined by the court to be inoperable, and to this end
ordinances are declared to be severable.
Sec. 5.18. Disposition of ordinances.
A true copy of every ordinance, as adopted by the councilor electorate, shall be
numbered and recorded in the official records of the city Its adoption and publication shall be
authenticated by the signatures of the mayor or mayor pro tempore, and the city clerk and by
the certificate of publication The failure to record, or authenticate any ordinance shall not,
however, invalidate, suspend, or void such ordinance
Sec. 5.19. Public records.
All public records of the City of Wheat Ridge shall be open for inspection by any person
at reasonable times in accordance with state statutes existing at the present time or hereafter
enacted or hereafter amended by ordinance adopted pursuant to this Charter
Sec. 5.20. Street width designation.
The city council shall have the sole authority and responsibility to determine the width of
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CHAPTER V COUNCIL PROCEDURE AND LEGISLA nON
Page 80f9
all city streets within the boundaries of the City of Wheat Ridge Such authority and
responsibility cannot be delegated to any other body or individual(s), the only exception being
the election procedure specifically set forth in this Charter section Street width shall be
determined by the flowline of the street. Flowline is defined as the measurement from the inside
edge of one (1) curb to the inside edge of the opposite curb Where no curb is planned to be
constructed, flowline shall be defined as the measurement from the outside edge of one (1) side
of the driving surface of the street, to the outside edge of the opposite side of the driving surface
of the street.
Within one (1) year prior to construction or reconstruction of a street, the city council
shall hold a public hearing to determine the flowline of such street. Following the public hearing,
the council shall adopt such flowline as the street's official street width designation
In the event of a protest against such proposed street width designation signed by the
owners of"
(1) Twenty (20) percent of the property immediately adjacent or contiguous to
either side of such street; or
(2) Ten (10) percent of the property lying within three hundred (300) feet of
either side of such street,
such proposed street width designation shall not become effective except by the favorable vote
of three-fourths ( 3/4) of the entire city council. Property does not need to be entirely contained
within the three hundred (300) foot area to be used in the computation of the ten (10) percent
necessary to file a protest. Only the portion of the property that actually lies within the three
hundred (300) foot area is used to compute the ten (10) percent required to file a protest. Where
the City of Wheat Ridge owns property or has right-of-way within three hundred (300) feet of
either side of the street, then such city-owned land or right-of-way shall be excluded from the
computation of the required percentage of properties needed to file a protest to the proposed
street width designation. Owners of noncity land shall be considered immediately adjacent or
contiguous to the street, or within three hundred (300) feet of either side of such street, despite
such intervening city-owned land or right-of-way
The written protest to such proposed street width designation shall be submitted to the
city council no later than the conclusion of the public hearing on the proposed street width
designation. At least fifteen (15) days' notice of the time and place of the hearing shall be
published in the newspaper used by the city to publish legal notices, and notice of such public
hearing shall be mailed by certified letter to all property owners within three hundred (300) feet
of both sides of such street.
Said notice shall contain
(1) A description of the proposed street width designation and a statement that
the specific plans for the proposed street width designation are available for
inspection at the Wheat Ridge Municipal Building, and
(2) An explanation of the right of the property owners to protest such proposed
street width designation, and how to exercise such right; and
(3) The full and complete text of this Charter section
All publication and notification requirements set forth in this Charter section shall be performed
by the city clerk.
If at any time within forty-five (45) days after a favorable vote by city council of such
proposed street width designation, a petition signed by at least five (5) percent of the registered
electors of the city council district(s) immediately adjacent or contiguous to such street be
presented to the council against the going into effect of such proposed street width designation,
the same shall thereupon be immediately suspended and the council shall publish notice of and
call an election upon the proposed street width designation. Said election shall be held not less
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CHAPTER V COUNCIL PROCEDURE AND LEGISLATION
Page 90f9
than thirty (30) days nor more than one hundred eighty (180) days after publication of
the notice thereof
Only registered electors in the city council district(s) immediately adjacent or contiguous
to such street shall be eligible to vote on the proposed street width designation If a majority of
the registered electors in the city council district(s) immediately adjacent or contiguous to such
street voting thereon vote for such proposed street width designation, the proposed street width
designation shall be deemed approved For purposes of ballot tabulation, the total votes of all
electors who cast ballots from one or more city council district(s) shall be counted together
If any provision of this Charter section or the application in any particular case, is held
invalid, the remainder of this Charter section and its application in all other cases shall remain
unimpaired Anything in the Charter or ordinances of the City of Wheat Ridge in conflict or
inconsistent with the provisions of this Charter section is hereby declared to be inapplicable to
the matters and things covered and provided for by this Charter section This Charter section
shall take effect immediately upon passage
(Amend of 11-7-95)
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