HomeMy WebLinkAbout02/13/2006
6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
February 13, 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF January 23, 2005
PROCLAMATIONS AND CEREMONIES
Metro Mayors and Commissioners Youth Awards
CITIZENS' RIGHT TO SPEAK
1 Citizens. who wish, may speak on any matter not on the Agenda for a maximum of
3 Minutes and sign the Public Comment Roster.
2 Citizens who wish to speak on Agenda Items, please sign the GENERAL
AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is
called to be heard
APPROVAL OF AGENDA
Item 1.
CONSENT AGENDA:
A. RESOLUTION 03-2006 - AMENDING THE FISCAL YEAR 2005
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION FOR THE
ESTIP AGREEMENT PAYMENT TO VM RENTALS IN THE AMOUNT
OF $6,761 00
B RESOLUTION 04-2006 - AMENDING THE FISCAL YEAR 2005
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION FOR THE ANNUAL
SALES TAX INCENTIVE PAYMENT TO THE WHEAT RIDGE URBAN
RENEWAL AUTHORITY IN THE AMOUNT OF $40,000 00
CITY COUNCIL AGENDA. FEBRUARY 13, 2006
Page -2-
C RESOLUTION 05-2006 - AMENDING THE FISCAL YEAR 2006
BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE REAPPROPRIATION AND
REENCUMBERANCE OF 2005 FISCAL YEAR ENCUMBERED
FUNDS IN THE AMOUNT OF $2,716,61645
D RESOLUTION 06-2006 - ACCEPTING THE MEMORANDUM OF
UNDERSTANDING FOR THE DENVER METRO AUTO THEFT
TEAM.
E. ALLOCATION OF $40,000 FROM THE 2006 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO THE WHEAT RIDGE
BUSINESS DISTRICT
F Motion to adopt Revised City Council Rules of Order and Procedure
(Revised January 2006)
ORDINANCES ON FIRST READING
Item 2.
Item 3.
COUNCIL BILL 01-2006 - AN ORDINANCE ENACTING CHAPTER 20
OF THE WHEAT RIDGE CODE OF LAWS, ENTITLED STORMWATER
QUALITY AND CONTROL.
COUNCIL BILL 04-2006 - AN ORDINANCE PROVIDING FOR A
REQUEST FOR REZONING FROM RESTRICTED COMMERCIAL (R-C)
TO PLANNED COMMERCIAL DEVELOPMENT (PCD) FOR PROPERTY
LOCATED AT 6690 W 44TH AVENUE.
(Case No WZ-05-14) (Kasay Abraham)
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 4.
Item 5.
Item 6.
Wheat Ridge Foundation Vacancy Appointments
RESOLUTION 07-2006 - FOR REFERENDUM C ACCOUNTABILITY
AND TRANSPORTATION FUNDING
Motion approving formation of Budget Oversight Committee
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
(QJni ~ IIm&S
CITY OF WHEAT RIDGE, COLORADO
January 23. 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7'00 p m Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble Also present: City Clerk, Pamela Anderson, City Manager,
Randy Young, Deputy City Manager Patrick Goff; City Attorney, Gerald Dahl, Director of
Community Development, Alan White, Police Chief, Dan Brennan, staff; and interested
citizens
APPROVAL OF MINUTES OF January 9, 2006
Motion by Mrs Sang for approval of the Minutes of January 9, 2006, seconded by Adams,
carried 7-0, with Mr Schulz abstaining
PROCLAMATIONS AND CEREMONIES
Mayor DiTullio congratulated the 6th Grade Essay Contest Winners, sponsored by ADP and
the Jefferson Foundation.
The winners were the following
Guage Rivera, Kullerstrand
Alexandra Silvester, Wilmore-Davis
Taylor Cole, Prospect Valley
Nicole Williams, Vivian
Brandon Cary, Pennington
Amy Anderson, Stober and Claire Livingston, Maple Grove; tied for First Place.
Recess was called at 7 09 P m for a short reception
The meeting resumed at 7.25 P m
APPROVAL OF AGENDA as printed
EXECUTIVE SESSION
Motion by Mr Stites to hold an Executive Session for a conference with the City
Attorney under Charter Section 5 7 (b) (1) and C R S 24-6-402 (4) (B) specifically
concerning threatening litigation regarding the Olinger Property at 7495 W. 29th Avenue
He further moved to return to the open meeting at the close of the executive session,
seconded by Mr Womble, carried 8-0
CITY COUNCIL MINUTES January 23, 2006
Page -2-
Recess called for executive session at 7.25 P m
EXECUTIVE SESSION WAS HELD.
The open meeting was resumed at 7 58 p m
Item 1.
CONSENT AGENDA:
A. RESOLUTION 01-2006 - APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) AMONG THE CITY OF WHEAT RIDGE, WHEAT
RIDGE FIRE DISTRICT AND PRIDEMARK PARAMEDIC SERVICES,
LLC FOR EMERGENCY MEDICAL SERVICES FOR THE CITY OF
WHEAT RIDGE RESIDENTS
B RESOLUTION 02-2006 - DESIGNATING THE OFFICIAL PUBLIC
NOTICE LOCATION AND THE OFFICIAL NEWSPAPER OF GENERAL
CIRCULATION FOR THE CITY OF WHEAT RIDGE, COLORADO
C PAYMENT TO COLORADO INTERGOVERNMENTAL RISK SHARING
AGENCY (CIRSA) FOR 2006 WORKERS' COMPENSATION PREMIUM
IN THE AMOUNT OF $396,793 AND 2006 PROPERTY/CASUALTY
PREMIUM IN THE AMOUNT OF $160,727
Consent Agenda was introduced and read by Mr Schulz.
Motion by Mr Schulz to approve the Consent Agenda, seconded by Mrs Sang,
carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
COUNCIL BILL 03-2006 - AN ORDINANCE AMENDING CHAPTERS 22
AND 11 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE
CONCERNING TAXATION AND BUSINESS LICENSING
Council Bill 03-2006 was introduced on second reading by Councilmember Gokey City
Clerk Pam Anderson assigned Ordinance No 1354
Mayor DiTullio opened the public hearing
City Sales Tax Auditor, Kathy Franklin, presented the staff report.
Mayor DiTullio closed the public hearing
Motion by Mr Gokey to amend Section 3 of Council Bill 03-2006 to provide that the
amendment to Code Section 22-40 (c) shall become effective January 1, 2007, and as
amended I move to approve Council Bill 03-2006 (Ordinance No. 1354) on second
reading and that it take effect 15 days after final publication, seconded by Mrs Sang
carried 8-0
CITY COUNCIL MINUTES January 23, 2006
Page -3-
Item 3.
PUBLIC HEARING ON 2005-2006 COMMUNITY DEVELOPMENT
BLOCK GRANT ALLOCATION (CDBG)
Mayor DiTullio opened the public hearing
Item 3 was introduced by Mrs Rotola Ms Anderson read the executive summary
Barbara Delgadillo, Assistant to the City Manager, presented the staff report. She
updated Council that the County has brought jurisdictional allocation to $336,059 00
Mayor closed the public hearing
Motion by Mrs Rotola to award the City's final 2006-2007 Community Development
Block Grant (CDBG) jurisdictional allocation for Phase III of the street and pedestrian
improvements of an area bounded by 46th Avenue and 1-70, Estes through Carr Streets,
seconded by Mr. Schulz; carried 8-0
Item 4.
A REQUEST FOR HISTORICAL LANDMARK DESIGNATION FOR
PROPERTY ZONED RESIDENTIAL-TWO (R-2) LOCATED AT 7495 W
29TH AVENUE
(CASE NO WHL-05-01)
PUBLIC HEARING CONTINUED FROM JANUARY 9, 2006
Mayor DiTullio asked that every person intending to speak on this item, including staff,
stand up and swear to tell the truth in this matter
Alan White, Community Development Director, presented the staff report. He entered
into the record an e-mail that was sent to some members of Council
Charlotte Whetsel, 8770 W 38th Avenue, updated Council on behalf of the applicant,
the Wheat Ridge Historical Society
Michael Sheldon, 5290 DTC Parkway, attorney for the property owner, testified in
opposition to the application
The following people spoke in support of the application
Ed Eastman, 2900 Vance Street
Marty Cahill, 2600 Quay Street
Rolly Sorrentino, 4175 Teller Street
Ruth Schultz, 3830 Garrison Street
Annette Temorio, 3050 Webster Street
CITY COUNCIL MINUTES January 23, 2006
Page -4-
Barbara St. John, 3480 Everitt Street, submitted petitions of support.
Mary Mills, 2945 Upham Street (also spoke at the previous meeting)
Marty Green, 7385 W 28th Avenue
Jill Blasco, 3045 Vance, submitted petitions to City Council of mostly people outside of
Wheat Ridge
Janelle Shaver, 8890 W 35th Avenue, submitted petitions of approximately 145
signatures It was easy to get the petitions and people were eager to sign
Their comments included fond memories from many years ago regarding their
associations with the property; they asked that Council should preserve the area's
landmarks whether or not they are historical landmarks, consider the public good, not
just what is in the interest of private enterprise and revenue to the City; a speaker asked
all those that supported the application stand, a number of people stood, he also asked
that those in opposition stand and there were no individuals that stood, they would like
the area to remain the same, the property balances the cemetery beautifully; it would be
great to keep 26th Avenue to 32nd Avenue as it is because of traffic; feel that there is an
underlying bias for the property owner
Council questions and comments followed
Claudia Worth, 4650 Oak Street, representing the applicant, was present to answer
Councilmembers' questions
Mayor DiTullio closed the public hearing
Motion by Mr Womble to continue Case No WHL-05-01 for action only at the City
Council meeting on February 27, 2006, to enable staff, the applicant and the property
owner to discuss options for preservation or re-use of portions of the property, with the
consent of the property owner; seconded by Mr Schulz.
Mr Gokey made a Substitute Motion to approve Case No WHL-05-01, a nomination
for historic landmark designation for the entire property located at 7495 W 29th Avenue,
for the following reasons
1 The site is associated with a person prominent in the community in the past.
2 The farmhouse and barn exemplify the broad cultural and social history of the
community
3 The farmhouse and barn embody characteristics of an architectural style of the
late 19th Century
4 The pergola is a rare example of an architectural type in the community
5 The Historical Society recommends the site be designated as an historical
landmark
Seconded by Mr Womble, tied 4-4 with Councilmembers Adams, Rotola, Berry and
Schulz voting no, failed 5-4 with Mayor DiTullio voting no to break the tie
Original motion to continue carried 8-0
CITY COUNCIL MINUTES January 23, 2006
Page -5-
Recess called at 9 20 p m
The open meeting resumed at 9 33 P m
DECISIONS, RESOLUTIONS. AND MOTIONS
Item 5.
Ratification of Mayoral Appointments.
Motion by Mrs Sang to ratify the At Large mayoral appointment of Dean Gokey to the
Urban Renewal Authority, term to expire November 2006, seconded by Mr Womble,
carried 8-0
ELECTED OFFICIALS' MATTERS
Mr Stites referred to the Council Rules of Order and Procedure that had been
distributed, the item will be on the Agenda on February 13, 2006
Meeting adjourned at 9 43 P m
1\
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I
Pamela Y Anderson, City Clerk
APPROVED BY CITY COUNCIL ON February 13, 2006 BY A VOTE OF _ to _
Mike Stites, Council President
The preceding Minutes were prepared according to S47 of Robert's Rules of Order, i e
they contain a record of what was done at the meeting, not what was said by the
members Tape recordings and video recordings of the meetings are available for
listening or viewing in the City Clerk's Office, as well as copies of Ordinances and
Resolutions
ITEM NO'
l. A,
REQUEST FOR CITY COUNCIL ACTION
I t~'$~ I
[OJ
COUNCIL MEETING DATE
February 13,2006
TITLE:
RESOLUTION 03-2006 - A RESOLUTION AMENDING THE
FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIA nON FOR THE ESTIP AGREEMENT PAYMENT TO
VM RENTALS IN THE AMOUNT OF $6,761.00.
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR I ST READING (Date. _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
~
No
, .-
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.....:J /....'-., > ljV~ j
Deputy City Manager
City~~?U~
EXECUTIVE SUMMARY:
The City entered mto a 50 percent Enhanced Sales Tax Incentive Program (ESTIP) Agreement With
VM Rentals on Apn115, 1997 The Agreement includes the properties ofVem's Restaurant, Vem's
Liquor and Walgreens located at the comer of 38th Avenue and Wadsworth Boulevard. The Agreement
expires after ten years or after $390,000 in enhanced sales taxes have been shared back to VM Rentals,
whichever comes tlrst. The 2005 General Fund Budget included $50,000 for the VM Rentals ESTIP
Agreement based on the City's 2 percent sales tax rate. The 2005 Budget was proposed before the
outcome of the sales tax rate increase initiative was known. Due to the fact that the City's sales tax
rate increased to 3 percent, effective January 1,2005, the total share back due to VM Rentals for the
2005 fiscal year was shghtly more than budgeted. Therefore, a supplemental budget appropriatlOn in
the amount of$6,761 is required to balance the 2005 Budget.
COMMISSION/BOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
None
AL TERNA TIVES CONSIDERED:
None
FINANCIAL IMPACT:
A supplemental budget appropriatlon IS requested in the amount of$6, 761 There are adequate funds
in the General Fund unreserved fund balance to meet this request. Because this is a 50 percent ESTIP
Agreement, the City has also received an additional $6,761 In revenues whIch wIll offset this Increase
in expendItures.
RECOMMENDED MOTION:
"1 move to approve ResolutIon 03-2006 A Resolution Amending the Fiscal Year 2005 General Fund
Budget to Reflect the Approval of a Supplemental Budget AppropnatlOn for the ESTIP Agreement
Payment to VM Rentals in the Amount of $6,761 00 "
or,
"1 move to postpone llldefinitely Resolution No 03-2006 - A ResolutIOn Amending the Fiscal Year
2005 General Fund Budget to Reflect the Approval of a Supplemental Budget AppropnatIon for the
ESTIP Agreement Payment to VM Rentals in the Amount of $6,761.00 for the following
reason(s)
Report Prepared by'
RevIewed by:
Patnck Goff, Deputy City Manager
Randy Young, CIty Manager
Attachments:
1 Resolution 03-2006.
01>0213 YM Rentals Supplemental CAF.doe
RESOLUTION 03
Series of 2006
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR
2005 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE ESTIP
AGREEMENT PAYMENT TO VM RENTALS IN
THE AMOUNT OF $6,761.00
WHEREAS, $50,000.00 was Included In the adopted 2005 Budget for the ESTIP
Agreement with VM Rentals based on the City's 2 percent sales and use tax rate; and
WHEREAS, the City of Wheat Ridge sales and use tax rate increased from 2
percent to 3 percent effectlve January 1, 2005; and
WHEREAS, enhanced sales tax for the VM Rental Agreement exceeded the
budgeted amount by $6,761.00;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2005 General Fund Budget be
amended accordingly, specifically transfernng a total of $6,761.00 from
General Fund unreserved fund balance into account #01-105-700-719.
DONE AND RESOLVED THIS _ day of February 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
ITEM NO' ~ I
REQUEST FOR CITY COUNCIL ACTION
{':":''-$~
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IU
COUNCIL MEETING DATE.
February 13,2006
TITLE:
RESOLUTION 04-2006 - A RESOLUTION AMENDING THE
FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION FOR THE ANNUAL SALES TAX INCREMENT
PAYMENT TO THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY IN THE AMOUNT OF $40,000.00
o PUBLIC HEARING
o BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date' _)
o ORDINANCES FOR 2ND READING
Quasi -1 udlcial.
o
Yes
~
No
.1 .- I
/i i '} /.1.,...../'
-.:./ . -
Deputy City Manager
~U9
City Manag ,
EXECUTIVE SUMMARY:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981 which
proVided for the utilization of sales tax increment in the commercial area east of Wadsworth
Boulevard, between West 38th Avenue and West 44th Avenue. The City adopted Resolution No 1559
on October 15,1996 to approve the Intergovernmental Agreement (IGA) between the City of Wheat
Ridge and the Wheat Ridge Economic Development and Revitalization Commission (ED ARC), now
the Wheat Ridge Urban Renewal Authority (WRURA), for the allocation of sales tax Incremental
revenue for the Wheat Ridge Town Center The IGA amended the Wheat Ridge Town Center Urban
Renewal Plan to: 1) include the new Safeway which moved into the Town Center urban renewal area;
2) set the allocatIOn of sales tax Increment revenue at 50 percent to WRURA and 50 percent to the
City; and 3) set the maximum sales tax increment to be utilized by WRURA at $100,000.00 per fiscal
year
The 2005 General Fund Budget Included $60,00000 for the Wheat Ridge Town Center sales tax
increment agreement based on the City's 2 percent sales tax rate. The 2005 Budget was proposed
before the outcome of the sales tax rate increase illltiative was known. Due to the fact that the City's
sales tax rate mcreased to 3 percent, effectIve January 1, 2005, and because of the success of the
Safeway remodel, the total share back due to the WRURA for the 2005 fiscal year reached the
$100,000.00 annual cap Therefore, a supplemental budget appropriation in the amount of$40,OOO 00
IS reqUIred to balance the 2005 Budget.
COMMISSIONIBOARD RECOMMENDATION:
None
STATEMENT OF THE ISSUES:
There have been a confusmg and internally inconsistent pattern of IGA' s between the City and the
WRURA on the subject of sales tax Increment shanng from the Town Center urban renewal area. In
order to close the financial books for the 2005 fiscal year, the current sales tax increment sharing
practice, which has been followed SInce 1995, will be continued. A permanent solution to address the
confuslOn and Inconsistencies wIll likely reqUIre a new IGA between the City and the WRURA. Staff
will bnng this subject forward m greater detail at a future City CounCIl study session.
AL TERNA TIVES CONSIDERED:
None
FINANCIAL IMPACT:
The 2005 General Fund Budget included a proJectlOn of$60,000 00 in sales tax increment revenues
from the Town Center urban renewal area. However, because of the sales tax rate increase and the
success of the Safeway remodel, the City actually collected approximately $231,184.00 in sales tax
Increment revenues. Because this is a 50 percent sales tax increment agreement and there is a
$100,000 00 cap on the amount to be utIlized by WRURA, the City WIll still realize an additional
$131,184.00 in revenues which will more than offset this Increase in expendItures. A supplemental
budget appropnation is requested in the amount of $40,000 00 There are adequate funds In the
General Fund unreserved fund balance to meet this request.
RECOMMENDED MOTION:
"I move to approve Resolution 04-2006 - A ResolutlOn Amending the Fiscal Year 2005 General Fund
Budget to Reflect the Approval of a Supplemental Budget AppropriatlOn for the Annual Sales Tax
Increment Payment to the Wheat RIdge Urban Renewal Authority In the Amount of $40,000.00 "
or,
"1 move to postpone indefinitely Resolution 04-2006 - A Resolution Amending the fiscal Year 2005
General Fund Budget to Reflect the Approval of a Supplemental Budget AppropriatlOn for the Annual
Sales Tax Increment Payment to the Wheat Ridge Urban Renewal Authority in the Amount of
$40,000 00 for the follOWIng reason( s) "
Report Prepared by'
Reviewed by:
PatrIck Goff, Deputy City Manager
Alan White, Community Development Director
Jerry Dahl, City Attorney
Randy Young, City Manager
Attachments:
I Resolution 04-2006
060213 Town Center Supplemental CAr (2).doc
RESOLUTION 04
Series of 2006
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR
2005 GENERAL FUND BUDGET TO REFLECT
THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION FOR THE ANNUAL
SALES TAX INCENTIVE PAYMENT TO THE
WHEAT RIDGE URBAN RENEWAL AUTHORITY
(WRURA) IN THE AMOUNT OF $40,000.00
WHEREAS, $60,000 was mcluded in the adopted 2005 Budget for the sales tax
incentive payment to WRURA based on the City's 2 percent sales and use tax rate; and
WHEREAS, the City of Wheat Ridge sales and use tax rate mcreased from 2
percent to 3 percent effective January 1,2005, and
WHEREAS, Resolution No. 1559-1996 set the maximum sales tax increment to
be utilized by WRURA at $100,000.00; and
WHEREAS, sales tax increment revenue exceeded the budgeted amount by
$40,000.00 up to the cap of $1 00,000 00;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2005 General Fund Budget be
amended accordingly, specifically transferring a total of $40,000.00 from
General Fund unreserved fund balance into account #01-105-700-720
DONE AND RESOLVED THIS _ day of February 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
ITEM NO.
\. C I
REQUEST FOR CITY COUNCIL ACTION
t","C$~'
nn un
~
COUNCIL MEETING DATE'
February 13,2006
TITLE:
RESOLUTION 05-2006 - A RESOLUTION AMENDING THE
FISCAL YEAR 2006 BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE
REAPPROPRIA nON AND REENCUMBRANCE OF 2005 FISCAL
YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $2,716,616.45
o PUBLIC HEARING
o BIDS/MOTIONS
I:8J RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date' _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial.
o
Yes
~
No
~'-J.a
City Man r es-
EXECUTIVE SUMMARY:
The CIty currently utilizes encumbrance accounting. Encumbrances are financial commitments related
to unperformed contracts for good or services. Encumbrance accounting allows encumbered funds to
be carried over from year to year, in reserve accounts, until the project is completed Without the
reappropriatIon of the funds into the next year's budget. The city's independent audItor has
recommended that the city utihze generally accepted accounting principles (GAAP) for its budgetmg
baSIS and reappropnate encumbered funds into the next year's budget.
To reappropriate encumbered funds into the 2006 Budget, a supplemental budget appropriatIon,
adopted by resolution, IS required. There were 35 open purchase orders from 2005 and 11 purchase
orders in reserves from previous years that were closed on December 31, 2005. Each purchase order is
associated with a speCific project that was not fully completed in the 2005 fiscal year. The funds which
wen: encumbered for these purchase orders were transferred to the unreserved fund balance of the
relevant fund when the purchase orders were closed. To continue these projects in 2006, a
supplemental budget appropriation is necessary to transfer these funds mto specific budget line items
in the 2006 Budget as detailed in the attached spreadsheets.
COMMISSION/BOARD RECOMMENDATION:
Swanhorst & Company LLC, the cIty's independent auditor, Illcluded the following note and
recommendatIon in their 2004 Audit Management Letter dated March 25, 2005
The City currently utilizes encumbrance accounting. State budget law reqmres the re-
appropriatlon of purchase orders and projects for each new budget year While the
City is a home-rule city and is not required to follow the State law, current practice
throughout Colorado does not include the use of encumbrances. We recommend that
the City consider utilizing generally accepted accounting pnnciples (GAAP) for its
budgeting basis. This will allow the City to use a single basis of accounting and
simplify the budgeting and accounting processes.
City Council accepted the 2004 ComprehenSive Annual Financial Report on August 8, 2005 and
approved a motion to dIrect staff to implement this recommendatlOn.
STATEMENT OF THE ISSUES:
None
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
A supplemental budget appropnation IS requested in the amount of$2,716,616.45. When the purchase
orders were closed on December 31, 2005 the funds encumbered for those purchase orders were
transferred to the unreserved fund balance in each of the following funds. Therefore, there are
adequate funds III the vanous unreserved fund balances to meet this request and there will not be a net
negative effect to the unreserved fund balances. The funds will be distributed as follows. A detailed
ltst of open purchase orders for 2005 and reserves from previous years IS attached.
General Fund
Police InvestIgation Fund
Capital Investment Fund
Open Space Fund
Conservation Trust Fund
Total
$767,11618
$14,149.50
$1,698,605.59
$177,92548
$58,819,70
$2,716,61645
RECOMMENDED MOTION:
"I move to approve Resolution 05-2006 - A Resolution Amendmg the Fiscal Year 2006 Budget to
Reflect the Approval of a Supplemental Budget AppropriatlOn for the Reappropriation and
Reencumbrance 0[2005 Fiscal Year Encumbered Funds III the Amount of$2,716,616.45."
or,
"1 move to postpone mdefinitely Resolution 05-2006 - A Resolution Amending the Fiscal Year 2006
Budget to Ret1ect the Approval of a Supplemental Budget Appropriation for the Reappropriation and
Reencumbrance of 2005 Fiscal Year Encumbered Funds in the Amount of $2,716,616 45 for the
following reason(s)
Report Prepared by'
Reviewed by'
Patrick Goff, Deputy City Manager
Randy Young, City Manager
Attachments:
1 Open Purchase Orders for 2005
2. Reserves from PreViOUS Years
3 Resolution 05-2006
0602 \ 3 2006 Budget Reappropriation.doc
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ATTACHMENT 2
RESOLUTION 05
Series of 2006
TITLE:
A RESOLUTION AMENDING THE FISCAL YEAR
2006 BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION
FOR THE REAPPROPRIATION AND
REENCUMBRANCE OF 2005 FISCAL YEAR
ENCUMBERED FUNDS IN THE AMOUNT OF
$2,716,616.45
WHEREAS, the City currently utilizes encumbrance accountmg which allows
encumbrances to be carrIed over from year to year; and
WHEREAS, the City's independent auditor has recommended that the City
utIlize generally accepted accounting principles (GAAP) for Its budgetmg basis which
requires all encumbrances to expire at year end, and
WHEREAS, 35 open purchase orders from 2005 and 11 purchase orders in
reserve accounts from previous years were closed on December 31,2005; and
WHEREAS, to continue these projects m 2006 a supplemental budget
appropriatlOn is necessary to transfer the funds from unreserved fund balances to specific
2006 Budget line Items,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge fiscal year 2006 Budget be amended
accordingly, specifically transferring a total of$2,716,616 45 from the
following unreserved fund balances to specific 2006 Budget line items as
detailed in the attached spreadsheets.
General Fund
Police Investigation Fund
Capital Investment Fund
Open Space Fund
Conservation Trust Fund
Total
$767,116 18
$14,149.50
$1,698,605.59
$177,92548
$58,819.70
$2,716,616.45
DONE AND RESOLVED THIS _ day of February 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 3
ITEM NO:
1'.])1
REQUEST FOR CITY COUNCIL ACTION
'~$~'
ccc ~~ ~[un
COUNCIL MEETING DATE:
February 13,2006
TITLE:
RESOLUTION 06-2006 - A RESOLUTION ACCEPTING THE
MEMORANDUM OF UNDERSTANDING FOR THE DENVER
METRO AUTO THEFT TEAM (DMA TT)
o PUBLIC HEARING
o BIDS/MOTIONS
[g] RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date._)
o ORDINANCES FOR 2ND READING
Quasi-Judicial.
o
Yes
[g]
No
City~~~
EXECUTIVE SUMMARY:
In 2004, several Denver metro-area law enforcement agencies met to discuss the possibihty of pooling
resources to combat the mcreasing problem of auto theft, vehicle insurance fraud and the CrImes
relating to automobiles, l.C crimmal trespass. As a result of these discussions, a concept was
developed to formalize relatlOnshlps between participating agencies to maximize mter-agency
cooperation in the mvestigation ofthese crimes. The Denver Metro Auto Theft Team (DMA TT) was
created to assist m the pooling of resources to address these crimes. Operationally DMATT is
coordinated through Colorado State Patrol. Money for equipment, services and overtime for the
operation of the team has been donated by several area insurance companies.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The CrImes of auto theft, vehicle insurance fraud and CrIminal trespass to automobiles is mcreasing at
an alarmmg rate. The sophistication of these criminals is mcreasing as well. The financial and
personnel resources of every metropohtan law enforcement agency has been taxed beyond their abihty
to combat these problems alone The criminals steahng automobiles and committing criminal
trespasses to automobiles in Wheat Ridge are also committing these CrImes in other jurisdictIons in the
metro-arca.
DMA TT offers the Wheat Ridge Police Department the opportunity to call upon other resources to
thoroughly investlgate organized groups, repeat offenders and those mdividuals, groups or
orgamzations that benefit from or support this type of cnminal activIty By establishmg a team of
inveshgators we can be more effective and proactive in addressing these cnmes.
The Wheat Ridge Police Department is only obliged to provide manpower when the opportunity
allows us to do so The department would be responsible for the cost of any investigator(s) salary
mcurred dunng the inveshgation. By partIcipating in the DMA TT, the department could request
assistance from several agencies for experienced mvestigators, allowing manpower Intensive
operahons such as surveillances or extensIve searches to be accomplished.
AL TERNA TIVES CONSIDERED:
1 Contmue to respond to these criminal activities using our hmited personnel and finanCIal resources.
2. Become a partIcipating member of the Denver Metro Auto Theft Team.
FINANCIAL IMPACT:
The finanCIal impacts to the Wheat Ridge Pohce department are mlmmal. We would be reqUIred to
pay the salary or overtIme costs for our personnel. Overtime is approved by a supervIsor m advance
RECOMMENDED MOTION:
"I move to Approve Resolution 06-2006 - A Resolution Accepting the Memorandum of
Understanding for the Denver Metro Auto Theft Team (DMATT)"
or,
"I move to postpone indefimtely Resolution 06-2006 - A Resolution Accepting the Memorandum of
Understanding for the Denver Metro Auto Theft Team (DMA TT) for the following reason(s)
Initiated by'
Report Prepared by'
ChIef Damel G Brennan
Sergeant Kevin Armstrong
Attachments:
1 Denver Metro Auto Theft Team Memorandum of Understanding
2. Resoluhon 06-2006
060213 OMAn Council Action form (2).doc
MEMORANDUM of UNDERSTANDING
Denver Metro Auto Theft Team
(Revised. 1/19/05)
This Memorandum of Understandmg (MOU) is entered mto by the Sheriffs, Chiefs or
Law Enforcement Agency Director (or then designees) of the agencies who subsequently
agree to the terms of this MOU.
Purpose:
The purpose of this Memorandum of Understanding is to outlllle the overall mission of
the Denver Metro Auto Theft Team (DMATT) and delineate the responsibihties between
the participating member agencies listed above and any additional agencies that have
agreed to this MOU
This MOU will formalize relationshIp between partlclpatmg agencies for pohcy
gUidance, planning, training, public relations and media relatlons in order to maximize
mter-agency cooperation. This will also create a coheSive unit capable of addressing the
emerging organized auto theft problem facing Colorado Law Enforcement agencies
statewide.
Each participatmg agency agrees that ItS law enforcement personnel and/or its equipment
may be used m conductmg overt and covert mvestigations lllvolving organized- or
multiple-motor vehicle thefts, chop shops and fencing of stolen motor vehicles and/or
motor vehicles parts.
This Memorandum of Understandmg provides functlOns or services, including the
sharing of services or functions by political subdivisions of the State of Colorado,
specifically authorized by CRS 29-1-203 (2004).
In addition this MOU sets forth the intent of the signatories to participate hereto in this
orgamzation (DMA TT) This MOU is not a legally binding document and is not
intended to confer remedies on any party in the event of its breach.
Mission:
The mission of the Denver Metro Auto Theft Team is to combat auto thefts and vehicle
msurance fraud. ThIS will be accomplished by thoroughly mvestlgating organized groups,
repeat offenders and those individuals, groups and or organizations that benefit from or
support this type of cnmmal actiVity
. DMA TT will work closely with prosecutors in preparing cases m which the
Colorado Organized Crime Control Act (COCCA), If appropnate, can be
implemented.
. DMA TT will be proactive in the use of "stmg" operations, bait vehicles and
mformants to penetrate orgamzed groups of auto thieves.
ATTACHMENT 1
· DMATT will also be proactive by enforcing the "Dally Business Record" statute
for tow compames, auto salvage yards and auto repair busmesses.
. DMATT, upon request, will assist member agencies with large, and/or organized
multi-Junsdlctional auto theft related investigations.
. DMATT will participate with other Federal, State or Local Law Enforcement
Task Forces that request our assistance on auto theft related Issues.
. DMA TT will work closely with the Colorado Auto Theft Investigators (CA TI)
organization to educate the public and provide introductory and advanced auto
theft trainmg to other Law Enforcement agenCies.
Participation:
Initially, It is anticipated that for at least the first year the DMA TT wIll be a part-tIme
organizatIon designed to faclhtate complex vehicle Crime investIgatIOns. It is not mtended
to be a full-time task force, requiring assignment of personnel at this time. DMATT will
be actIvated when a member agency has a multi-junsdlctlOnal auto theft mvestigation and
reqUires additIOnal manpower to properly investigate the case.
Agencies requesting activatIon of DMA TT must be able to assign a minimum of one
Investigator or Detective to participatc in Team operatlOns and that member agency's
personnel will serve as case agent and may makc available a co-supervisor for the Team
for the purpose of operational plan review and field supervIsion during search and arrest
warrant executIOn WIthin that JunsdictlOn.
Agency heads or designees are mVlted to quarterly briefings from the Project Director
Such briefings wIll also scrve as a forum to address any issues of mutual concern to the
participating agencies.
Composition:
DMA TT will consist of a combmed law enforcement body from the agreeing agenCIes
with the Colorado State Patrol as the lead agency In additlOn, any addItional
particlpatmg agency that subsequently agrees to the terms of thiS MOU will support
DMATT Each partlcipatmg agency agrees to provide manpower to allow DMATT to
accomphsh ItS mIssion.
Speclfic control of Team members shall be retained by the respectIve partiClpatlllg
agency heads or designee, who will be kept lllformed of all investIgative developments
by their respective subordinates.
The primary DMA TT supervisor WIll be the CSP Sergeant or other designated ofticer as
aSSigned by the Colorado State Patrol to supervise the Team.
Liability:
Each particlpatmg agency acknowledges that applicable Colorado State laws govern
hability for negligent or wrongful acts or omiSSIOns committed by its employees while
they are partiCipating as a member of DMA TT. Liability for negligent acts or omissions
2
are the sole responsiblhty of each of the particlpatmg agencies or employees and none of
the agencies or employees waive the benefits or obhgations of the Colorado
Governmental Immumty Act; C.R.S. 24-10-101. Participating agencies and individual
team members agree they will not be responsible or liable for acts performed by
personnel of other member agencies while performing DMA IT activitIes.
Each participatmg agency will be provided with a copy of the Operational Guidelmes for
the Team. Each Team member will be required to follow the rules and regulations of their
parent agencies unless Team guidelmes arc more strict.
Each participating member remains an employee of their parent agency and each agency
is responsible for salary, worker's compensation, and other benefits atforded their agency
members.
Salary/Overtime:
The Colorado State Patrol wIll issue purchase orders that authorize the reimbursement of
overtime incurred in furtherance ofteam objectives as outlined in the Denver Metro Auto
Theft Team OperatIOnal Guidelines.
Assignment of Cases:
All cases assigned or developed by the Team will be jointly mvestlgated by the DMA TT
Thc development of teams wIthin the DMA TT may be necessary to effectively
accomplish the miSSIOn. Such teams will consist of a Team member from the requestmg
agency and a Colorado State Patrol Investigator and any additional detectives as needed.
It is agreed that umlatcral actIOns on the part of one agency will not be under-taken, as
such actlOns run contrary to the multi-jurisdictional spint if the Colorado Auto Theft
Prevention Authonty (CATPA) legislatlOn. All law enforcement actions will be
coordinated and cooperatively carried out.
Use of Rocky Mountain High Intensity Drug Tratlickmg Area (RMHIDT A) Watch
Center is mandatory for DMA TT operatIOns to aVOId conflicts with another agency or
task force operation.
Records:
All Team investigative records will be maintained in a secure 10catlOn by the imtiatmg
agency. Copies of all documents generated by the Team With respect to a Team
investigation shall be provided to DMA TT unless prohibited by that agency's regulations,
and/or applicable State or Federal law.
Classified informatIOn and/or documents contaimng mformation that Identities or tends to
Identify a DMA TT informant shall be maintained by the initiating agency in accordance
with that agency's policies regarding intelligence and contidentiallllformant handling.
3
Prosecutions:
The detective. supervisor, appropriate dIstrict attorney and the Colorado Attorney
General Office will make a determinatIOn, on a case-by-case basIs, whether the filing of a
speCific Team investigatlOn should be filed with the District Attorney or the State
Attorney General's Office The determmation wIll be made at the earl1est possible time
based on the eVidence obtained and a consideration of whIch level of prosecution would
be of the greatest benefit to the overall objectives of the Team.
Incidents involving Team Members:
Should a Team member be mvolved m a "critical inCident" (deadly force encounter)
relatmg to and m the scope of Team duties, estabhshed cntical mCldent teams wIll be
utIlized. InvestIgation of critIcal mcidents that occur in areas without a critIcal inCIdent
tcam will be investlgatcd by the agency having Junsdlction. Investigative assistance may
be requested from the Colorado Bureau of InvestIgations as needed. The agency of the
member mvolved m the incident will be responsible for conductmg their own internal
mvestigation. Should Team members from more than one agency bccome mvolved in an
mcident, partIcipatmg agencies in this MOU agree to conduct independent investigations
unless It is determined by the appropnate supervisor that a jomt mvcstIgatIon would be m
the bcst mterest of the agencies involved. Any critIcal inCident mvolvmg the use of
deadly force occurring in the City & County of Denver will be investigated under the
directIOn of the Crimes Against Persons Bureau undcr the most recent verSlOn of the
guidelmes set forth in the Denver Pohce Department's OperatlOns Manual.
However, If It is agreed that the agencies involved m an incident Will conduct their own
mvestIgation, It is agreed that each agency will conduct their respective investigatIOn in a
manner that doesn't intcrfere with or hamper the mvestIgation(s) of other agency(s)
The Denver Metro Auto Theft Team permanent supervisor w1l1 notify the parent agency
supervisor many mstance of a complamt against a Team member ansing from Team
duties. Thc parent agency IS solely responsible for admimstratIve investigatIOns and
complaint resoluhon for their employee and any disclplmary or correctIve action will be
the prerogative of the team member's agency
Investigative Methods:
The ma.lonty of the Team cases will be prosecuted on the State level. Therefore, the
participants of the Team agree to conform to State standards concernIng the collectIOn,
processmg and storage of eVidence and electronic surveillance. In addihon, the use of
other mvestIgative methods (search warrant, intercepts of oral communication, etc...) and
reportmg procedures in connection therewith w1l1 be conSistent with the policy and
procedures of the State of Colorado and each participating agency Evidence will be
maintained and processed by the mitiating agency under that agency's established
guidelines.
4
Undercover Operations:
All Team operations will be conducted and reviewed m accordance with Team guidelines
and applicable State and Federal laws.
Informants:
Informant handhng and documentation wIll be conducted III accordance with the
Imtiating agency's policy. Informants will need to be registered wIth DMA TT and obtain
a DMA TT number for tracklllg purposes.
No documents will be prepared or disseminated outside the Team that would identify or
tend to identify a Team Illformant. When possible, the informant will be referred to by a
code name or number so as not to reveal his/her identity.
If any information on a confidential informant (CI) becomes the subject of a discovery
motion or court order III any State, Federal or Local proceedmg, all participating agencies
agree that they will notify each other prior to disclosure. Each agency will attempt to
protect the mterest of the other participating agencies III addition to its own mterests and
those of the CI.
Each agency's designated supervisor will oversee all aspects of Illformant development,
control and management in furtherance of the Team mvestigations.
Vehicles:
All participating agencies agree to supply their Team members with a vehicle for use by
their employee. All vehicles assigned to a Team member, except m emergency, will be
driven by that agency's personnel. Expenses related to the operation of that agency
vehicle shall be the responsibility of that agency
Property:
Property and eqUipment of the Team WIll be properly maintained and cared for by
members. Any eqUipment on loan to the Team, by a participatmg agency, that is damaged
while in use dunng a Team operation will be repaued or replaced at Team expense
Media Relations:
The DMA TT commander or his /her designee has the responsibility to coordinate the
release of information to the news media and to the pubhc through the Public Information
Otlicer of the involved Jurisdiction and the Colorado State Patrol Public Affairs Section.
Media inquiries made to individual participating agencies shall be referred to the
DMATT commander At major crime scenes or following major mCldents, the DMATT
commander or designee WIll coordmate With the Public InformatlOn Officer of the
Junsdlction(s) involved to ensure appropriate and accurate news releases are made. The
5
DMA TT commander or designee will ensure that each member agency receives equal
public recogmtlOn for pubhcized Team operations.
Duration:
The term of this MOU is for the duratlOn of the Team's operation. Any participating
agency may withdraw from the Team at any time by written notification to the Team
commander at least 30 days pnor to withdrawal. Upon termination of the MOU, all
eqUipment provided by the DMA TT will be returned to the Team.
Modification:
This agreement may be modI tied at any tIme by written consent of all partiCipating
agenCles through the Team Commander ModificatIOns to this MOU shall have no force
and effect unless such modificatlons are reduced to wrltmg and signed by an authorized
representative of each partlcipatmg agency
Forfeitures:
The agency tilmg the cnminal case will be responsible for processmg assets seized for
forfeiture m conjunction With Team operations. Asset forfeitures Will be conductcd in
accordance with rules and regulatlOn set forth by the Fedcral government or the State of
Colorado and DMA TT Operational GUidelines. Participatmg agencies agree that any
rccoverable forfeiture, attnbutable to a Team investigation, will be donated to the
Colorado Auto Theft Prevention Authonty under thc gUidelines established m C .R.S. 42-
5-112 (4)(a).
Organization:
The Team Commander will assure that DMA TT has the equipment, traming and support
necessary to carry out its misslOn. The Project Director WIll be the authorized signer for
Issues related to the DMA TT organization and operation.
The permanent Team Supervisor (CSP Sergeant) will have field supervisory
responsibIlity of all team members dunng DMA TT actlvitIes and will ensure that
DMATT OperatIOnal Guidelines are followed.
The Colorado Attorney Gencral Office will serve as legal adVisor to DMA TT
6
Participatin~ Agency signature(s)
By signing this Memorandum of Understandmg your agency agrees to conditlOns set
forth m the memorandum and the Operational Guidelines for the Denver Metro Auto
Theft Team.
Agency-
Date-
I
12005
Please print Agency Name
Name-
Authorized Signature
Colonel Mark V Trostel
Chief-Colorado State Patrol
7
RESOLUTION 04
Series of 2006
TITLE:
A RESOLUTION ACCEPTING THE MEMORANDUM OF
UNDERST ANDING FOR THE DENVER METRO AUTO
THEFT TEAM
WHEREAS, the Wheat Ridge Police Department will work III partnership with
other metropolitan area law enforcement agencies to combat auto theft and criminal
trespasses by signing the Memorandum of Understanding;
WHEREAS, the mission of the Denver Metro Auto Theft Team is to reduce the
incidents of auto theft, vehicle msurance fraud and criminal trespasses in the metro-area,
benefitmg the citizens of Wheat Ridge;
WHEREAS, the Wheat Ridge Police Department will engage in proactive
enforcement with other law enforcement agencies to reduce the number of auto thefts,
vehIcle insurance fraud and CrIminal trespasses, and
WHEREAS, the only financial impact to the City of Wheat Ridge is the salary
and overtime costs for our employees.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
The Wheat Ridge Police Department will become an active member of the
Denver Metro Auto Theft Team.
DONE AND RESOLVED THIS 13lH DAY OF FEBRUARY 2006
Jerry Ditullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 2
ITEM NO' ~,
REQUEST FOR CITY COUNCIL ACTION
~~~~
~$~'
ru
COUNCIL MEETING DATE.
February 13, 2006
TITLE:
ALLOCATION OF $40,000 FROM THE 2005 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO THE WHEAT RIDGE
BUSINESS DISTRICT
o PUBLIC HEARING
IZl BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date _)
o ORDINANCES FOR 2ND READING
Quasi -J udicial
o
Yes
IZl
No
City~~
EXECUTIVE SUMMARY:
The 38th Avenue Business District Board of Directors was appomted at the August 12,2002 City
CouncIl meetmg. At that same meeting, the allocahon of $93,500 from the Capital Investment
Program (CIP) unallocated fund balance to the 38th Avenue Busmess District was approved. 2003,
2004 and 2005 funding in the amount of$40,000 each year was allocated from the CIP budget to the
38th Avenue Busllless Dlstnct. In 2005 the 38th Avenue Business District changed Its name to the
Wheat Ridge Business District. The CIP budget approved dunng the 2006 budget process allocates
$40,000 from the CIP budget account 30-610-700-721 to the Wheat Ridge Business Distnct.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
AL TERNA TIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
The $40,000 was approved during the 2006 budget process m the CIP budget, account 30-610-700-
721
RECOMMENDED MOTION:
"! move to allocatc $40,000 from CIP account 30-610-700-721 to the Wheat Rldgc Business District.
or,
"I move to deny the allocatton of $40,000 from CIP account 30-61 0-700-72! to thc Whcat Rldgc
Busmess Dlstnct for the followmg reason( s)
Rcport Prepared by' Debbic Mcixncr, Executive Assistant
Attachments:
1 Capital Investment Program Descnptton
On0213 council action WR bus district.doc
~
Capitallnve.stment Program
PARKS AND RECREATION CAPITAL PROJECTS
1. Parking Lots and Drives Improvements 2006 Budget. $80,000
Description: The Anderson Park parkmg lots will be repaired.
Justification: The parking lots are deteriorated and require mamtenance.
1.
ECONOMIC DEVELOPMENT
Wheat Ridge Business District
2006 Budgct: $40,000
Description: Financial assIstance for the operation of the Wheat Ridge BUSllless District.
Justification: Assist in the revltahzation ofthe commercial sections ofthe City
1.
MUNICIPAL CAPITAL PROJECTS
City Hall Improvements
2006 Budgct: $395,000
Dcscription: The HVAC hot water system is scheduled for replacement in the last phase of the
HV AC replacement project. AdditIOnal Pohce Communications Bureau improvements to the
radiO system and independentAC UllltS are programmed. Approximately one halfofthe City
Hall dnveway and parking lots will be reconstructed. Security upgrades to the bUlldmg will also be
mstalled. AdditIOnal undctcnmncd maintcnancc projects will be addressed as determined.
Justification: The heatlllg and air condltlOnmg system at City Hall is essentially the origmal
equipment installed when the buildlllg was constructed. The controls for the equipment were
replaced as a 2004 CIP project as phase I of a HVAC replacement plan. In 2005, Phase 2
consisted ofreplacing the chilled water system. The final phase of the project will replace the
hot water heatmg equipment.
An evaluatlon of the mechalllcal and electncal systems associated WIth the Police
CommUlllcatlOns Bureau was conducted m 2003. The priority Improvements were constructed
m 2005 The remaining items are scheduled for completion in 2006
The dnveway and parkmg lots were evaluated III 2004 and found to have substantial damage
and inadequate dram age and subgrades. Replacement ofthe pavement and addition of storm
drams IS proposed m phases over two years.
2.
GIS Updates
2006 Budget: $200,000
Description: A GIS base map WIll be developed. The street nghts-or-way layer will also be
created in phase I
Justification: There IS great need to develop a GIS for use by all departmcnts m thc City The
GIS will be a valuable aid m advancing work and responding to requests for informatIOn from
thc public.
ATTACHMENT 1
201
ITEM NO. J, F.
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
February 13, 2006
~14
TITLE:
MOTION TO ADOPT REVISED CITY COUNCIL RULES OF
ORDER AND PROCEDURE (Revised January 2006)
D PUBUC HEARING
[8J BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR I ST READING (Date' _)
D ORDINANCES FOR 2ND READING
Quasi-Judicial
D
Yes
[gJ
No
~,~, ~~
Ity CIeri(
C"y~1-
EXECUTIVE SUMMARY:
At the December 19, 2005 Study Session, the CITY COUNCIL RULES OF ORDER AND
PROCEDURE were discussed, and City Council proposed several amendments for revision. A draft
copy ofthe CITY COUNCIL RULES OF ORDER AND PROCEDURE (Revised, January 2006) is
attached. The draft Rules were submitted by CouncIl President Stites at the January 23,2006 Regular
CIty Council Meeting.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
According to current City CouncIl Rules, the Rules "wIll be reviewed by Council within three months
of an election or filhng ofa vacancy ofMember(s) of Council The rules may also be reviewed upon
request of any member of Council." The Rules may be amended, or newly revised Rules adopted, by a
majority vote of City Council Members provided that the proposed draft has been submitted in writing
at a preceding meetmg.
ALTERNATIVES CONSIDERED:
Amend the document or deny the adoption of the current draft.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to adopt the CITY COUNCIL RULES OF ORDER AND PROCEDURE, Revised January
2006 ,-
or,
"I move to deny the adoption of the CITY COUNCIL RULES OF ORDER AND PROCEDURE for
the followmg reasons "
Attachments:
I. CITY COUNCIL RULES OF ORDER AND PROCEDURE, Revised January 2006.
Report Prepared by.
Reviewed by.
Pam Anderson, City Clerk
Randy Young, City Manager
RULES OF ORDER AND PROCEDURE
FOR THE CITY COUNCIL
OF THE CITY OF WHEAT RIDGE COLORADO
Revised January 2006
AUTHORITY:
The Charter of the City of Wheat Ridge provides that the Council may determine its own
rules of procedure for meetings The following set of rules shall be in effect upon their
adoption by the Council until such time as they are amended or new rules adopted in the
manner provided by these rules
GENERAL RULES
A. ABSENCE FROM MEETINGS:
In the event that a Council Member is absent from a meeting, the member shall
notify the City Clerk, and the City Clerk will duly notify the City Council at the
beginning of the meeting why said Council Member is absent.
B. RIGHT OF THE FLOOR:
1 The presiding officer must first recognize each Council Member
requesting to speak on an agenda item unless limited by a motion to limit
debate or for calling the question
2 Speakers shall confine themselves to the question under discussion All
discussion must be germane to the agenda item
3 Members of Council shall avoid personal attacks and refrain from
impugning the motives of any member's argument or vote
4 Each Council Member shall have the right to speak two (2) times for up to
five (5) minutes each time to ask questions on each agenda item
Answers to questions will be included in the time and the time will not be
cumulative Before a vote, each Council Member shall have an additional
three (3) minute period to make a summation
5 No Council Member shall be allowed to speak more than once upon any
one agenda item until every other member choosing to speak thereon
shall have spoken
6 Once a vote has been taken, there shall be no further discussion on that
motion or Agenda Item unless a motion to reconsider is adopted
ATTACHMENT 1
7 In the event of an amendment, the maker of the amendment shall have
one (1)- three (3) minute period to make the amendment and speak to the
amendment. All other members of Council shall have one (1)- two (2)-
minute period to speak to the amendment.
C. ELECTED OFFICIALS' MATTERS:
This is the time that elected officials and staff may make comments on any
subject. Time limit per elected official and staff will be five (5) minutes
D. CITY ATTORNEY:
The City Attorney, or acting City Attorney, shall attend all meetings of the
Council unless excused by the City Council and shall, upon request, give an
opinion, either written or oral, on the question of law
E. CITY CLERK:
The City Clerk, or designated representative, shall attend all meetings of
Council and shall keep the official minutes
F. PARLIAMENTARIAN:
1 The City Council President shall also function as the Council
Parliamentarian
2 The Parliamentarian shall advise the Chair and members of Council on
parliamentary rules
TYPES OF MEETINGS
A. BUSINESS MEETINGS:
1 The Council meets in the Municipal Building for Business, Study,
Adjourned, and Special Meetings, unless otherwise specified
2 Council Business Meetings are held the second and fourth Mondays of
each month at 7.00 PM unless otherwise specified
3 Study Sessions are the first (1st) and third (3rd) Monday of each month
at 630 pm., unless otherwise specified
4 Study Sessions shall be for the purpose of discussion of concepts and
ideas. No formal business shall be conducted Consensus votes
during all Study Sessions are non-binding, and unless the issue is
2
disposed of at a Business, Adjourned, or Special Meeting, may be
amended or reconsidered in that or any future Study Session
B. SPECIAL MEETINGS AND EMERGENCY MEETINGS:
Special meetings are called by the City Clerk on written request (Charter-Sec.
5.2)
C. ADJOURNED MEETINGS:
Any Meeting of the Council may be adjourned to a later date and time,
provided that no adjournment shall be for a period longer than the next
Council Business Meeting
D. EXECUTIVE SESSIONS:
1 The Council may meet in Executive Session on a vote of a majority of
City Council in a regular business meeting (Charter-Sec 5 7)
2. No notes may be taken during an Executive Session except by the
City Clerk and/or City Attorney
3 If at any time during the session, a Council Member feels that a matter
is being discussed other than that stated, that member should so state
and may request that the session be terminated Upon consensus
vote of Council Members present, the session shall be terminated
E. INFORMAL MEETINGS:
1 Five (5) or more members of Council may attend informal meetings
held for the purpose of acquiring information and discussion topics
provided that public notice of the meeting is posted in the location
establishing for posting of all Wheat Ridge meetings at least 72 hours
prior to the meeting, listing the topic of the meeting, its location, time,
and date The location of this posting shall be the bulletin board
outside the City Court room in City Hall.
a) Copies of the notice shall be given to all City Council Members,
the City Clerk, at least 72 hours before the meeting
b) The City Clerk is responsible for the posting of the Meeting
2. Any THREE or FOUR Council Members may attend informal meetings
held for the purpose of acquiring information and discussing topics.
SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO
NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE
TAKEN
3
3 Meetings involving no more than two Council Members, whether in
person or by telephone, shall not be subject to any of the requirements
in this Rule F
4 In no event, shall any vote or other action or decision be taken This
Rule (E) (4) shall not apply to standing Council Committees
5 All Meetings shall be open to members of the public and the press
F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS:
1 The purpose for this rule is to permit the City to be represented by its
elected officials at meetings of other groups or organizations, including,
without limitations, intergovernmental organizations, neighborhood
organizations, business and service organizations, and other
organizations or groups with whom the City has a relationship
2 Any member of Council and the Mayor may attend meetings of other
groups without prior notice, provided however, that any such meeting, if
attended by three or more members of the Council, is open to the public,
pursuant to Section 24-6-401, et seq , C R.S
3 Social gatherings, at which the discussion of public business is not the
central purpose, shall not be subject to any of the requirements of Rule F
CHAIRMAN. MAYOR PRO-TEM, COUNCIL PRESIDENT AND THEIR DUTIES
A. CHAIRMAN:
1 The Mayor shall preside over the meetings of the Council.
2. In the absence of the Mayor, the Mayor Pro-Tem shall preside
In the absence of both the Mayor and the Mayor pro-Tem, the
Council President shall preside
B. MAYOR PRO-TEM
1 At the first or second business meeting in November of each
year, the Council shall nominate, by paper ballot, and elect, by
motion upon a majority vote, a Council President and a Mayor
Pro Tem, who shall serve until their successor is elected
4
2. If presiding, the Mayor Pro-Tem shall have the voting privileges
of a regular Council Member
C. COUNCIL PRESIDENT:
1 The Council President shall be elected at the same meeting as
the Mayor Pro-Tem and in the same manner as the Mayor Pro-
Tem
2. The Council President's duties shall include reviewing and
setting the Agenda on Wednesday prior to Council Meetings
and determination of emergency items at Council Meetings
The Council president shall have the authority to pull any item
off the Agenda with the exception of an item placed on the
Agenda by two (2) Council Members
3 In the absence of the Council President, the Mayor Pro-Tem
shall review the Agenda
4 The Council President shall arrange for, and coordinate the
orientation of all newly elected officials within two months after
the election
D. PRESERVATION OF ORDER:
The Chairman shall preserve order and decorum, prevent personal
attacks or the impugning of members motives, confine members in
debate to questions under discussion, be responsible for conducting
meetings in an orderly manner, assure that the majority opinion may
be expressed and that the majority be allowed to rule
E. POINT OF ORDER:
The Chairman shall determine all Points of Order, subject to the rights
of any Council Member to appeal to the Council
ORDER OF BUSINESS AND THE AGENDA
A. ORDER OF BUSINESS
The general rule as to the Order of Business in regular Council
Business Meetings is stated thus
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
5
PROCLAMATIONS AND CEREMONIES
CITIZENS RIGHT TO SPEAK
APPROVAL OF AGENDA
CONSENT AGENDA
PUBLIC HEARINGS, ORDINANCES ON 2ND READING, FINAL
SITE PLANS
ORDINANCES ON 1ST READING
DECISIONS, RESOLUTIONS, AND MOTIONS
COMMITTEE REPORTS
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
EXECUTIVE SESSION (AS NEEDED)
ADJOURNMENT
B. AGENDA
1 The order of business of each meeting shall be as contained in the
Agenda prepared by the City Clerk.
2 For good cause shown, and by majority vote of the City Council during
any City Council meeting, the order of business for that meeting may
be changed The City Manager and City Attorney may propose to add
items to the Agenda under "Approval of Agenda"
3 Agenda shall be listed by topic of subjects to be considered by the
Council and shall be distributed by 5.00 P m on the THURSDAY prior
to the Monday of Council Meetings In the event of a holiday, the
material shall be distributed not later than noon on the FRIDAY prior to
the Monday meeting
4 The City Clerk's Office shall be notified of the sequence of the
Agenda items by noon on the WEDNESDAY preceding the Monday
on which Council meets. All backup material and documents shall be
filed with the Clerk's office by 5.00 P m on that day in order to be
included in the Council packet.
5 ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR
STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF
COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE
INCLUDED IN THE AGENDA.
6 If a Council Member asks that an item be added to the Agenda, it
is the responsibility of that Council Member to provide backup
material for the Council packet as to the subject or arrange for that
6
backup material to be prepared No item may be included in the
Agenda without proper backup
7 A majority vote of City Council Members present may also add or
delete an item from the agenda at the beginning of the Council
Meeting In Business Meetings, this must be done before Public
Hearings and Second Readings
8 The first option of introducing Agenda items at a Council Meeting shall
go to a representative of the Council District to which the Agenda item
pertains. Council Agenda items not specific to a Council District may
be introduced by any member requesting such privilege from the Chair
in advance of the meeting or requesting to introduce the item at the
meeting
C. AGENDA ITEMS
Each Council Member shall be allowed to originate only two (2) items per
month to be added to the Agenda of regularly scheduled Council Business
Meetings.
1 Standing Council committees may place items on council Agendas
for further action or discussion
2. Motions made by Council Members, which are not in the Council
packet, must be submitted to the City Clerk and Mayor in writing
during the Council Meeting so it may be repeated, and included in the
minutes
3 City Council Meeting (either by Council Members or City Manager)
These items can be requested for scheduling under the elected
officials portion of the agenda.
4 City Manager - administrative and operational items
D. PUBLIC HEARINGS
All speakers must sign up on the appropriate roster, indicating whether they
intend to speak in favor of, or in opposition to a particular Agenda Item The
Council shall not entertain a motion for the final disposition of the matter until
the City staff and applicant have made their presentations, if any, and the
public hearing has been closed, provided, however, that motions regarding
the conduct, scheduling or continuation of the public hearing itself shall be
proper at any time
7
E. ORDINANCES ON FIRST READING
It is the goal and desire of City Council to allow all interested parties to
provide input during the Public Hearing/2nd Reading on all proposed
ordinances. A full, complete, and open discussion of all proposed ordinances
is encouraged during the Public Hearing
Therefore, public comment and staff presentations will occur only during the
Public Hearing/2nd Reading First Reading will be for the purposes of setting
proposed ordinances for publication, and establishing a date for the Public
Hearing/2nd Reading Amendments to a proposed ordinance can be made
during a First Reading, following the guidelines for offering amendments in
the City Council Rules of Order and Proceed
F. TIME OF ADJOURNMENT
At 11.00 PM., the City Council shall complete action on the Agenda item then
under discussion and shall adjourn the meeting Prior to such adjournment,
the Council may take any or all of the following actions
1. Acting by % majority vote, complete all or portions of the remaining
Agenda
2 Acting by a majority vote, schedule any unfinished items for future regular
Council Business Meeting
3 Acting by majority vote, continue the meeting to a later date and time
certain
ORDINANCES. RESOLUTIONS. AND MOTIONS
A. RECONSIDERATON:
1 A motion to reconsider can be made only by a Council Member originally
voting with the prevailing side
2 Such motions shall be made only at that or the next regularly scheduled
Council Business Meeting A continued or rescheduled meeting shall be
considered at a next scheduled Council Business Meeting for the purpose
of Reconsideration
3 If not reconsidered at that time, the issue cannot be placed on any agenda
for six (6) months
4 A motion to reconsider shall require an affirmative vote of a majority of the
entire Council.
5 A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR
MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH
COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA
ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR
RECONSIDERATION
8
B. CITY ATTORNEY TO APPROVE:
All Ordinances and Contracts shall be "Approved as to Form" by the City
Attorney
CITIZENS' RIGHTS
A. CITIZENS' RIGHT TO SPEAK:
1. Any person may speak for a maximum of three (3) minutes on any
item other than Agenda items
2. Speakers must sign the Public Comment Roster
3 Citizens Right to Speak shall always precede all other official
business except Call to Order, Pledge of Allegiance, Roll Call,
Approval of Minutes and proclamations or Ceremonies
4 There shall be no restriction on the number of citizens who wish to
speak.
5 The content of any speaker's comments cannot be censored
6 Persons in attendance shall be allowed to donate time to other
speakers to a maximum of nine (9) minutes, including the three (3)
minutes the original speaker has
7 The Chair will entertain no written comments unless a member of
the public is present to read them into the record A Council
Member may read written comments into the record with the
approval of the majority of the Council present.
B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS:
Any person desiring to speak on an agenda item must sign the
appropriate roster in Council Chambers and confine their remarks to
the relative item. There shall be no time limit applied.
C WRITTEN COMMUNICATIONS:
All written communications to Council must be signed. If not signed,
the written communications may not be accepted
SUSPENSION AND AMENDMENT OF THESE RULES
A. SUSPENSION OF RULES:
Any provision of these Rules not governed by City Charter or
Code of Laws may be temporarily suspended by a three-
quarters (3/4) majority vote of Council Members present.
9
B. AMENDMENT OF RULES:
These Rules may be amended, or new Rules adopted by a majority
vote of Council Members, provided that the proposed amendments or
new Rules shall have been submitted in writing to Council at a
preceding meeting
C. REVIEW:
These Rules will be reviewed by Council within three months of an
election or filling of a vacancy of Member(s) of Council. Council may
review these Rules at any time upon request of any member of
Council
APPROPRIATIONS
Council cannot approve an appropriation under City Manager's
Matters, City Attorney's Matters, or Elected Officials' Matters.
10
ITEM NO:
Q,l
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE.
Febuary 13,2006
TITLE:
COUNCIL BILL 01-2006 - AN ORDINANCE ENACTING
CHAPTER 20 OF THE WHEAT RIDGE CODE OF LAWS,
ENTITLED STORMW A TER QUALITY AND CONTROL
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
l:8J ORDINANCES FOR 1ST READING (Date January 9. 2006)
D ORDINANCES FOR 2ND READING
QuasI-Judicial D
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EXECUTIVE SUMMARY:
StafThas developed a stormwater quality and control ordinance III compliance with the City's Colorado
Stormwater Discharge Permit. The ordinance enables the City to effectively manage vanous
stormwater discharges, as required by the State permit. The ordinance has been developed from a
model ordinance and ordinances in place III adjacent mumcipalities. The Mayor and City Council
provided input and direction concerning the ordinance at Study Sessions on December 19,2005 and
January 17, 2006 The current draft of the ordinance Incorporates changes requested at the study
sessions. The ordinance has also been reviewed, amended and approved by the City Attorney
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The Environmental Protection Agency cstablished the NatlOnal Pollutant Discharge Elimination
System in 1987 to Implement the Clean Water Act. The City of Wheat Ridge was required to obtain a
State of Colorado Stormwater Discharge Permit from the Colorado Department of Health in
compliance with the Federal law The permit required the City to establish a Stormwater Management
Program to. I. Implement a storm water quality mangement program and means of enforcement. 2.
Track progress toward goals. 3. Report on program progress.
The penmt requires the City to address SIX areas as follow: I Public Education. 2. Public lnvolement.
3 Illicit Discharge Detection and Elimmation. 4 Construction Site Runoff Management. 5 Post-
Construction Storm Water Mangement. 6. Good Housekeeping and PolutlOn Prevention. Specifically,
the City must establish a means to enforce mmlmum control measures in areas 3, 4 and 5. Thc
proposed ordinance will implement the Federal reqUirements as outhned in the City's State permit.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
No additional budgetary Impact is anticipated from the estabhshment of the proposed ordinance, as the
activIties reqUired m the ordmance were anticipated as the City's Stormwater Management Program
was developed. The management ofthe Program and enforcement of the proposed ordinance will be
performed by current staff
There should be no additional financial Impact to reSidents by adoption of the proposed stormwater
enforcement ordinance. The ordinance provides for local enforcement of State and Federal regulations
currently admmistered by the Colorado Department of Health.
RECOMMENDED MOTION:
"1 move to approve Council Bill 01-2006, An Ordinance Enactmg Chapter 20 of the Wheat Ridge
Code of Laws, Entitled Stormwater Quality and Control on first reading, order it pubhshed, pubhc
hearing set for Monday, August) 3,2006 at 7:00 p.m. m CIty Council Chambers, and that it take effect
15 days after final pubhcatIon." \ ~
or,
;-......
""""":'~'"""'>
"I move to table indefinitely Council Bill 0 1-2006, An Ordinance Enacting Chapter 20 of the Wheat
Ridge Code of Laws, Entitled Storm water Quality and Control on first readmg, for the following
reason(s) ,.
Report Imtiated by.
Report Prepared by.
Steve Nguyen, Engineering Manager
Tim Paranto, Director ofPubhc Works
Attachments:
I Outreach Report
2. Council Bill 01-2006
060213 FINAL CAF Stormwatcr Enforcement Ordinance 2.13-6.doc
City of Wheat Ridge
Municipal Separate Storm Sewer
System (MS4)
Outreach Program- First half of 2006
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City of Wheat Ridge ""
Stormwater Management Program
City of Wheat Ridge
Stormwater Phase II
State Permit Cert. No. COR-090015
ATTACHMENT 1
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City of Wheat Ridge
Stormwater Management Program
Section
Page
TABLE OF CONTENTS
2
1-
PUBLIC DISPLAYS AND INFORMATION
3
2-
PUBLIC PRESENTATIONS
4
3-
PUBLIC OUTREACH
5
4-
PUBLIC DISCUSSION
7
, " , 2
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City of Wheat Ridge
Stormwater Management Program
L Public Displays and Information
MEASURABLE GOAL ACTIONS STATUS
1 Stormwater Posters - Print stormwater education posters Posters printed
and post at the following locations and laminated.
Kiosks along Clear Creek Trail at. Complete
- Johnson Park
- Anderson Park
- Miller Trailhead
- Prospect Park
- Youngfield Trailhead
\---
2 Stormwater Display in Develop and Post ordinance Permission
Wheat Ridge Library informative display on Stormwater gained from
ordinance- Rotate Locations- this Library Post
location in Mav May 1-31
3 Stormwater Display in Develop and Post ordinance Permission
Wheat Ridge Senior informative display on Stormwater gained from
Center ordinance - Rotate Locations- this Senior Center
location in April Post April 1-30
4 Stormwater Display in Develop and Post ordinance Permission
Wheat Ridge Recreation informative display on Stormwater gained from
Center ordinance - Rotate Locations- this Rec Center
location in March Post Mar 1-31
5 Stormwater Sanner Design, print, and hang a simple Discussed with
Displayed over 44th banner message (rotating message) WR
Avenue over a 3 month period. Operations.
Post 3/1-5/31
6 Stormwater Display in Develop and post separate Spoke with
Wheat Ridge Parks and stormwater ordinance informative Parks
Open Space office display to supplement existing regarding a
displays display
Post 3/1-5/31
7 Web Site- Stormwater Update Public Worksl Stormwater Target Date for
Page Updated web page to include discussions on completion
proposed ordinance. Feb 28th
8 Newsletter Article Stormwaterl Stormwater Ordinance Article to be
related article in Wheat Ridge submitted Feb
Connection in MarchI April & Mayl 3rd for MarchI
Julv Editions April Edition
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City of Wheat Ridge
Stormwater Management Program
II. Public Presentations
MEASURABLE GOAL ACTIONS STATUS
1 Presentation to Wheat
Ridge Rotary Club
2. Presentation to
Wilmore-Davis Middle
School
3 Wheat Ridge Senior
Advisory Committee
4. Enterprise Wheat Ridge
5 Visit WR Businesses
Present to a group of approx. 25
members - A general discussion on
stormwater management and the
proposed stormwater program &
Ordinance including FAQ
Present to 150 sixth grade students.
Topics include.
1 Non point Source Pollution
2. The city's storm sewer system
3 "After the Storm" video
4 Enviroscape" display
Handouts include
1 "Handling Household Waste"
2. Stormwater - "solution to
pollution"
3 "10 things you can do"
bookmark
4 H20 Joe Lunch sack
Present to a group of about 25
members - A general discussion on
stormwater management and the
proposed stormwater program &
Ordinance including FAQ
Present to this professional
organization- A general discussion
on stormwater management and the
proposed stormwater program &
Ordinance including FAQ
Visit WR Businesses as time permits
to discuss Stormwater Program &
Ordinance Distribute Informational
brochures and FAQ sheets
Scheduled
2/6/2006
12pm-4pm
Scheduled
2/2/2006
7 30am-3pm
Scheduled
3/13/2006
Scheduled
4/11/2006
Ongoing
'I I! Ii 4
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City of Wheat Ridge
Stormwater Management Program
III. Public Outreach
MEASURABLE GOAL ACTIONS STATUS
1 Stormwater Hotline
February,2006
2. Direct Informational
Mailings
3 Car Wash Coupons
4 Form Wheat Ridge
"Team Storm" Concept
5 Automotive related
industry "Stormwater
Certificate Program"
June, 2006 - Tentative
Develop a stormwater telephone
hotline, including feedback forum,
links to all non-emergency contacts.
Design and print informative and
FAQ flyers for mail delivery for the
following target groups.
1 Wheat Ridge Business
owners
2. Wheat Ridge automotive
related businesses
Arrange with local businesses to
include a "X dollars off' coupon for
local car washes in the May issue of
the Wheat Ridge Connection
Develop Art competition with prizes
for local students to develop "Team
Storm" logo Use logo for future
outreach programs to have residents!
schools! businesses support "the
team"
Develop, but not implement until 2na
half of 2006, a results based
"stormwater compliant certificate"
program for the automotive related
industry in Wheat RidQe
Scheduled to
go online
Feb 24th
Begin Mailings
April
Begin program
in May
Begin
development
February
Orange items- still under development and based on available staff time. May
not be fully realized during this outreach term
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City of Wheat Ridge
Stormwater Management Program
IV. Public Discussion
MEASURABLE GOAL ACTIONS STATUS
Open House and feedback forum to
1 Open house to discuss discuss proposed Stormwater March nnd,
Stormwater Ordinance Ordinance- hosted at WR Senior
Center (WR Connection Article in 5pm-7pm
March 1st edition)
Open House and feedback forum to
2. Open house to discuss discuss proposed Stormwater May 1ih, 6pm-
Ordinance- Hosted at WR
Stormwater Ordinance Recreation Center (WR Connection 8pm
article in May 1 st edition)
3 Stormwater compliance Host a compliance workshop for City
residents and business owners
assistance workshop Located at WR Rec Center, Time, May, TBD
Date, and Agenda TBD
Oranf',l' items- still under development and based on available staff time. May
not be fully realized during this outreach term.
I.
i i I
6
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No Q1
Ordinance No
Series of 2006
TITLE: AN ORDINANCE ENACTING CHAPTER 20 OF THE WHEAT RIDGE
CODE OF LAWS, ENTITLED STORMWATER QUALITY AND
CONTROL
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
CHAPTER 20 STORMWATER QUALITY AND CONTROL
Article I
In General
Sec 20-1 Purpose and objectives
WRPW0111
ATTACHMENT 2
WRPwon
Sec. 20-2 Definitions
Sec 20-3 Applicability
Sec. 20-4 Responsibility for administration
Sec 20-5 - 20 10 Reserved
Article 1/
Illicit Discharges
Sec 20-11 Illicit discharges prohibited
Sec 20-12 Illicit discharges exempted
Sec 20-13 Illicit connections prohibited
Sec 20-14 Requirements applicable to potential discharges
Sec 20-15 Best management practices
Sec 20-16 Access and inspections of properties and facilities
Sec. 20-17 Notification of spills
Sec. 20-18 - 20-30 Reserved
Article III
Permits
Sec 20-31 Applicability
Sec. 20-32 Technical standards and specifications
Sec 20-33 Construction stormwater management plan
Sec. 20-34 Post-construction requirement of permanent BMPs
Sec 20-35 Guarantee and Financial security
Sec. 20-36 - 20-40 Reserved
Article IV
Enforcement
Sec 20-41 Enforcement
Sec 20-42 Appeal of Notice of Violation
Sec 20-43 Abatement
Sec 20-44 Stop Work Order
2
Sec. 20-45 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 provide for inspection and monitoring procedures necessary to
ensure compliance with this Chapter;
(4) To reduce pollutants in stormwater discharges from construction
activity by guiding, regulating, and controlling the design, construction, use, and
maintenance of any development or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land,
(5) To require permanent stormwater runoff controls to be constructed
along with development to prevent the deterioration of water quality; and
(6) To promote public awareness of the hazards involved in the
improper discharge of Pollutants into the storm drainage system
Sec. 20-2 Definitions
For the purposes of this Chapter, the following words and phrases shall have
the meaning set forth in this section
Agricultural Activities Activities directly related to a. land preparation for farming
such as plowing and disking, for the purpose of crop production, b. the housing and
pasturing of livestock.
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,
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.
WRPW013
3
COPS The Colorado Discharge Permit System
Clean Water Act The federal Water Pollution Control Act (33 US C ~ 1251 et
seq ), and any subsequent amendments thereto
Director The City of Wheat Ridge Public Works Director or designee
Disturbed Area That area of the land's surface disturbed by any work or activity
upon the property by means including but not limited to grading, excavating, stockpiling
soil, fill, or other materials, clearing, vegetation removal, removal or deposit of any rock,
soil, or other materials, or other activities which expose soil Disturbed area does not
include disturbance caused by normal agricultural activities
Facility Any building, including a private home, structure, installation, process or
activity from which there is or may be a discharge of a Pollutant.
Finally Stabilized Area All disturbed areas that have been either built on, paved,
or a uniform perennial vegetative cover has been established, or equivalent permanent
physical erosion reduction methods and best management practices have been
employed If perennial vegetation is applied, 'final stabilization' shall be established as
defined in the City Standard Seeding and Mulching Installation Notes (as referenced on
WR engineering detail E-A03)
Hazardous Materials Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or to the environment
when improperly treated, stored, transported, disposed of, or otherwise manage
Illicit Connections Any drain or conveyance, whether on the surface or
subsurface, which allows an illicit discharge to enter the storm drainage system,
including, but not limited to any conveyances which allow any non-storm water
discharge including sewage, process wastewater, and wash water to enter the storm
drainage system, and any connections to the storm drainage system from indoor drains,
sump pumps, floor drains or sinks, regardless of whether said drain or connection had
been previously allowed, permitted, or approved
Illicit Discharge Any direct or indirect release of pollutants to the storm drainage
system, except as exempted in this Chapter
Industrial Activity Activities subject to NPDES Industrial Permits, as defined in 40
CFR, Section 122.26(b)(14), or successor regulations thereto
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
WRPW 013
4
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
Owner The person who owns a facility, development, part of a facility, or land
Pollutant Any sewage, sewage biosolids, garbage, chemical waste, biological
material, solid waste, incinerator residue, ash, munitions, radioactive material, heat,
rock, sand, cellar dirt and industrial and agricultural wastes discharged in the water
Pollution The presence in waters of the state of any substances, contaminants,
or manmade or man-induced impairment of waters or alteration of the chemical,
physical, biological, or radiological integrity of water in quantities or at levels which are
or may be potentially harmful or injurious to human health or welfare, animal or plant
life, or property or which unreasonably interfere with the enjoyment of life or property,
including outdoor recreation unless authorized by applicable law
Premises Any building, lot, parcel of land, or portion of land whether improved or
unimproved, and including adjacent sidewalks and parking strips
Storm Drainage System Also defined as Municipal Separate Storm Sewer
System (MS4)
Receiving Water Any water of the State of Colorado that receives a stormwater
discharge from MS4, including all watercourses, even if they are usually dry, and
irrigation ditches that receive municipal stormwater It also includes storm sewer
systems owned by other entities
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
WRPW 013
5
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 fail to implement adequate best management
practices to prevent an illicit discharge into the MS4 or watercourses, including, but not
limited to, the following
(1 )
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,
WRPW013
6
(4) Trash, refuse, rubbish, garbage, food wastes, animal 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
(8) Any other material that is considered harmful to humans, animals, or
aquatic life and its habitat.
Sec. 20-12 Illicit discharges exempted
The following discharges when properly managed, are exempt from the
discharge prohibitions established by this Chapter Meeting exemptions identified in
this section does not imply or determine that a COPS permit is not required
(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, air conditioning condensation,
springs, individual residential car washing, natural riparian habitat or wet-land flows,
swimming pools (if dechlorinated - less than 005 PPM chlorine), fire fighting activities,
incidental discharges from street sweeping operations, 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,
(S) Runoff associated with normal agricultural activities
(6) Any non-storm water discharge permitted under a CDPS or NPDES
permit, waiver or waste discharge order issued and administered under the authority of
the Federal Environmental Protection Agency (EPA), provided that the discharger is in
full compliance with all requirements of the permit, waiver, or order and other applicable
laws and regulations, and provided that written approval has been granted by the City
for any discharge to the storm drain system
WRPW013
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(7) Discharges as a result of activities of the City, where needed for emergency
purposes or to protect public safety, if approved by the Director
Sec. 20-13 Illicit connections prohibited
The construction, use, maintenance or contained existence of illicit connections
to the MS4 is prohibited This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was permissible
under law or practices applicable or prevailing at the time of connection.
Sec. 20-14 Best management practices
The owner or operator of a commercial or industrial establishment or a disturbed
area shall provide, at their own expense, reasonable protection from accidental
discharge of prohibited materials or other wastes into the MS4 or watercourse through
the use of structural and non-structural BMPs Further, any person responsible for
premises, which are, or may be, the source of an illicit discharge, may be required to
implement, at said person's expense, additional structural and non-structural BMPs to
prevent the further discharge of pollutants to the MS4
Sec. 20-15 Notification of spills
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
WRPW 013
8
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"
(a) One acre or more
(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
(c) 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
(a) Agricultural land management activities, not including construction
activities (CDPHE)
(b) Maintenance and repair of any stormwater facility, irrigation ditch,
watercourse, or related 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
(S) 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
WRPW013
9
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
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 guidance 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
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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.
(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 per
requirements of the City land development ordinance, if applicable A final inspection
by the City is required before the release of any performance securities can occur
Sec. 20-34 Post-construction requirement of permanent BMPs
(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, and
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 approved for construction or
development, shall not be allowed to deteriorate to a condition which is
in any respect inferior to the condition or state upon which the original
approval for construction or development was based For purposes of
this section, either or both the owner or tenant of the structure or real
property shall be considered the responsible party
(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
WRPW 013 11
function of the permanent BMPs. The covenant shall also include
plans for periodic inspections to ensure proper performance of the
facility between scheduled c1eanouts The covenant shall provide for
access to the facility at reasonable times for periodic inspection or any
required maintenance by the City, or its contractor or agent, and for
regular or special assessments of property owners to ensure that the
facility is maintained in proper working condition to meet design
standards and any other provisions established by this Chapter The
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
(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 detentionl retention basins, outlet
structures and drainage pipes, grass cutting and vegetation removal,
and necessary replacement of landscape vegetation. Any maintenance
needs found by City inspection or otherwise must be addressed in a
timely manner, as determined in writing by the Director The
inspection and maintenance requirement may be increased as deemed
necessary to ensure proper functioning of the permanent BMPs
(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 drainage basins or areas identified as
higher than typical sources of sediment or other contaminants or
pollutants, inspections of businesses or industries of a type associated
with higher than usual discharges of contaminants or pollutants or with
discharges of a type which are more likely than the typical discharge to
cause violations of state or federal water or sediment quality standards
or the COPS stormwater permit; and joint inspections with other
agencies inspecting under environmental or safety laws Inspections
may include, but are not limited to reviewing maintenance and repair
records; sampling discharges, surface water, groundwater, and
material or water in drainage control facilities, and evaluating the
condition of drainage control facilities and other stormwater treatment
practices
(c) When any permanent BMP is installed on private property, or when
any new connection is made between private property and a public
WRPW 013 12
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.
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
WRPW 013 13
(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
(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
(S) 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
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(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
(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 event the violation constitutes an immediate danger to public health
or public safety, the Director or designee is authorized to enter upon the subject
property, without giving prior notice, to take any and all measures necessary to abate
the violation and/or restore the property
Sec. 20-42 Appeal of notice of violation.
Any person receiving a notice of violation may appeal the determination of the
Director The notice of appeal must be received by the Director within five (5) days from
the date the notice of violation was given Hearing on the appeal before the Director or
his/her designee shall take place within ten (10) working days after the date of receipt of
the notice of appeal. The decision of the Director or his/her designee shall be final
Sec. 20-43 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
WRPW 013
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(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. 20-44 Stop work order
Whenever the Director determines that any activity is occurring which is not in
compliance with the requirements of this Chapter, the Director may order the activity
stopped upon service of written notice upon the responsible owner and/or operator
The owner and/or operator shall immediately stop all activity until authorized in writing
by the City to proceed If the owner and/or operator cannot be located, the notice to
stop shall be posted in a conspicuous place upon the area where the activity is
occurring and shall state the nature of the violation It shall be unlawful for any owner
and/or operator to fail to comply with a stop work order
Sec. 20-45 Penalties
(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
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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
SIGNED by the Mayor on this
day of
,2006
Jerry DiTullio, Mayor
ATTEST
Pamela Anderson, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication
Second Publication
Wheat Ridge Transcript
Effective Date
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ITEM NO: 3 ,
REQUEST FOR CITY COUNCIL ACTION
~
~
COUNCIL MEETING DATE:
February 13,2006
TITLE:
COUNCIL BILL NO. 04-2006 , AN ORDINANCE PROVIDING
FOR A REQUEST FOR REZONING FROM RESTRICTED
COMMERCIAL (R-C) TO PLANNED COMMERCIAL
DEVELOPMENT (PCD) FOR PROPERTY LOCATED AT 6690 W.
44TH A VENUE (CASE NO. WZ-05-14/ABRAHAM)
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
[gJ ORDINANCES FOR I ST READING (Date Feb. 13.2006)
D ORDINANCES FOR 2ND READING
Quasi-Judicial. [gJ
~~
D
No
Ran~~~ager
Alan White, Commumty Development Director
EXF:CUTIVE SUMMARY:
Kahsay Abraham is requesting a rezonIng from Restricted Commercial to Planned Commercial
Development for the property located at 6690 W. 44th Avenue. The subject parcel is 11,900 square feet
m size (.27 acres). The current zomng designation allows a limited range of commercial uses.
The site currently contams an eXlstmg vacant bUilding, which has previously been used in conjunctIOn
with auto-related uses. An Outline Development Plan and Final Development Plan will be submitted
for review at second reading. The Outline Development Plan will establish allowable uses and
development standards, while the Final Development Plan will set a site specific development pattem
for the property. The applicant would like to locate a liquor store in the eXisting buildmg, one of the
proposed allowed uses listed on the Outline Development Plan. The proposed list of allowed uses
includes most of the allowed uses in the R-C zone district, along With a few allowed uses m the
Commercial One zone district.
Plannmg CommiSSIOn heard the request on January 19,2006, and recommended denial.
COMMISSION/BOARD RECOMMENDATION:
Planmng Commission reviewed this request on January 19, 2006, and recommended denial of the
rezoning (and Outline Development Plan) for the following reasons:
1. It is detrimental to publIc health, welfare and safety.
2. It is not compatible with the Comprehensive Plan.
3. It would create spot zoning.
ST A TEMENT OF THE ISSUES:
The subject property is currently zoned Restricted Commercial. A liquor store is not an allowed
use in the R-C zone district. The applIcant wishes to rezone the property to Planned Commercial
Development, with one of the allowed uses being a liquor store. The applicant has proposed to
include most of the allowed uses in the R-C zone district as allowed uses on the ODP All uses
listed as specials uses in the R-C zone district have not been mcluded in the list of allowed uses on
the ODP The Comprehensive Plan Future Land Use designation for this property is
Neighborhood Serving Retail, which should consist of small scale retail and professional service
uses, such as coffee shops, bicycle repair shops, flower shops and professional offices.
The applicant wishes to utilize the eXlstmg building, and simply add parking stalls and landscape
areas to the site. As a result, a few of the development standards have been altered on the ODP,
and are not representative of the standards listed in the Code of Laws. The applicant is proposing
13% landscape coverage. Commercial zone districts are required to have minImum landscape
coverage of20%. Additionally, the drive aisle does not meet minimum width as defined in the
Code of Laws. During the review process, the applicant proposed to use the existmg freestanding
sign on the property. The sign exceeds the maximum size as defined m the Code. The applicant
has since stated that the sign will be reduced to comply with the maximums established in the
Code. Because the applIcant is requestmg a reZOnIng to Planned Commercial Development, these
standards can be altered.
To complicate matters, the applicant claims he was told that a lIquor store was an allowed use in
the R-C zone district; however, he cannot remember which staff member gave him the
informatIOn. It should be noted that none of the staff members recall acknowledging a liquor store
as an allowed use on the subject property (with respect to current R-C zoning). The applicant
subsequently purchased the property and obtained a liquor license from the Liquor Authority.
One of the reasons for denial by Planning Commission was that the rezoning created an isolated or
"spot-zoning" zone distnct. The rezoning would result in a Planned Commercial Distnct, which
differs from surrounding zonmg. The City Attorney has opmed that If allowed uses in different
zone districts are similar, regardless of zone classificatIOn, there is not a "spot-zoning" Situation.
The properties to the north of the subject parcel are zoned C-l All of the proposed uses in this
Planned Commercial Development are allowed uses in the C-l zone district. Even though these
districts differ by name, they are similar in nature. However, the properties to the east, west and
south are zoned Restricted Commercial. The applicant proposes to include about a dozen uses
which are not allowed in the R-C zone district as allowed uses in the Planned Commercial
Development.
ALTERNATIVES CONSIDERED:
Table the Bill indefinitely, denying the request. This alternative should only be considered at the
pubhc heanng, as tabling the Bill on first reading would deny the applicant due process.
FINANCIAL IMPACT:
The City has recelVed a one-time application fee for the land use applicatIOn. The City would receive
any sales tax generated from retail sales.
RECOMMENDED MOTIONS:
"I move to approve Council B1I1 No. 04-2006 case number WZ-05-14. a request for a
rezoning from Restricted Commercial to Planned Commercial Development on first reading, order
It published. public hearing set for March 13.2006 at 7:00 in the City Council Chambers."
OR
"I move to table indefinitely Council Bill No. 04-2006 case number WZ-05-14, a request for
a rezomng from Restricted CommerCial to Planned Commercial Development on first reading for
property located at 6690 W 44th A venue with the following findings
I "
Report Prepared by. TraVIS Crane 303.235.2849
Reviewed by. Alan White 303.235.2844
Attachments:
1 Planmng CommissIOn Staff Report (without exhibits)
2. Council B1I1 No. 04-2006
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO. Planning Commission
CASE MANAGER. Travis Crane
CASE NO. & NAME. WZ-05-] 4/ Abraham
DATE OF MEETING January ]9,2006
ACTION REQUESTED. A request for a rezoning from Restricted Commercial to Planned Commercial
Development, including an Outline Development Plan and Final Development Plan.
LOCATION OF REQUEST 6690 W 44th Avenue
APPLICANT (S): Kahsay Abraham
OWNER (S): Same
APPROXIMATE AREA. 11,900 sq ft. (0.27 ac.)
PRESENT ZONING Restricted Commercial (RC)
COMPREHENSIVE PLAN DESIGNATION Neighborhood Serving Retail (NR)
ENTER INTO RECORD:
(X)
(X)
( )
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULA nONS
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
LocatIOn Map
All notIfication and posting reqUIrements have been met; therefore, there is jurisdiction to hear
this case.
ATTACHMENT 1
Planning Commission
WZ-05-14/ Abraham
I. REQUEST
The applicant is requesting a rezoning from Restricted Commercial to Planned Commercial
Development. An associated Outline Development Plan and Final Development Plan are
mc\uded with the request. The current Restricted Commercial zoning deSignation allows a
hmited range of allowed uses. The existing building on the property will remain.
An Outline Development Plan will rezone the property and set development standards, while a
Final Development Plan Will set a specific development plan for the property (Exhibit I, Letter
of Request). The property owner wishes to utilize the eXisting building as a retail liquor store
The property is 11,900 square feet in size.
II. OUTLINE DEVELOPMENT PLAN
The Outline Development Plan (ODP) will set all allowed uses and development standards for
the property (Exhibit 2, ODP). The ODP also contains a general concept plan which labels
areas of landscapmg, parking, building footprint, and access points. It should be noted that
many of the development standards are tailored for the eXisting property; that is, the phYSical
appearance of the property will change very little until a redevelopment of the property is to
occur.
Allowed Uses
The subject property is currently zoned Restricted Commercial (Re). The RC zone distnct
allows a hmlted range of commercial uses. When developing a list of allowed uses for thiS
Planned Commercial Development, the apphcant started with the allowed uses in the RC zone
district. Some of the allowed uses have been omitted (such as ambulance service, residential
uses or temporary Chnstmas tree lots), as they were impractical for thiS locatIOn, or Simply
were not deSired uses. Any use listed as a special use m the RC zone district has not been
mc\uded as an allowed use.
The applicant then added some uses listed as allowed uses in the Commercial One (C-l) zone
district as allowed uses for thiS property These uses are as follows.
Appliance stores and incidental service and repair
Automotive parts supplies and sales
Auto service, repair and maintenance shops (minor)
Caterers
Clinic or office for the counseling and treatment of psychological, social, marital.
developmental or similar conditions, excluding substance abuse
Day care or preschool, small
Drug store or pharmacy
Electronic and computer sales, supplies and service
Home improvement store
Leather goods and luggage store
Linen supply
Liquor store
Upholster store (non-automotive)
These above-hsted uses are allowed uses m the C-I zone district. Simply, the applicant wishes
to maintam the uses already allowed in the RC zone district, and add the above 13 uses. Staff
Planning Commission
WZ-05-14/ Abraham
2
feels that auto service, repair and maintenance shops (minor) should be excluded from the list
of allowable uses, as it conflicts wIth desired attributes listed in the Comprehensive Plan.
Additionally, the words "non-resIdential" should be added to Clinic or office/or the counseling
and treatment of psychological, social, marital, developmental or similar conditions, excluding
substance abuse "
The Comprehensive Plan Future Land Use Map designation for this property is Neighborhood
Serving Retail (NR). The ComprehensIve Plan states that the NR areas are to consist of small
scale retail and professional services uses, such as coffee shops, bicycle repair shops, flower
shops and profeSSIOnal offices. These uses are mtended to provide a buffer between the busy
street and the neighborhood. The ComprehenSive Plan lists the desired attributes of the NR
areas as
. Small independently owned retall and service establishments that are not dependant on
high traffic volumes.
. Well landscaped - no outdoor storage, trash areas must be screened.
. No dnve through facilities or auto-oriented commercial uses.
. Inclusion of bike racks, benches, picnic tables, public art and pedestrian connections.
. No expanSIOn into residential neighborhoods.
. Height and bulk of the building relate to the adjacent neighborhood.
. Hours of operation are restricted.
Most of these attributes are bemg achieved. The applicant wishes to open a neighborhood
servmg liquor store. The eXisting building would be utilized. The property currently does not
contain any landscaped area, so the inclusion of landscaping WIll be a benefit. The trash area
will be screened. There are no drive through uses proposed m the list of allowed uses. Whlle
the property does not contain bike racks, picnic tables or public art, sidewalk connections are
being provIded where they do not eXIst. The existing building relates to the scale of the
surroundmg neighborhood.
Landscaping
The ODP sets standards for minimum landscapmg. The property currently has no landscapmg.
The applicant is intendmg to increase the amount of landscaping. The Code of Laws specifies
that a commercially zoned property should have a mimmum of20% landscaping. The ODP
speCIfies that for redevelopment of the property (in excess of 50% expanSIOn) a mimmum of
15% landscaping is reqmred. The ODP also speCifies that landscaping for the existing bmldmg
IS dictated by the quantIties and area proVided on the Final Development Plan. Very Simply,
the landscaping area and quantities of trees and shrubs shown on the Final Development Plan IS
what is allowed. All other landscape reqmrements shall refer to Section 26-502 of the Wheat
Ridge Code of Laws.
Building Coverage
A maximum bmlding coverage of 50% is proposed on the ODP Building coverage IS defined
as all areas of the lot covered by building. The Code of Laws specifies that for Commercial
zone distncts, the maXImum lot coverage (all areas ofbmldmg and paving) is 80% of the lot.
The maximum lot coverage for this property w1l1 be dictated by the mimmum amount of
landscaping reqmred. For example, if 15% landscapmg IS required, the maximum lot coverage
will then be 85% of the lot.
Planning Commission
WZ-05-14/ Abraham
3
Parking
The ODP specifies that parkmg shall be in conformance with Section 26-501 of the Code of
Laws. The Code states that minimum parkmg shall be required based upon a specific use. The
Final Development Plan will detail the amount of parking required and supplied.
Building Height/Setbacks
The maximum bUIlding height is being established at 35 feet, which is consistent with the
commercial zone district.
The setback standards for the commercial zone districts have been used as a guide, but the
required setbacks have been modified on the ODP to conform to meet the setbacks of the
existmg building. The commercial zone districts require a 50 foot front yard setback for
properties adjacent to W 44th A venue, a 5 foot per story side yard setback, and a 10 foot rear
yard setback. A 30 foot setback IS required when adjacent to a public street. The minimum
setbacks established on the ODP are as follows: 30 feet for the front yard (adjacent to W 44th
A venue), 5 feet for the side yard (eastern property line), 30 feet for the western side yard
adjacent to OtIs Street, and 8 feet for the rear yard.
Architecture
The ODP includes a note which requires any new structures to be compliant with the
Streetscape and Architectural Design Manual
Access/Circulation
The property currently has three access points. two on West 44th Avenue and one on Otis
Street. The western-most eXisting access point on West 44th Avenue will be closed. Each
access point will allow full movement.
Building Signage
An existing sign on the West 44th Avenue frontage wIll remain and will be reused for the
mtended business. The existmg sign does not conform to today's standards III respect to sIze.
The Code allows a maximum sign size of 35 square feet for a 1,400 square foot building. The
existing sign is 64 square feet m size. The sIgn is 15 feet tall, setback from the property Ime II
feet. Both the height and setback conform to the Code requirements.
The ODP does contain a note which refers to the Code for additional reqUIrements, and any
new signage must meet these Code requirements.
Lighting
The ODP refers to Section 26-503 of the Code of Laws for lighting regulations.
Fencing
The ODP refers to SectIOn 26-603 of the Code of Laws for perimeter fence regulatIOns. There
IS an existmg fencmg which wIll remain. The existing fencmg does conform to Section 26-603
III. CRITERIA
Staff has the followmg comments regarding the criteria used to evaluate a change in zone.
1. That the existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is an error.
Planning Commission
WZ-05-14/ Abraham
4
The existing zone classification on the official zoning map is not m error The property
currently has Restricted Commercial zoning.
2. That a change in character in the area has occurred due to installation of public facilities,
other zone changes, new growth trends, deterioration, or development transitions, and
that the evidence supports the finding of the following.
There has been no recent change m character to the area. Many of the surroundmg properties
have had the same zoning designation smce the incorporatIOn of the City The proposed
rezoning will be in character with the surrounding neighborhood.
3. That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies, and
other related policies or plans for the area.
The Future Land Use map in the Comprehensive Plan designates this property as
Neighborhood Servmg Retail. The proposed zone designation of Planned Commercial
Development does fall within this clasSification.
The Future Land Use Map is one component of the Comprehensive Plan. The Plan also
contains goals and policies that need to be considered in findmg consistency with the
Comprehensive Plan. The rezoning meets the following desired attributes of the Neighborhood
Retail classificatIOn: The property will be an independently owned retail establishment which
is landscaped, all trash areas Will be screened, there are no auto-onented or drive through uses,
pedestrian connectIOns will be provIded and the height and bulk of the buildmg wIll relate to
the eXisting neighborhood.
4. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
The request is for a reZOnIng to PCD. A majonty of the properties in the area have some sort of
commercial zomng designation. This Will be the only property in the neighborhood wIth PCD
zonmg. While the PCD deSignation differs from the RC or C-I designations, the mtent of these
zone dlstncts IS sImilar - neighborhood serving commercial development.
5. That there will be social, recreational, physical and/or economic benefits to the
community derived by the change of zone.
This proposed zone change should create a benefit to the community. The proposed zone
change wIll allow a wider range of commercial uses. The zone change will facilItate the
reinvestment into thIS property; the applicant will be improving a dIlapIdated and vacant
property
6. That adequate infrastructure/facilities are available to serve the type of uses allowed by
the change of zone, or that the applicant will upgrade and provide such where they do not
exist or are under capacity.
All respondmg agencies are able to serve the property, and the developer Will Incur the cost
and mamtenance of any improvements.
7. That the change of zone will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating drainage problems, or seriously reducing
light and air to adjacent properties.
Planning Commission
WZ-05-14/Abraham
5
The change in zone will not affect public health, safety or welfare in the area. Traffic will
increase from existmg conditions, mainly because the building IS currently vacant. The amount
of traffic generated by the intended use wIll not overburden the roadway system. ThIS
proposed development should not reduce air or light to adjacent properties.
8. That the change of zone will not create an isolated or spot zone district unrelated to
adjacent or nearby areas.
This change of zone WIll create an Isolated zone district. There are no properties in the
immediate area zoned Planned Commercial Development. The property will, however,
function in a simIlar fashion as the surroundmg commercIal propertIes.
IV. FINAL DEVELOPMENT PLAN
The goal of the Final Development Plan is to meet the standards set on the Outline
Development Plan. The FDP is a much more site-specIfic document whIch addresses buIldmg
locatIOn, parking, landscaping distribution and architecture (Exhibit 3, FDP). The development
regulations written on the ODP have been written to accommodate the eXIsting buildIng. The
applicant is not proposing to construct a new building. Parking lot improvements and
addItional landscaping will be the only major changes to the property.
The ODP set the maximum building coverage at 50% of the lot. Based upon a lot sIze of
11,900 square feet, the building may be a maxImum size of 5,950 square feet. The existing
buildmg is only 1,400 square feet in sIze
The ODP specIfies that the building shall have a 30 foot front yard setback requlfement, a five
foot side yard setback requirement for the eastern property line, a 30 foot side yard setback for
the western property line and an 8 foot rear yard setback reqUIrement. The existing buildIng
meets and exceeds these minImum setback standards. The buildmg IS currently 15 feet tall,
which does not exceed the maxImum building height of35 feet as established on the ODP
A trash enclosure is bemg shown on the east side of the building. The ODP requires all
dumpster areas to be screened from the right-of-way. A screen wall has been provIded,
fulfilling this requirement.
The applicant wishes to use the property as a retail liquor store, an allowed use on the ODP
Architecture
Because the existing buildmg wIll not be renovated, this sectIOn does not apply. If any new
bUIlding were to be constructed, the Architectural standards would apply The existing buIlding
is constructed of block. The building entrance IS located on the north elevatIOn. An existmg
overhead door will be removed.
Landscaping
The ODP stated that the minimum required landscapmg shall be dictated by the Final
Development Plan. The FDP detaIls a total landscape area of 1,560 square feet, all to be added
by the applicant. Based upon a lot Slze of 11,900 square feet, the appl1cant lS proposing 13 1 %
landscapmg. Typically, the commercIal zone distncts require a mmimum of20% landscape
coverage.
Planning Commission
WZ-05-14/ Abraham
6
The applicant has provided 3 street trees and 25 shrubs. Because the ODP states reqUIred
landscaping shall be as shown on the FDP, there are no mmimum requirements to be met. It
should be noted the property does not meet the minimum requirement for street trees (5) as
specified in the Code of Laws. The provided quantity of shrubs (25) exceeds the requirement
as specified in the Code of Laws.
Parking
The ODP specifies that required parking shall conform to the Code requirements of SectIOn 26-
50 I. Required parking stalls are based upon use and square footage of usable area. A retail
liquor store IS required to provide I parkmg stall for 200 square feet of usable area. The
existing building is 1,400 square feet in size. A total of 7 parking stalls are reqUIred, with one
bemg a van accessible handicap stall. The FDP details 13 parking stalls and one van accessible
stall. All of the parking stalls meet the minimum required size as specified m the Code
Three parking stalls are located directly adjacent to W. 44th Avenue. The Code of Laws
requires a ten-foot landscape buffer for parking lots adjacent to right-of-way The FDP does
not detail a landscape buffer for the 3 stalls adjacent to West 44th Avenue. The Code of Laws
requires a mmimum dnve width which could not be accommodated if a ten foot landscape
buffer were between the parkmg stalls and the nght of way Simply, the parking lot would not
function. It should also be noted that the drive aisle does not meet the minimum width reqUIred
for two-way traffic (22 feet). A portion of the drive aisle is only 16 feet Wide. This reduced
width is a by-product of the landscapmg to be mstalled around the existing sign.
The applicant Will construct a 3 foot fence on the north side of the parking stalls adjacent to
West 44th Avenue as a screen. ThiS is a requirement in the Code of Laws.
Lighting
There are no freestandmg lights proposed for this property, as none currently eXIst. The only
source of lightmg will be buildmg mounted downcast lighting, which must conform to SectIOn
26-503 of the Code of Laws.
V. AGENCY REFERRAL
All respondmg agencies have mdlcated that they can serve the property, and the applicant Will
bear the cost of upgrading any service to the property.
Because there will be no major site construction, a drainage report was not required. The
Public Works Department IS requinng the construction of a small section of curb and gutter
where the western most curb cut is bemg closed. Sidewalks currently eXist around the
pen meter of the property
VI. NEIGHBORHOOD MEETING
The reqUIred neighborhood meeting was held prior to submittal. There were approximately
seven attendees from the neighborhood. General questions ranged from the type of
development which will occur to the need for another liquor store m the neighborhood. There
was a diSCUSSIOn of the current condition of the building, and the presence of graffiti in the
neighborhood. One letter was received after the neighborhood meetmg from a neighbor who
could not attend the meeting (Exhibit 4, Neighbor Letter).Addltionally, one email was received
after the meeting. This email has been included (Exhibit 5, Neighbor Email).
VII. STAFF CONCLUSION & RECOMMENDED MOTION(S):
Planning Commission
WZ-05-14/ Abraham
7
Staff concludes that the rezoning is compatible with surrounding uses, and that the alterations
to the property should be an improvement over the existing conditions.
There are two requests, and each will require a separate motion: request for approval of a
rezoning and outline development plan and request for approval of a final development plan.
REZONING AND OUTLINE DEVELOPMENT PLAN
OPTION A.
"I move to recommend APPROV AL of Case No. WZ-OS-14, a request for approval of a
rezoning from Restricted Commercial to Planned Commercial Development, and an Outline
Development Plan for property located at 6690 W. 44th A venue, for the followmg reasons
1. The change in zone is compatible with the existing conditions in the Immediate
area.
2. The change m zone will not adversely affect the public health, safety or welfare.
3. The change in zone substantially meets the desired attributes of the
Neighborhood Retail classification in the Comprehensive Plan.
With the following conditIOns.
1. The following use shall be removed from the list of allowed uses on the Outline
Development Plan. Auto service, repair and maintenance shop (minor)
2. The words "non-residential" shall be added to the followmg use. "Clinic or
office for the counseling and treatment of psychological, social, marital,
developmental or similar conditions, excluding substance abuse"
OPTION B:
"I move to recommend DENIAL of Case No. WZ-OS-14, a request for approval of a rezoning
from Restricted CommercIal to Planned Commercial Development, and an Outline Development
Plan for property located at 6690 W. 44th Avenue, for the following reasons:
1.
FINAL DEVELOPMENT PLAN
OPTION A:
"{ move to recommend APPROVAL of Case No. WZ-OS-14, a request for approval of a Final
Development Plan for property located at 6690 W. 44th Avenue, for the following reasons.
The Final Development Plan complies with the development standards
established by the Outline Development Plan.
2. The Final Development Plan meets the technical requirements as established III
Article III for Final Development Plans."
OPTION B.
"I move to recommend DENIAL of Case No. WZ-OS-14, a request for approval of a Final
Development Plan for property located at 6690 W. 44th Avenue, for the following reasons.
1
Planning Commission
WZ-05-14/ Abraham
8
INTRODUCED BY COUNCIL MEMBER
Council Bill No. ..Q!L-2006
Ordinance No.
Series of 2006
TITLE: AN ORDINANCE PROVIDING FOR THE
APPROV AL OF REZONING FROM RESTRICTED
COMMERCIAL (R-C) TO PLANNED COMMERCIAL
DEVELOPMENT (PC D) FOR PROPERTY LOCATED AT 6690
WEST 44TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT
Section 1. Upon applicatIOn by Kahsay Abraham, approval of a rezonmg In
Wheat Ridge, Colorado, Case No WZ-OS-14. for property located at 6690 W 44\h
Avenue and based on a recommendatIOn from the Wheat Ridge Plannmg CommissIOn
and pursuant to the findmgs made based on testimony and eVidence presented at a public
heanng before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to
exclude from the Restncted Commercial Dlstnct and to mc1ude m the Planned
Commercial Development zone distnct the folJowmg described land.
NORTH 100 FEET OF LOT 1, LIONEL SUBDIVISION, COUNTY OF JEFFERSON,
STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this rezomng does not create a
vested property right. Vested property nghts may only anse and accrue pursuant to the
proviSIOns of SectIOn 26-121 of the Code of Laws of the City of Wheat RIdge.
Section 3. Safety Clause. The City Council hereby finds, determmes, and
declares that this ordmance 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 ordmance IS necessary for the preservatIOn of health and safety and for the
protectIOn of public convemence and welfare. The City Council further determmes that
the ordmance bears a ratIOnal relatIOn to the proper legislative object sought to be
attamed.
Section 4. Severability. If any clause, sentence, paragraph, or part of thiS ZOlling
Code or the applIcation thereof to any person or circumstances shall for any reason be
adjusted by a court of competent jurisdiction invalid, such judgment shall not affect
apphcatlOn to other persons or circumstances.
Section 5. SupersessIOn Clause. If any prOVISion, reqUirement or standard
established by tills Ordinance is found to conflict with similar prOViSIOns, reqUirements or
standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are m
ATTACHMENT 2
eXIstence as of the date of adoptIOn of this Ordmance, the provIsIOns, requirements and
standards herem shall supersede and prevail.
Section 6. This Ordinance shall take effect 15 days after final publIcatIon.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _to
on this 13th day of February, 2006, ordered publIshed in full in a newspaper of
general circulatIOn m the City of Wheat Ridge and PublIc Hearing and consideration on
final passage set for March 13th 2006, at 7.00 o'clock p.m., m the CouncIl Chambers,
7500 West 29th Avenue, Wheat RIdge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
readmg by a vote of _ to _, thiS 13th day of March, 2006
SIGNED by the Mayor on thIS _ day of
,2006
JERRY DITULLIO, MAYOR
ATTEST
Pamela Y. Anderson, City Clerk
APPROVED AS TO FORM BY CITY
ATTORNEY
GERALD DAHL, CITY ATTORNEY
1st PublIcation:
2nd PublIcation:
Wheat Ridge Transcnpt
EffectIve Date:
e: Iplanninglfonnslord. fnn
ITEM NO.
ltl
REQUEST FOR CITY COUNCIL ACTION
M
COUNCIL MEETING DATE February 13,2006
TITLE:
WHEAT RIDGE FOUNDATION VACANCY APPOINTMENTS
o PUBLIC HEARING
r8J BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR I ST READING (Date: _)
o ORDINANCES FOR 2ND READING
Quasi-Judicial
o
Yes
C8J
No
\ . -'~.AA10Jl~ ^'
CIty Clerk - ~
~u~
City Man er
EXECUTIVE SUMMARY:
The Wheat Ridge Foundation is a non profit corporation formed to provide a vehicle for donation of
money or property to the City for cultural or recreatIOnal purposes. General purposes include
decoration, beautification, cultural enhancement and education, historic preservation and education,
related prograrnmmg on or in the property and facilities owned or operated by the City of Wheat
Ridge.
The Wheat Ridge Foundation currently has two vacancies with terms endmg 3/2/08. The City Clerk's
Office has received two applications for the positIOns: Dewey Bridge and Lorraine Wnght.
COMMISSIONIBOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
If the applicants are not appointed to the Wheat Ridge Foundation, vacancies Will remain.
AL TERNA TIVES CONSIDERED:
Do not appoint the applicants to fill the vacancies in the Wheat Ridge FoundatIOn
FINANCIAL IMP ACT:
N/A
RECOMMENDED MOTION:
"I move to appoint
March 2. 2008.
and:
"} move to appoint
March 2. 2008.
to the Wheat Ridge FoundatIOn, term to expire
to the Wheat Ridge Foundation, term to expire
or,
"I move to
Attachments:
I. Dewey Bridge applIcation to the Wheat Ridge FoundatIOn
2. Lorraine Wright application to the Wheat Ridge Foundation.
3. Mayor's Memorandum dated February 7, 2005
132/131/21313& 13:37 31339827&139
STOBER ELEMENTRAY
PAGE 01
~:.el'
06 FEB - I PH I: S
APPlICA TION FO';' Af. ~OINTMENT TO THE'
~aX~A/ FoU-AcI~
(BOJ:iID@MMiSsION/COMMITTEE)
DATE- ;J. / / ,; 0 ~ DISTRICT 3
HOW lONG HAVE "Ol BEEN A RESIDENT OF WHEAT RIDGE f- II ~S
ARE YOU A REGISTER :0 VOl'ER? '/ e S
~ ARE YOU SEE \(11' G THIS APPOINTMENT? I U-Ju S c...s k cd
.5QfUe- .:r eJo,/ jeruiJ m'l ~n"'\U"c!J
DO YOU HAVE EXP\;~RI ~NCE IN THIS AREA74e5
HAVE YOU EVER SLR\ ED. OR I"RE YOU CURRE"'Tl Y ON A
BOARD/COMMISSlClN/t OMMIlTEE AND IF SO, WHICH ONE? HOW
LONG? 5UluuJ OAJ NUA1~ ~oIJMS~
ARE THERE ANY CONF .'CTS WHICt-' WOUlO INTERFERE WITH
REGULAR A ITENDjl.NC E OR DlITIES? /JL ()
S GNATURE ~;f ~J
PLEASE PRINT OR TYF:: NAME D~. -15 B R (D 6- t.-
ADDRESS .3d) / Of1K. 5T W~ lj"0033
HOME PHONE ~-=-;2 3(j- 95'8'S
BUSINESS PHONE._, 3 - 9g;):: 7(:,1 0
rO"lstributed . : 'if ,dbr1dy_ ~ ewe - ~/2 C () L-CS
Date: a / f / 0 fj Ma or: \
City Clerk: V l!~ WILl. BJ; 'SEPT O~ FILEfl)R ~ YEAR
City Treas:
t:~_ -_==-=-~_~~=- ~::.~_=~~:: ".~__.: j A TT A C H MEN T 1
PLEASE APPLY ONLY FOR ONE BOARD OR
COMMISSION
06 y,~t 24 PM 3: S:
APPLICATION FOR APPOINTMENT TO THE' :-II
vJ ~\ u{+ PII c/ ~r/ fJ t.{ (\ /) A -i ll)tJ
(BOA D/COMMISSION/COMMITTEE)
DATE:--.1.l2-0( Oip
1
DISTRICT ,~.
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 5 Llu.{v~
ARE YOU A REGISTERED VOTER? Y e ~
WHY ARE YOU SEEKING THIS APPOINTMENT? Pre-Hi/'f. CCyV\{/Y\()..rLl-H.j
lY1vl'.d\It't'nf'fl+ +n ~. ~~_ /AJh!a~F)ld (jL fYli~ fi~YIII/('J..~-c'c
vv\11, (.it' i/(JllifX!.rlA+) D,-o I('(+s.
, J
DO YOU HAVE EXPERIENCE IN THIS AREA? ~ Il-t'S
I
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW
LONG? 0U
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH
REGULAR ATTENDANCE OR DUTIES? 00
SIGNATURE
"/ ;"
~~~u1 t't ,Jy !f.M-
LOrYL\ /I/l.L \}-/o'\ h +-
'J
PLEASE PRINT OR TYPE NAME.
ADDRESS- L1QL/C; VI} :3L/t} ])y,'ve.-, vvrvc{tPlIcl';I(; Cu (f(()3~
-
HOME PHONE. 3o~ i-}d-~. "1yQL{
r~ t.b t ,CeLt -I rL~{) qg-S.,'66ZS
, IJIS rI U. 0 I _
Date: I/x,,~___ Mayor: v , .
City Clerjf L ADOOIif{JaS:- LD to _ ~ (;) ,nl. ( I, C,DtYl .
City Treas: Cirl Atty:
A~L1t':.t. ON WILL BE KEPT ON FILE FOR ONE YEAR
~.E.J. ~15
ATTACHMENT 2
t.:-:-_=::-~-=.'-
.
.~- -~-- -- "
....-.J
City of Wheat Ridge
Office of the Mayor
Memorandum
TO: Council
Randy Young
Joyce Manwaring
FROM: Jerry DiTullio
DATE: February 7, 2006
SUBJECT: Wheat Ridge Foundation
I am recommending Lorraine Wright and Dewey Bndge for appointment to the Wheat Ridge
Foundation. They will be filling two vacant spots on the foundation. Along with other foundation
duties, Ms. Wright and Mr. Bndge will be the leads on the fund raising effort for the athletic fields for
Wheat Ridge High School. Both appomtees live in Wheat Ridge and will be an asset to the Foundation
and the CIty of Wheat Ridge.
pc: file
ATTACHMENT 3
ITEM NO: 5 \
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE. February 13,2006 I
-~f'~' T=: ~1/i)
Il[ [~. ~';C~~,#>
TITLE:
RESOLUTION 07-2006: RESOLUTION FOR REFERENDUM C
ACCOUNTABILITY AND TRANSPORTATION FUNDING
D PUBLIC HEARING
D BIDS/MOTIONS
[g] RESOLUTIONS
D ORDINANCES FOR I ST READING (Date _)
D ORDINANCES FOR 2ND READING
QuasI-JudiCial
D
Yes
[g]
No
~~\<\ 0--'~'
City Clerk
, ,") -
\' " -\---~~
'j ,,-,
~'->('cp
City Ma er '>\
EXECUTIVE SUMMARY:
The Colorado Department of Transportation has requested consideration of Resolution 07 -2006 (see
attached) by the Wheat Ridge City Council. The resolution addresses the allocatIOn of revenue, and
clarities the City's support of the current method of allocation of state revenues for transportatIOn
needs. Local governments across the state are consIdering this resolution for presentation to the
Colorado State LegIslature.
COMMISSION/BOARD RECOMMENDATION:
N/A
ST A TEMENT OF THE ISSUES:
The Resolution supports the Governor's Supplemental Budget Request for Transportation, supports
and defends the funding legislation Senate Bill 01-2006 and House Bill 1310-2006, and supports
additional funds from Referendum C for transportation. The enacting law for Referendum C (House
Bill 05-1350) contains an allowance for spending on transportation. Results from a poll conducted
shortly after the November, 2005 election stated that the defeat of Referendum D was attributable to
general voter concern regarding increasmg state debt through bonding, and that sixty-four percent
(64%) of voters believed that roads, bndges and other strategIC transportation projects were a part of
the spending mix specified m Referendum C.
The City of Wheat Ridge contams seven (7) state and Interstate highways within its boundaries. The
improvement and maintenance ofthese systems are vital to the economic development, pubic safety,
and quality of life in the commumty ResolutIOn 07-2006 supports the following Strategic Plan Goals:
,.. Creatmg a Sustamable City Government
,.. City Prepared for Growth and Opportumties
,.. I-70 Corridor as a Major Commercial Center
'y Strong Partnership between City and Community
AL TERNA TIVES CONSIDERED:
Do not approve ResolutIon 07-2006
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to approve Resolution 07-2006 "
or.
"'I move to deny the approval of Resolution 07-2006 for the following reasons
~ ,
Attachments:
1 Resolution 07-2006
2 Resolution Talkmg Pomts.
Report Prepared by.
ReViewed by:
Pam Anderson, City Clerk
Randy Young, City Manager
RESOLUTION 07
Series of 2006
TITLE:
A RESOLUTION FOR REFERENDUM C
ACCOUNTABILITY AND TRANSPORTATION FUNDING
WHEREAS, On November 1, 2005, the voters of Colorado passed Referendum C,
Colorado's Economic Recovery Plan, which provides the State of Colorado with
mcreased tinancial stability for the next 5 years, and
WHEREAS, Referendum C expressly stipulates that Referendum C dollars be
"USED TO PAY FOR EDUCA TlON, HEALTH ('ARE, ROADS, BRIDGES, AND
OTHER STRATEGIC TRANSPORTATION PROJECTS. AND RETlREMENT PLANS
FOR FIREFIGHTERS AND POLlCE OFFICERS. "(Emphasis added), and
WHEREAS, Referendum D proposed to retam 10% of the Referendum C procceds
to provide bondmg capacity for capital Improvements including roads & bridges, school
buildings, higher education facilities and the tire/police pension plan, and
WHEREAS, after 2011 and for 20 years thereafter, Refercndum D proposed to
create a general fund obltgatlon of $100 M per year to fund the Referendum D bond
payments, and
WHEREAS, According to a poll of voters conducted on November 6 by Vitale &
ASSOCiates, a slgmficant majority of voters believe that roads, bridges and other strategic
transportation projects are mtegral to Referendum C fundmg; and
WHEREAS, According to the Vitale & Associates poll, the defcat of Referendum
D was attributable to general voter concern regardmg mcreasing state debt rather than
pnontlzing the funding areas Rcferendum C speCified, and
WHEREAS, Accordmg to the Vitale & Associates poll, 86% of voters believe that
the funding of transportatIOn strategic projects and the repair of existmg roads and
bndges IS an urgent, high or medIUm priority among all state funding priorities, and
WHEREAS, it IS imperatlvc that the Governor and the Legislature be cognizant of
the will of the voters and stay true to the pnnciples conveyed to the voters m secunng
passage of Referendum C, and
WHEREAS, Transportation needs in Colorado outpace currcnt and future funding;
and
WHEREAS, Colorado's transportatlOn construction budget has been reduced by
over 40% during the past 4 years from over $800 Milhon per year to the current level of
just over $320 million per year; and
ATTACHMENT 1
WHEREAS, addltlOnal funding IS needed to maintam current 60% system ratmg of
good/tiur road condition through 2011 at a rate of $300 M per year; and
Whereas, addItional funding is needed to mamtain current bridge condItions
through 2011 at a rate of $62 million per year; and
WHEREAS, an additlOnal $1 Billion per year in funding is necessary to mamtain
the operational capacIty of the highway system and to make capacity Improvements to
alleviate the congestion on 30% of Colorado's urban highways; and
WHEREAS, Governor Bill Owens presented his proposed FY 2005-06
supplemental budget and proposed FY 2006-07 budget before the Jomt Budget
Committee which appropnated a sum of $80 Million from the General Fund and fully
funded Senate Bill 97-1 (SB I) at $215.3 M, and
WHEREAS, through hiS budget, the Governor intends to jumpstart transportation
funding by front-end loadmg funds m the FY 2005-06 budget years as there will be no
SB I dollars available m FY 2006-07, and
WHEREAS, Senate BIll 97-1 allocates excess general fund revenues up to 10.35%
of the proceeds of sales tax revenues attributable to the sales of vehicles and related items
to the highway users tax fund and further requires at least 10% of all revenues transferred
to the HUTF to be expended for transIt purposes or for transit-relatcd capital
Improvements; and
WHEREAS, Senate B1I1 97-1 pre-dated the passage and Implementation of
Referendum C and IS a statutory obligation and commitment; and
WHEREAS, The $215.3 Imlhon attributed to SB 1 m the Governor's FY 2005-06
supplemental appropriation request IS statutorily required and therefore, non-negotIable;
and
WHEREAS, Sole reliance upon SB 1 for transportatIOn fundmg places
transportatlOn as wholly reliant upon the health of the economy to ensure state revenues
surpass the 6% threshold; and
WHEREAS, thc City of Wheat Ridge contams sevcn (7) separate state or Interstate
highways within its boundanes, and the improvement and maintenance of these systems
are vital to the pubic welfare, economy, and quality of life of the community;
AND, WHEREAS, an Important precedent will be set in FY 2006-07 for the fundmg of
Referendum C prionties m subsequent fiscal years;
Now, THEREFORE, BE IT RESOLVED, THAT the City of Wheat Ridge strongly-
1. Supports the Governor's proposed FY 2005-06 supplemental budget which
appropriated a sum of $80 Million from the General Fund and fully funded Senate
BJi197-1 (SB 1) at $215.3 M, and
2. Supports the full annual appropriation of SB I proceeds to transportatIOn and
opposes any effort to undermine full allocation of SB 1 proceeds to transportatIOn,
and
3 Supports the allocation of at least $ 100 M per year in years m which SB 1 does
not achieve this goal independently. This goal may be met by a combined
appropriatIOn under the 6% Arveschoug-Blfd spendmg limit, SB 1 allocations, or
HB 1310 allocation.
4. Supports the current HB 1310 formula of 1/3 for state capital projects and 2/3 for
transportation projects and opposes any effort to undermme full allocatIOn of HB
1310 proceeds; and
5 Supports and mtends to Identify and build support for long-term, sustainable
transportatIOn funding sources and other viable alternatives, m recognition of the
larger issue of shortfalls m long-term transportation fundmg; and
6 Supports a strong coalitIon effort of advocates of transportation fundmg to work
towards the accountabIlIty in the Referendum C allocatIOn process; and
7 Supports the fmthfullmplementation of Referendum C for Colorado's voters. and
8 Supports the appropnate accountability mechanisms to assure voter and statutory
mtent are honored.
DONE AND RESOLVED this _ day of
,2006
Jerry DiTullio, Mayor
ATTEST.
Pamela Y Anderson, City Clerk
REFERENDUM C ACCOUNTABILITY AND TRANSPORTATION FUNDING
The Ask and Talking Points
THE ASK
.
Support the Governor's Supplemental Budget Request for Transportation
Support and Defend SB 1 and HB 1310
Support additional funds from Referendum C for transportation
.
.
TALKING POINTS
· RefcrCtldum C Ballot Title Specifically Calls Out Transportation as a Beneficiary
"Without raising taxe.s and in order to pay for education, health care, roads, bridges,
and other strategic transportation projects; and retirement plans for firefighters and
police offices, shall the state he authorized to retain and spend all state revenues in
excess of the constitutional limitation on state fiscal year spending for the next five fiscal
years heginning with the 2005- 2006 fiscal year " (Referendum C Ballot Title, emphasis added)
· Referendum C Enacting Law Contains an Allowance for Ref C SpCtlding on Transportation
''If the voters of the state do not approve Referendum "0" moneys in the account shall
he used in a manner consistent with Section 24-77103 6 (2) (H.B 051350)
24 77 .1036 (2)' "There is hereby created in the general fund a general fund exempt
account, which shall consist of an amount of moneys equal to the amount of state
revenues in excess of the limitation on state fiscal year spending that the state retains for
a given fiscal year pursuant to this section The moneys in the account shall be
appropriated or transferred by the General Assembly for the following purposes:
(a) To fund health care
(b ) To fund education, including any capital construction projects related thereto,
(c) To fund retirement plans for firefighters and police officers, so long as the General
Assembly determines that such funding is necessary; and
(d)To pay for strategic transportation projects included in the Department of
Transportation's strategic transportation project investment program.
(H.B 051194, emphasis added)
· Polling Results Show Voters Defeated Ref D Because of Concerns About Debt
According to a poll of voters conducted on November 6, 2005 by Vitale &: Associates, the
defeat of Referendum 0 was attributable to general voter concern regarding increasing
state ckht;
. Polling Results Show Voters Assumed Ref C Included Fundingfor Transportation
According to the poll by Vitale &: Associates, 64% of voters believed that roads, bridges
and other strategic transportation projects were a part of the spending mix of specified
in Referendum C.
ATTACHMENT 2
. Polling Results Show Voters Have a Strong Degree of Support for Transportation Funding
According to the Vitale &: Associates poll, 86% of voters believe that the funding of
transportation projects and the repair of bridges is an urgent, high, or medium priority
among all state funding priorities.
· Colorado's Transportation Construction Budget has been Reduced by 40%
Over the past four years, COOTs construction budget has been reduced by over 400/0,
totaling ahout $1.2 Billion in projects that were planned for but could not be completed.
&i~
~&Y
ITEM NO:
G1
REQUEST FOR CITY COUNCIL ACTION
P--!
ccc6~d
c~J I
COUNCIL MEETING DATE:
February 13, 2006
TITLE:
MOTION APPROVING FORMATION OF BUDGET
OVERSIGHT COMMITTEE
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date._)
D ORDINANCES FOR 2ND READING
Quasi-Judicial.
D
Yes
~
No
r\ \ \___
~"'''{\;: _t'-- ' \
City Clerk
'\\9-- ..)
~
U0\~~
CIty Ma er (}
EXECUTIVE SUMMARY:
At the February 6, 2006 Study SessIon the formatIon of a Budget OversIght Committee was discussed.
In absence of a consensus, and in accordance wIth Council Rules of Order and Procedure, the item was
placed on the agenda by the request of two (2) or more City Council Members. Council Member
Gokey submitted the attached items for the packet.
COMMISSION/BOARD RECOMMENDATION:
One of Eight (8) recommendatIOns of the 2004 Blue Ribbon Panel included the establishment of a
citizen budget commIttee to perform annual budget revIew
STATEMENT OF THE ISSUES:
The Issues that were discussed at the Study session mcluded the necessIty for the implementation of
panel recommendatIons, the nature and process of cItizen partIcIpation, Council Member
accountabIlity and responsibility for budget oversIght.
AL TERNA TIVES CONSIDERED:
Do not form a Budget Oversight CommIttee.
FINANCIAL IMP ACT:
The addItIOn of a budget oversight committee may require undetermined additional expenditures m
staff tIme, cost of materials, and admmlstrattve support depending on the nature of the committee
(structure, frequency ofmeetmgs, etc).
RECOMMENDED MOTION:
"I move to approve the formation of the Budget Oversight Committee."
or,
"I move to deny the formation for the Budget Oversight Committee for the following
reasons
Attachments:
1 Councilor Gokey Budget Review Committee submission.
2. Counctlor Gokey Study Session hand-out.
BUDGET OVERSIGHT
COMMITTEE
1. We as a Council reviewed the recommendations of the Blue
Ribbon Committee After adopting the report, we went to the
voters and asked for a tax Increase because that was one of
eight recommendations the panel made Also in this report was
a recommendation for a Citizen Budget Committee. On page 11
of the summary of recommendations there are 8 items We are
in the process of addressing all but four of them The
foundation and dnving force behind the passing of the tax
Increase was the fact that a citizen committee recommended
the 1 % increase. A vital element like the Budget Committee
would allow citizen participation in the completion of one more
of the eight items
2. In The Voice of Wheat Ridge there were many references to
what IS working In the community The theme of government
and the public working in unison came up several times.
3 Public input into the budget and services are fiber to the
government. Working In unison as a team would forge a
stronger alliance between citizens and government.
4 Many of the challenges staff faces need to be understood by
the public and having this budget group involved would allow
for a better understanding between these two groups.
5 Our community consists of many talented individuals that could
help and guide this budget process I would not know why at
thiS time we would not take advantage of their talents The
perspective of the public would enter into the process so when
council makes ItS final decisions the public's voice can be heard
In a comprehensive process
6 There are many elements of government. Looking at these
elements, I for one would welcome input from individuals who
have a better working knowledge in areas such as Human
Resources, Public Safety, Public Works and long term
comprehensive plan goals Staff, while having qualified
personnel, would have the ability to interface in a helping hand
ATTACHMENT 1
3ubmitted by.
80uncilor Gokey
manner with the public to develop a stronger, in-depth budget
process
7 In times of volatile economic conditions a citizens committee
would be able to lend the perspective of the public in what they
perceive as being of priority to the public sector
8 The Joint Committee can evaluate the budget in respect to the
Comprehensive Plan, Neighborhood Revitalization Strategy
and other visionary concepts the City has adopted such as the
strategic plan, Urban Renewal Plan and Parks and Recreation
Plan
9. In February of 2005 the Strategic Plan for the City was
developed ThIS was the residue of many hours of hard work
from City Council, Staff and Lyle Sumek. Several of the highest
priorities focused around seeking community participation. On
page 18 of the Strategic Plan developed by City Council under
Action for 2005, item three states "development of a Citizen
Oversight Committee" I want to restate in the Voice of Wheat
Ridge under Items that are working, the theme of citizen
involvement comes up more than once. Under items that are
not working, the theme "councilor government needs to listen
to the citizens" was sighted more than once
1 0 The City fathers may at sometime have to go back in front of
the voters and ask for items like a bond issue to assist in the
redevelopment of the Wadsworth Corridor or any other large
Investment opportunity that might come up in the feature. I for
one would feel more comfortable coming back to the public and
asking for there support having completed as many of the eight
items on the Blue Ribbons Panel recommendation list as
possible
STUDY SESSION
February 6, 2006
Item 7.
Budget Review Committee
Council,
As the Blue Ribbon Panel completed there facts of finding peace to the citizen
of Wheat Ridge one of the recommendations was to develop a Budget Review
Committee (BRC) When talking about budgets there will be as many differing
view about a budget as there are people Over the last 4 years escalating health
care, general operation and health safety and welfare concerns have been
raising general citizen concerns The Blue Ribbon Panel recognized this and
that's way they made this recommendation Budget Review processes have
many different functions, but none of those functions relieve City Council from
there elected responsibility of amending or passing the budget.
On this panel could be people with expertise in a wide cross section of fields
These fields could be health care, public safety, construction, accounting, senior
resource, education and on and on These people working with staff could bring
together the Government and general population With a better under standing of
the challenge of staff and the perception of the public I am going to enclose a
couple of different profiles to give us a base of discussion There are many ways
of forming the BRC
Budget Review Board
The Budget Review Board was established by resolution to ensure the
appointed Budget Committee members are conversant with matters
pertaining to the City budget. The Board is charged with annually
reviewing the budget of selected departments and/or City functions,
making recommendations on service levels, and forwarding its
recommendations to Council for consideration by the full Budget
Committee.
Overview
Budget Review Board members are the "electors" of the budget
committee and their terms of office are the same on both advisory
bodies. This Board was established to enhance to roles of the
appointed Budget Committee members and to keep them involved
throughout the year rather than just at budget time. Please refer to
the Budget Committee for applicant information. All board members or
commissioners shall serve without compensation. For a detailed
description of the City's boards, commission and committees, please
refer to the city's municipal code
ATTACHMENT 2
Submitted by:
::;ouncilor Gokey
Overview
Board or commission vacancies are filled by appointment of the mayor
with the consent of council. Appointments are made for terms not to
exceed three years and will expire the last day of March unless
mandated otherwise by state statute. All board members or
commissioners shall serve without compensation. For a detailed
description of the City's boards, commission and committees, please
refer to the city municipal code, Title 2, Administration and Personnel.
The Budget review board is the portion of this committee, which does
not include council members and meets year round.
BudQet Committee
The budget committee is established in accordance with the provisions
of (ordnance) to review the city budget document as prepared by the
city budget officer and to recommend an approved budget to the city
council for adoption.
Basic time frame
Sep - Proposed budget presented by management. Copies provided for all members
Committee members and homeowner input, common area budget
requests/discussion
Sep - Committee budget requests/discussions (Activities, Communications. Security,
Transportation. Amenities, Covenants, Modifications, New Development, Swim
Team)
Oct - Neighborhood Committee requests/discussions
Oct Finalize budget for approval at the October City Council Meeting
Milwaukee used this method of setting there committee up
Town of Salem, NH
Municipal Budget (ommitlcc Bylaws
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION Vlll
';;ECTION L\
Municipal Budget Committee
By Laws
Adopted. June 11, 1997
Table of Contents
Purpose
Orgamzation
Membershtp
Officers
\' acancles
DutIes of Officers
ChaIrman
VIce ChaIrman
Secretary
1-2
..,
..,
ResponsibIlitIes and DutIes of the CommIttee
2-3
ForfeIture or Removal from Office
3
Conduct of MeetIngs
General ProvIsIons
Quorum
Order of BUSIncSS
Role of the Chatnnan
Role of the RecordIng Secretary/Clerk
Rules of Order
AdoptIon and Amendmcnt
3-4
4
4
4-5
5
5-7
7
Se\ crance
7
Town ofSalcm, NH
Municipal Budgct Committcc B\'la",
Section I
A
Section II
A
B
Section I II
~ection IV
Purpose:
The purpose of the By-Laws of the Budget CommIttee IS to define the
CompositIOn, terms of office, vacanCies, functIOns and dulies of the ( ommltlee
Organization:
MembershIp - The Committee shall compnse of such number of members and
other representatIOn as determmed by Town Meetmg adoptIOn of RSA 32. and
who shall serve staggered terms of three years.
Officers
NommatlOns of, and electIons for, al1 Officers shall be by a maJonty vote of those
present.
A Chalmlan, Vice Chairman and Secretary shall be elected at the first
regularly scheduled meetmg followmg Annual Town Meetmg:, hut not
later than Apnl 30
-,
In the case of a vacancy m the pOSitIOn of Chairman atter such electIOn,
the Vice ChaIrman shall ImmedIately succeed to the poslllon of Chairman.
The Secretary shall thereupon succeed to the pOSitIon of v Ice Chairman
A nev. Secretary shall be elected at the first regularly scheduled meetmg
after the Secrctary=s pOSitIOn becomes vacant.
3
In the case of a vacancy m the pOSItion of Vice ChaIrman after such
electIOn, the Secretary shalllInmedlately succeed to the pOSitIOn of Vice
Chairman. A nev~ Secretary shall be elected at the first regularly
scheduled meetmg after the Secretary'=s pOSitIOn becomes vacant.
Vacancies
A
\ acancles shall be filled wilhln thirty (30) days by a maJonty vote of the
remammg members of the Commlllee present and pursuant to RSA 32.
Duties of Officers
A
ChaIrman
The Chairman shall preSide at all meetings of the CommIttee and perform
such dutIes as reqUired by Statute
-, The Chairman shall schedule atl meetmgs, assemble the agenda and
related matenals for all regular and speCial meetmgs of the committee,
schedule meeting rooms and notIfy all members of said schedule.
Town of Salem, NH
Municlral Budget Committee Hvlaws
3
The ChaIrman shall exccute all documcnts requlflng signature on bchalf of
the CommIttee, except as otherwise proVided by Statute.
4
The Chairman may, with the approval ofa maJonty of the Committee
present, and/or at the request of the Selectmen or School Board, delegate
certaIn Members of the Committee to mvestJgate budgetary mattcrs or to
serve on cltlzens= committees or sub-commIttees.
B Vice Chairman
(' Seeretar\
Section V
A
B
c
D
In the absence of the ChaIrman, the Vice ChaIrman shall presldc over and
assume all duties and responsibilities of the Chairman In addrcssmg the
bUSiness of any regularly scheduled or speCIal meetIng.
..,
ASSist the Chairman m schedulmg and coordmatmg matenals for all
regularly scheduled and speCial meetmgs of the CommIttee
The Secretary IS the custodian of the offiCial mmutes ofmeetmgs and shall
sign same as revised and approved.
..,
The Secretary IS the custodian of all correspondence and other documents
as may be forwarded to thc Committee for review and, or action.
3
In the absence of thc Chairman and the V Ice Chairman, the Secretary shall
preSide over and assume all dutIes and responsihlhtles of the Chairman In
addrcssIng the bUSIness of any regularly scheduled or special meetmg.
Responsibilities and Duties of the Committee
The Budget Committee shall carefully rev Ie\\, all requests for hudgets and all
rcvenue csllmates and shall gl\ e consideratIOn to allla\\ ful requests for the
ensuIng fiscal year and to re\ IC\\ npendlture reports penodlcally pursuant to
R~A 32 as may be amendcd from tnnc to tIme
The Budget Committee shall revle\\, any audit reports submitted on behalf of any
audItor for the Town or School Dlstnct as such report(s) become available A.udlt
rcports shall be forwarded to the Chairman by the Selectmen and School Board
upon their receipt
Attend Annual and SpcClal Town and School Dlstnct meetmgs
Committee Members may scrve on cltIzens= or other sub-commIttees at the
request of the Selectmen or School Board and as appomted by the Chairman.
~
Town of5alcm. Nil
Municipal Budgct CommJltcc Bvl,,,, ,
E. Members shall act collectIvely as a body unless authonzatlOn IS !!,,;en a member
to act as rcpresentatlve and WIth specific mstructlOn of that body to do so
Section VI Forfeiture or Removal from Office
A. Pursuant to RSA 32, any Membcr shall cease to hold office Immediately uron
mIssmg four consecutive scheduled or announced meetmgs, of whIch that
Mcmber received reasonable notIce, WIthout bemg excused by the ChaImlan
B ConsIderatIOn shall be gIven appomtcd and elected members for absences under
the CIrcumstance of prolonged Illness
Section VII Conduct of Meetings
A General ProvIsIOns
All mectmgs are open to thc rubltc unlcss a maJonty of Mcmbers present
vote otherwIse, pursuant to RSA 9]-A
..,
OrganizatIOnal Meetmg - The date for an OrgamzatlOnal Meetmg to clect
officers, whIch shall be the Committee=s first regularly scheduled
meetmg. shall be voted by the Commlttec at Its last sessIOn before Annual
Town Meetmg. SaId meetmg shall be held no later than Apnl 30
3
Regular Meetmgs - A schedule of regular meetmgs through Apnl 30 of the
followmg year shall be agreed upon by the last mectmg m May SaId
schedule shall be set by maJonty vote of the Members present and shall be
effectIve through the conclusIon of the next Annual Town Mcetmg. SaId
schedule may be amended by a maJonty vote of the Members present.
4
SpeCIal MeetIng~ - SpeCial MeetIngs may be called by the Chamnan or by
three (3) Members of the CommIttee The Member(s) calltng the mectmg
shall notify all other Members forty eIght (48) hours In advance of the
SpeCIal Meetmg. Said notICl~ shall state the purpose of the SpecIal
Meetmg.
5
Public Hearmgs - The recommended budgets shall be set by a maJonty
vote of the CommIttee and shall be subject to publtc heanng rules set forth
m RSA 32 and as amcndcd from tIme to tIme. Publtc Hearings shall be on
separate datcs for the Town budget and the School Dlstnct Budget
(,
Annual and SpcClal Town and School Dlstnct Meetmgs - The ChaIrman
shall announce each budget request and the Commlttee=s
recommendatIon, explam the baSIS for such recommendatIOn, and the
results ofthc vote taken for such recommendatIOn. The Chamnan may, If
requesIed, read an explanatIon of the mlnonty posttIon If so requested.
J
Town ofSalcm. NH
1\lunlclpal BudgcI ( omrnlllcc B\ laws
7
Sub-CommIttees - Meetmgs shall be called as requITed by the Chairman of
the Sub-CommIttee. Wntten reports from Sub-CommIttees shall be
entered mto the mInutes of the Budget CommIttee=s meetmg at whIch
they are presented.
B Quorum - A quorum shall consist offive members of the Budget Commlttec
C Order of Busmess or Agenda IS recommended as follows
a. Call to order and Pledge of AllegIance
b Roll Call
c ReceIpt of Correspondence
d. Approval of MInutes
e. Old Busmess
f Review of Budgets and Expenditures
g. InformatIOn and Proposals
]. From Sub-CommIttee(s)
.., From Members
3 From Members of the School Board. Selectmen.
Department Heads and CIl1zens
h. Adjournment
D Role of the Chairman
Open the meetmg at the presenbed tUlle by a Call to Order
.., Announce the business before the Comllllttee 111 the order m \\ llll:h It IS to
be acted upon andJor entertain motions to change such order
:1 Recogl1lze Members and-or meeting attendees, entitlIng said Members
and or attendees to the lloor
..\ State and put to \ ote all questions \\ hleh are regularly called. or
necessanly anse In the course of the proceedmgs and to announce the
result of the \ ote
:; Protect the Comllllttee from annoyance
() ASSist m expedItIng all bus mess m every way compatible wIth the rights
of the Members by allOWing bnefremarks when undebatable Motions are
pendmg or by callmg a bnefreccss to permIt restoration of order or for
clanficatlOn of an obscure pomt If the Chairman deems It adVisable
7 To restramthe Members when engaged 111 publIc debate through use of the
Rules of Order
8 To enforce, on all occaSIOns, the observance of order and decorum among
4
Town of Salem. NH
Municipal Budget (ommlttcc By I,,,, ,
the Members, decldmg all questIOns of Order (subject to appeal by any
two Members) unless the Chairman prefers to submit the qucstlOn for
decIsion of the Committee.
9 To mform the ( ommlllee on a romt of Order or practice pertment to
pendmg bus mess
10 To authenticate by thc Chalrman=s signature, when necessaf). all acts.
orders and proceedmgs of the Committee
I I The Chairman shall be the last Member to cast a vote on every Issue
E Role of the Recordmg Secretary/Clerk
The Recordmg Secretary/Clerk shall be the recordmg offiCIal of the
CommIttee and shall attend all meetmgs as scheduled.
.,
Transcribe and type mmutes of the meetmg and forward copies to each
Member pursuant to RSA 9 I-A
3
AudiO tapes and wntten notes shall be forwarded to the Selcctmen=s
Office upon final approval of the mmutes of a meetmg
4
Research such Items as requested by the Chairman or any Member of the
CommIttee
5
Assemble a notebook of approved mmutes and other related matenals,
along \\ Ith a computer diskette If available. for permanent record and
forward same to the Town Clerk annually
r Rules of Order
Obtammg the r loor
a. "'.ddress the Chairman by hiS title and Wait for recognitIOn. When
recognl7ed. a Mcmber may speak and. With fev. exceptions. no
Membcr or meeting attendee may mterrupt.
b Unllllllted debate will be allowed so long as the matter discussed IS
germane to the questIOn bemg debated.
")
MotIons - All proposals seekmg actIOn by the Committee shall be
presented by a formal Motion.
a. Motions v. III be recognIzed by the ChaIrman and called for a
Second and Vote.
5
Town of Salem, NH
!\1unll'lpal Bud!,cI ( ommlllcc Ihla\"
b
A Second to a MotIOn must be receIved before the ChaIrman may
entertam discussIOn and Vote. Should no Second be recel\ed, the
MotIOn WIll be conSIdered to have Diedfor Lack of Second and so
recorded.
c
Motions to Table reqUIre a second. and will recel\ e no discussion
d.
Amendments to a Motion may be made by any Memher at an~
time after a Second to a MotIon has been received. A second and a
Vote upon the Amendment must be taken before proceedmg With
the ongmal MotIon. No more than one ( I ) Amendment to a
MotIon may be entertamed by the CommIttee at any time
e.
MotIOn to Continue shall be entertamed on any Item a Member
shall deem not completely addressed and discussed at a meellng
A MotIOn to Contmue requires a Second.
I'
Motion to Refer - May be requested when a Member deems It
adVisable to give further study to a proposal or other matter A
MotIon to Refer reqUires a Second.
3 Votes - Shall be taken after diSCUSSion has reached a conclUSion and shall
be hy raised hand
a. \' oles shall he recorded m the mmutes of the meetmg as number
for. number agamst. numher abstammg, and a notallon of an~
Memhers \\ho may be absent from the Vote
b Roll Call \ otes'shall be rccorded m the mmutes of the meetmg as
(Yes) followed bJ Member:,= names, (No) followed bJ Members=
names. and (Abstam) follO\~ed hy Members names and a notatIOn
of any Memhers who maJ he absent from thc Roll Call Vote
4 Pomt of Infonnallon - Ma~ he called should a Member seek clanficatlOn
on any Issue heforc the Committee which may seem to have hecome
obscure or mvolved
5 Pomt of Order - MaJ be called when a Member deems a pOSSible VIOlation
of procedure or decorum has occurred. The Chamnan shall rule
Immediately on any Pomt of Order called or request a vote of the
Committee
6 Order of the DaJ - May be called when a Member determmes that the
diSCUSSion has strayed fr.om the subJect mattcr at hand or regularly
scheduled husmess of the CommIttee.
(,
Town of Salem. NH
MUniCipal Budget (omtllltlee Bvlaw,
7
Appeal from the Chair - May be called by any Member who disagrees
with a decIsIOn rendered by the Chalnnan. If the Appeal receives a
Second. the Chalnnan shall restate the question or Issue and request a
Vote of the Committee to overrule or sustam
g.
Out of Order - May be called only by the Chalnnan when any Member or
meetmg attendee IS deemed to be unruly and not conductmg themselves
accordmg to the Rules of Order The Chalnnan may request the offendmg
person removed from the meetmg.
9
Requests for Infonnatlon
A Members Requests - Any member=s request IS to he conSidered a
request of the Committee.
B InfonnatlOn Requests - Should It become apparent to the Chalnnan
or a member m the mterIm between meetmgs that additIOnal
mfonnatlOn relative to a specIfic budget Item may be needed for
Committee use at the next regularly scheduled meetmg. a WrItten
request for thiS mfonnatlon may be submitted to the School Board
or Selectmen=s representative Such mfonnatlon should be made
available to the Committee at Its regularly scheduled meetmg
SECTlO:\ VIII
Adoption and Amcndmcnt
A. These by-laws shall be knows as the I\,lunicipal BudKet Committee By-Law~ of
the Town of Salem.
B These by-laws shall become effective after adoption by majorIty vote of the
Budget CommIttee at a regular or speCial meetmg.
C These by-laws may be amended from time to time by the Budget Committee at a
regular or special meetmg
SECTlOl'. IX Severance
A If any sectIOn, subsectIOn, paragraph, sentence, clause or phrase of these by-laws
shall be declared mvaiId for any reason whatsoever, such deCISIOn shall not effect
the remammg portIOns thereof. which shall remam m full force and effect and to
thiS end, the prov ISlOns of these by-laws are hereby declared to be severable
Adopted June 25. J 997
Accepted May 24.2000
Amended/Accepted May 8. 2002
Accepted April 9 200J
Amended/Accepted April 14 2004
7
Page 1 of 1
From: Ralph Mancinelli [ralphhis2@comcast.netj
Sent: Monday, February 13, 2006 10:58 AM
To: Dean Gokey
Subject: Budget Oversight Committee
~.Shl~0 ~J M~. ~
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Jt~0.
Dean Gokey
Ralph F. Mancinelli
4500 Quay St.
Wheat Ridge, CO 80033
Mr. Enos Gokey
Wheat Ridge Councilmember
District 11
February 13, 2006
Hi Dean:
Ijust wanted to drop you a line in support of your concept for a "Budget Oversight Committee."
With the preliminary budget being delivered in mid-year, there would be no down-time in getting
it passed before the year's end.
I feel it would be a help to those in this community who have had experience with this Cities
budget and are interested in what direction we are taking, to have that opportunity to view this
document as a group.
Education on the revenue stream and proposal on how to use it teU an interesting story about the
City.
The bottom line is tbat City Council makes an the final decisions for every budget passed, not a
committee.
Respectfuny,
Ralph Mancinelli
2/13/2006
Page 1 of I
Patrick Goff
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@ rv- V\AuA.~ Z(\:5/~0
From: Dean Gokey [egokey@comcast.net]
Sent: Saturday, February 11, 2006 g' 37 AM
To: Jerry DiTullio; Karen Adams, Karen Berry; Larry Schultiz; Mike Stites; Terry Womdle, Wanda Sang
Cc: Patrick Goff; Randy Young; Pamela Andreson, Mary Jo Cavarra
Subject: BOC motion
I move to approve the formatIOn of a Wheat Ridge Budget Oversight Committee
I further move that the City Manager's Office meet with the Mayor, Mayor pro tem and CouncIl
President, to determine the structure, duties and implementation of the Budget Oversight CommIttee
I further move that the Budget Oversight Committee be m place for the 2006 and 2007 budget years for
the followmg reasons.
1. Establishmg the Budget OversIght CommIttee would fulfill one more of the recommendatIOns of the
Blue Ribbon Panel
2 EstablIshIng the Budget OvcrsIght Committee IS consistent wIth the goals of the CIty Councils
Strategic Plan for the City
3 The Budget Oversight Committee allows for a more open and transparent partnershIp between
CItizens, Council and staff concerning taxpayer dollars
2/13/2006
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Page 1 of 1
Dean Gokey
From: Ralph Mancinelli [ralphhis2@comcast.net]
Sent: Monday, February 13, 2006 10.58 AM
To: Dean Gokey
Subject: Budget Oversight Committee
Ralph F. Mancinelli
4500 Quay St
Wheat Ridge, CO 80033
Mr. Enos Gokey
Wheat Ridge Councilmember
District 11
February 13, 2006
Hi Dean:
Ijust wanted to drop you a line in support of your concept for a "Budget Oversight Committee."
With the preliminary budget being delivered in mid-year, there would be no down-time in getting
it passed before the year's end.
I feel it would be a help to those in this community who have had experience with this Cities
budget and are interested in what direction we are taking, to have that opportunity to view this
document as a group.
Education on the revenue stream and proposal on how to use it tell an interesting story about the
City.
The bottom line is that City Council makes all the final decisions for every budget passed, not a
committee.
Respectfully,
Ralph Mancinelli
2/13/2006
\', ,,\~, '\ \- /
, -" ;,' 'r,.'l ~
I move to ---
1. Have a budget presentation at the televised
to'\Nn meeting.
2. Create a mailing list of those citizens that
'\Nould like to be informed of any meeting,
information, or information on ho'\N to be
involved in the budget process.
3. Increase the number of public hearings on the
budget.
4. Increase citizen participation by having
smaller district community meetings '\Nith staff
for information and participation.
5. As Council President, '\Nork '\Nith staff on an
extended schedule for City Council budget
meetings.
G;>,
~_.
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DATE: February 13, 2006
GENERAL AGENDA ITEM COMMENT ROSTER
ANY PERSON MAY SPEAK CONCERNING 1 r r EACH SUCH PERSON MUST
SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER.
THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A
PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER.
r
NAM~~~ ' ADDRESS AG~~TEM NO.
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