HomeMy WebLinkAboutZOA-11-08CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER JAY
Council Bill No. 27
Ordinance No. 1500
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
the constitution and laws of the state of Colorado and a home rule charter adopted
pursuant to the authority granted by Article XX of the Colorado Constitution; and
WHEREAS, the Wheat Ridge City Council (the "Council') is empowered by the
Wheat Ridge Home Rule Charter and the Colorado Constitution to adopt ordinances on
matters of local concern; and
WHEREAS, the Council finds that it is necessary to specify the applicability of
the Colorado Revised Statutes to annexation of property to the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1 . Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of
a new Article XII, entitled "Annexation," to read in its entirety as follows;
ARTICLE X11 ANNEXATION
Sec. 26 -1201. Reserved.
Sec. 26 -1202. Annexation procedure.
All annexations of real property to the city shall follow the requirements of Article 12 of
Title 31 of the Colorado Revised Statutes, as amended.
Sec. 26 -1203. Disconnection procedure.
Ali requests for disconnection of real property from the city shall follow the applicable
requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended,
provided, however, no such disconnection shall be initiated or completed unless and
until the city council, acting in its sole and exclusive discretion, adopts an ordinance
approving such disconnection.
Section 2 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 8th day of August, 2011, 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 September 12, 2011 at 7:00 p.m., in the Council Chambers, 7500 West
29 Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ? to 0 , this 12th day of September, 2011.
SIGNED by the Mayor on this 12th
ATTEST:
Michael Snow,
t O AL m Ap as 4ty RPO� Gerald E. Da, ney
First Public ation: August 11, 2011
Second Publication: September 15, 2011
Wheat Ridge Transcript
Effective Date: September 30, 2011
City Council Minutes September 12, 2011 Page 3
Louise Canjar was unable to attend the July Planning Commission hearing and
thanked the Commission and staff for removing the road access to 30"' Avenue and
Webster Streets.
The MCPN representatives answered citizen and Council questions, indicating that a
fence was not to be built along the north boundary of the site. Also, because the site is
being funded partly through Federal funds, this assures that the site cannot be vacated
at any time in the near future. Last, MCPN is pursuing Gold LEER standards, which
adhere to high sustainability standards in its building.
Mayor DiTullio closed the public hearing.
Motion by Mr. Reinhart to approve Council Bill 25 -2011 (Ordinance 1499) on second
reading and that that if take effect 15 days after final publication; with the following
condition:
1. The applicant continues working with the Public Works Department to resolve
drainage design on the site.
Seconded by Mr. DeMott and Mrs. Sang; carried 7 -0.
Mayor DiTullio called for a five minute break at 7:46pm., reconvening at 7:51 pm.
2. Council Bill 24 -2011 — concerning appeals from decisions of the Director of
Public Works.
Mayor DiTullio continued the public hearing.
Council Bill 24 -2011 was introduced on second reading by Mr. Reinhart. City Clerk
Michael Snow previously assigned Ordinance No. 1497.
Mr. Dahl stated that the particular decisions that can be taken to the Board of
Adjustment must follow final approval of a project by the Planning Commission and City
Council.
No citizens were present to speak on the item.
Mayor DiTullio closed the public hearing.
Motion by Mr. Reinhart to approve Council Bill 24 -2011 (Ordinance 1497) on second
reading and that that if take effect 15 days after final publication; second by Mrs.
Adams; carried 7 -0.
3, Council Bill 27 -2011 — amending the Wheat Ridge Code of Laws- concerning
Annexation of Real Property to the City.
City Council Minutes September 12, 2011
Mayor DiTullio opened the public hearing.
M
Council Bill 27 -2011 was introduced on second reading by Mrs. Jay. City Clerk
Michael Snow assigned Ordinance No. 1500.
No staff report was given.
No citizens were present to speak on the item.
Mayor DiTullio closed the public hearing.
Motion by Mrs. Jay to approve Council Bill 27 -2011 (Ordinance 1500) on second
reading and that that if take effect 15 days after final publication; second by Mrs. Sang;
carried 7 -0.
DECISIONS RESOLUTIONS AND MOTIONS
4. Resolution 27 -2011 — authorizing assignment to the Colorado Housing and
Finance Authority of a Private Activity Bond allocation of the City of Wheat Ridge
pursuant to the Colorado Private Activity Bond Ceiling Allocation Act,
Resolution 27 -2011 was introduced by Mr. DeMott.
Per Mr. Dahl this Resolution was noticed as a Public Hearing because this is how these
types of Resolutions have always been handled in the past.
Mayor DiTullio opened the public hearing.
No staff report was given.
No citizens were present to speak on the item.
Mayor DiTullio closed the public hearing.
Motion by Mr. DeMott to approve Resolution 27 -2011; seconded by Mrs. Langworthy;
carried 7 -0.
5. Motion to approve payment to Insight Public Sector in the amount of $51,618.51
for the Annual Renewal of the Microsoft Enterprise Agreement.
Motion by Mr. Stites approve payment to Insight Public Sector in the amount of
$51,618.51 for the Annual Renewal of the Microsoft Enterprise Agreement; seconded
by Mr. Reinhart; carried 7 -0.
City of
WheatF<idge
C,L
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ITEM NO: J.
DATE: Sept. 12, 2011
REQUEST FOR CITY COUNCIL ACTION
a
TITLE: COUNCIL BILL NO. 27- 2011 - AN ORDINANCE AMENDING
THE WHEAT RIDGE CODE OF LAWS CONCERNING
ANNEXATION OF REAL PROPERTY TO THE CITY
® PUBLIC HEARING ❑ ORDINANCES FOR 1 READING (08/08/2011)
❑ BIDS/MOTIONS ® ORDINANCES FOR 2 READING (09/12/2011)
❑ RESOLUTIONS
QUASI - JUDICIAL: ❑ YES ® NO
City Attorney City Manager
ISSUE:
Ordinance adopting procedures for annexation and de- annexation of real property.
PRIOR ACTION:
It was recommended for approval by the Planning Commission at its September 1, 2011 meeting
by a vote of five to zero.
FINANCIAL IMPACT:
None
BACKGROUND:
The Wheat Ridge Code of Laws does not currently specify procedures for annexation of property
to or de- annexation of property from the City. The proposed ordinance incorporates state
statutory procedures and requires Council approval by ordinance for any deannexation.
RECOMMENDATIONS:
Staff recommends adoption of the ordinance and to schedule public hearing for September 12,
2011 to allow this ordinance to be considered by the Planning Commission on September 1,
2011.
V :\Forms \CAFtemplate
Council Action Form
September 12, 2011
Page 2
"I move to approve Council Bill No. 27 -2011 an ordinance amending the Wheat Ridge
Code of Laws concerning annexation of real property to the City, on second reading, and
that it take effect 15 days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 27 -2011 an ordinance amending the
Wheat Ridge Code of Laws concerning annexation of real property to the City, for the
following reason (s) "
REPORT PREPARED BY:
Gerald Dahl, City Attorney
ATTACHMENTS:
1. Ordinance No. 27 -2011
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER JAY
Council Bill No. 27
Ordinance No.
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
the constitution and laws of the state of Colorado and a home rule charter adopted
pursuant to the authority granted by Article XX of the Colorado Constitution; and
WHEREAS, the Wheat Ridge City Council (the "Council') is empowered by the
Wheat Ridge Home Rule Charter and the Colorado Constitution to adopt ordinances on
matters of local concern; and
WHEREAS, the Council finds that it is necessary to specify the applicability of
the Colorado Revised Statutes to annexation of property to the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1 . Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of
a new Article XII, entitled "Annexation," to read in its entirety as follows:
ARTICLE XII ANNEXATION
Sec. 26 -1201. Reserved.
Sec. 26 -1202. Annexation procedure.
All annexations of real property to the city shall follow the requirements of Article 12 of
Title 31 of the Colorado Revised as amended.
Sec. 26 -1202. Disconnection procedure.
All requests for disconnection of real property from the city shall follow the applicable
requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended,
provided, however, no such disconnection shall be initiated or completed unless and
until the city council, acting in its sole and exclusive discretion, adopts an ordinance
approving such disconnection.
Section 2 Severability. Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
Attachment 1
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 8th day of August, 2011, 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 September 12, 2011 at 7:00 p.m., in the Council Chambers, 7500 West
29 Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this 12th day of September, 2011.
SIGNED by the Mayor on this day of 2011.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: August 11, 2011
Second Publication:
Wheat Ridge Transcript
Effective Date:
City of
WheatPdge PLANNING COMMISSION
COMMUNITY DEVELOPMENT LEGISLATIVE ITEM STAFF REPORT
MEETING DATE: September 1, 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING ANNEXATINO OF REAL PROPERTY TO THE CITY
CASE NO. ZOA -11 -08
® PUBLIC HEARING
® CODE CHANGE ORDINANCE
Case Manager: Kenneth Johnstone, AICP, Director of Community Development
Date of Preparation: August 18, 2011
SUMMARY:
The attached ordinance proposes an amendment to Chapter 26 of the municipal code, adding a new article,
Article XII, pertaining to annexation. The ordinance was initiated at the recommendation of the City
Attorney's office and is consistent with State statutes regarding annexation. The ordinance amends Chapter
26 of the municipal code and as such, requires review by the Planning Commission, with the Commission's
recommendation on the ordinance to be forwarded to City Council for consideration.
BACKGROUND
The ordinance was initiated at the recommendation of the City Attorney. The ordinance was introduced
on 1" reading at City Council on August 8, 2011, with a City Council public hearing set for September
12, 2011. As proposed, the ordinance requires that all requests for disconnection (also referred to as de-
annexation) of real property from the City shall follow all required Statutory rules and additionally, no
such disconnection can be initiated or completed unless City Council first adopts an ordinance approving
such disconnection.
RECOMMENDED MOTION:
"I move to recommend approval of Case No. ZOA- 11 -08, an ordinance amending the Wheat Ridge
Code of Laws concerning annexation of real property into the city."
Exhibits:
1. Proposed ordinance
ZOA -11 -08 /Annexation and Disconnection
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 27
Ordinance No.
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
the constitution and laws of the state of Colorado and a home rule charter adopted
pursuant to the authority granted by Article XX of the Colorado Constitution; and
WHEREAS, the Wheat Ridge City Council (the "Council ") is empowered by the
Wheat Ridge Home Rule Charter and the Colorado Constitution to adopt ordinances on
matters of local concern; and
WHEREAS, the Council finds that it is necessary to specify the applicability of
the Colorado Revised Statutes to annexation of property to the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1 . Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of
a new Article XII, entitled "Annexation," to read in its entirety as follows:
ARTICLE XII ANNEXATION
Sec. 26 -1201. Reserved.
Sec. 26 -1202. Annexation procedure.
All annexations of real property to the city shall follow the requirements of Article 12 of
Title 31 of the Colorado Revised Statutes, as amended.
Sec. 26 -1202. Disconnection procedure.
All requests for disconnection of real property from the city shall follow the applicable
requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended,
provided, however, no such disconnection shall be initiated or completed unless and
until the city council, acting in its sole and exclusive discretion, adopts an ordinance
approving such disconnection.
Section 2 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
EXHIBIT 1
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to _
on this day of 2011, 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 , 2011 at 7:00 p.m., in the Council
Chambers, 7500 West 29 Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to , this day of 2011.
SIGNED by the Mayor on this day of 2011.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
City of
Z
Wheat�iclge
ITEM NO:
DATE: August 8, 2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 27-2011 - AN ORDINANCE AMENDING
THE WHEAT RIDGE CODE OF LAWS CONCERNING
ANNEXATION OF REAL PROPERTY TO THE CITY
❑ PUBLIC HEARING ® ORDINANCES FOR 1 READING (08/08/2011)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 READING (08/22/2011)
❑ RESOLUTIONS
/ YES
City Attorney
NO
City Manager
ISSUE:
Ordinance adopting procedures for annexation and deannexation of real property.
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
BACKGROUND:
The Wheat Ridge Code of Laws does not currently specify procedures for annexation of property
to or deannexation of property from the City. The proposed ordinance incorporates state
statutory procedures and requires Council approval by ordinance for any deannexation.
RECOMMENDATIONS:
Staff recommends adoption of the ordinance.
V: \Forms \CAFtemplate
Council Action Form
August 8, 2011
Page 2
RECOMMENDED MOTION:
"I move to approve Council Bill No. 27 -2011 an ordinance amending the Wheat Ridge
Code of Laws concerning annexation of real property to the City, on first reading, order it
published, public hearing set for Monday, August 22, 2011 at 7:00 p.m. in City Council
Chambers, and that it take effect 15 days after final publication.
Or,
"I move to table indefinitely Council Bill No. 27 -2011 an ordinance amending the Wheat
Ridge Code of Laws concerning annexation of real property to the City.
REPORT PREPARED BY:
Gerald Dahl, City Attorney
ATTACHMENTS:
1. Ordinance No. 27 -2011
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 27
Ordinance No.
Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
the constitution and laws of the state of Colorado and a home rule charter adopted
pursuant to the authority granted by Article XX of the Colorado Constitution; and
WHEREAS, the Wheat Ridge City Council (the "Council') is empowered by the
Wheat Ridge Home Rule Charter and the Colorado Constitution to adopt ordinances on
matters of local concern; and
WHEREAS, the Council finds that it is necessary to specify the applicability of
the Colorado Revised Statutes to annexation of property to the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1 . Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of
a new Article XII, entitled "Annexation," to read in its entirety as follows:
ARTICLE XII ANNEXATION
Sec. 26 -1201. Reserved.
Sec. 26 -1202. Annexation procedure.
All annexations of real property to the city shall follow the requirements of Article 12 of
Title 31 of the Colorado Revised Statutes, as amended.
Sec. 26 -1202. Disconnection procedure.
All requests for disconnection of real property from the city shall follow the applicable
requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended,
provided, however, no such disconnection shall be initiated or completed unless and
until the city council, acting in its sole and exclusive discretion, adopts an ordinance
approving such disconnection.
Section 2 Severability, Conflicting Ordinances Repealed If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3 . Effective Date This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _
on this day of 2011, 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 , 2011 at 7:00 p.m., in the Council
Chambers, 7500 West 2g Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of 2011.
SIGNED by the Mayor on this day of 2011.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Record: I4 n 3927.[ N ►* of 3927 . < 1 _
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