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HomeMy WebLinkAboutWCA-02-01CITY COUNCIL MINUTES: October 28, 2002 Page -6- Item 3. Council Bill 34 -2002 — An Ordinance amending Section 16 -110 of the Code of Laws of the City of Wheat Ridge concerning the criminal offense of Domestic Violence to. correct references to State Domestic Violence Laws. Council Bill 34 -2002 was introduced on second reading by Mr. Gokey; summary and background were read by the Clerk; Ordinance No. 1269 assigned. Motion by Mr. Gokey to adopt Council Bill 34 -2002 (Ordinance 1269); seconded by Mr. Edwards; carried 8 -0. Item 4. Council Bill 33 -2002 — An Ordinance amending Article IV of Chapter 21 of the Code of Laws of the City of Wheat Ridge concerning Courtesy and Bus Stop Shelters. (Case No. WCA- 02 -01) Council Bill 33 -2002 was introduced on second reading by Mr. Edwards; Clerk assigned Ordinance No. 1270. Motion by Mr. Edwards to approve Council Bill 33 -2002 (Ordinance 1270), Case No. WCA- 02 -01; seconded by Ms. Figlus; carried 8 -0. Item 5. Request for an amendment to the Applewood Village Shopping Center final development plan to allow a 50 -foot. high freestanding sign at 3250 Youngfield Street. (Case No. WZ- 02 -10) (Old Chicago) Mayor Cerveny explained that the public hearing for this case was held at the last Council Meeting on October 14. Councilmember DiTullio made the motion that this item be continued to today, October 28, to allow applicant time to work with staff and the neighborhood to work on, options for the sign. Meredith Reckert reported that they held a meeting on October 21, there were 2 staff persons, 11 residents from the neighborhood and 4 representatives from Old Chicago. 10 of those residents opposed the new pole sign. �� 1, CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No. —v -2002 Ordinance No 127o Series of 2002 TITLE' AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING COURTESY BUS BENCHES AND BUS STOP SHELTERS. WHEREAS, the City of Wheat Ridge, Colorado (the "City "), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter "); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self - government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, including the power to regulate the placement of structures in and around the public rights -of -way; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ( "City Council') previously adopted a courtesy bus bench and bus shelter program, as Article IV of Chapter 21 of the Code of Laws of the City of Wheat Ridge ( "Code of Laws "); and WHEREAS, the City Council wishes to grant the Planning Director certain powers under the program and make other technical amendments to said Article IV NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. The title of section 21 -142 of the Code of Laws is amended to read in its entirety as follows Sec. 21 -142. Application; reapplication; expiration. Section 2. Section 21 -142 of the Code of Laws is amended by the addition of a new subsection (c) to read in its entirety as follows. (c) Any alteration of a permitted courtesy bench, including but not limited to, additions to and subtractions from the bench and replacing any or all of the bench, excepting routine maintenance, shall automatically revoke the permit previously issued therefor Any owner who wishes to alter a previously permitted bench must submit a reapplication to the building inspector Such reapplication shall include the same items as the initial application. Altered benches shall be subject to inspection and approval pursuant to Section 21 -145 CNB\53027T420834.01 Section 3. Section 21 -128 of the Code of Laws, previously reserved, is amended to read in its entirety as follows. Sec. 21 -128. Planning Director authority. Notwithstanding any other provision of this article, the Director of Planning and Development is authorized to declare any individual bus stop, group of stops or other defined area as an area in which courtesy benches may not be located. The Director of Planning and Development is further authorized to reduce the maximum number of benches allowed under Section 21 -146, as applied to any stop or area. Section 4. Section 21 -149 of the Code of Laws is amended by the designation of the first paragraph as '(a)" and by the addition of a new subsection (b) after paragraph (4) to read in its entirety as follows- (b) Any permit issued under authority of this article to be effective on or after April 1, 2003, may be revoked by the Director of Planning and Development at any time without cause. Section 5. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. 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 7. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 14rh day of ortnhcr , 2002, 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 October 28, 2002 , 2002, at 7.00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 2 8 t 1 day of October 2002 CNB\53027T420834.01 SIGNED by the Mayor on this 29th day of October 2002. ATTEST: - lk� ) . ,.r L) , Wanda Sang, City Clerk e then Cerveny, ffayor �� 416101.V�19 a 19 dos L _e0A 5. 51 i First Publication October 17, 2002 Second Publication: October 31, 2002 Wheat Ridge Transcript: Effective Date- November 15, 2002 CNB\53027\420834.01 r l� WHEgT AGENDA ITEM REQUEST FOR COUNCIL ACTION October 28, 2002 X PUBLIC HEARINGS _ ORDINANCES FOR 1ST READING BIDS/MOTIONS _ RESOLUTIONS X ORDINANCES FOR 2ND READING Quasi - Judicial: X C c -- r Yes No SUBJECT: Case No. WCA 02 -01, An Ordinance Amending Article IV of Chapter 21 of the Code of Laws concerning courtesy bus benches and bus stop shelters. SUMMARY AND BACKGROUND: Council requested this amendment to the Code of Laws that deals with the installation and removal of courtesy bus benches. The amendment: 1) requires a permit for any alteration to a previously permitted bench; 2) authorizes the Planning and Development Director to declare any bus stops as an area where benches may not be located and to reduce the number of benches allowed at a stop; and 3) authorizes permits the Planning and Development Director to revoke a permit for a bus bench at any time without cause. ATTACHMENTS: BUDGETIMPACT: 1. Council Bill No. 33 -2002 j Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 Budg Account No.: N/A STAFF RECOMMENDATION: Approval ORIGINATED BY: City Council STAFF RESPONSIBLE: Alan White, Planning and Development Director Jerry Dahl, City Attorney SUGGESTED MOTION: "I move to approve Council Bill No. 33 -2002 Case No. WCA 02 -01, on second reading, to take effect 15 days after final publication." CADocuments and Senings\kathyAlocal Senings \Temporary Intemet Fi1es \0LK54 \code changempd j d REQUEST FOR COUNCIL ACTION _ PUBLIC HEARINGS _ BIDSIMOTIONS RESOLUTIONS Quasi- Judicial: AGENDA ITEM October 14, 2002 X ORDINANCES FOR 1ST READING ORDINANCES FOR 2ND READING _ X Yes No ( D SUBJECT: Case No. WCA 02 -01, An Ordinance Amending Article IV of Chapter 21 of the Code of Laws concerning courtesy bus benches and bus stop shelters. SUMMARY AND BACKGROUND: Council requested this amendment to the Code of Laws that deals with the installation and removal of courtesy bus benches. The amendment: 1) requires a permit for any alteration to a previously permitted bench; 2) authorizes the Planning and Development Director to declare any bus stops as an area where benches may not be located and to reduce the number of benches allowed at a stop; and 3) authorizes the Planning and Development Director to revoke a permit for a bus bench at any time without cause. ATTACHMENTS: 1. Council Bill No. STAFF RECOMMENDATION: Approval Original budgeted amount: Actual contracted amount: Impact of expenditure on line item: $0 $0 $0 ORIGINATED BY: City Council STAFF RESPONSIBLE: Alan White, Planning and Development Director Jerry Dahl, City Attorney SUGGESTED MOTION: "I move to approve Council Bill No. Case No. WCA 02- 01, on first reading, ordered published, public hearing set for at 7:00 p.m. in the City Council Chambers, and if approved on second reading, take effect 15 days after final publication." C:Tocaments and Sctdngs\kathyALocal Settings7empormy Intemet Fi1es \0IdS54 \code chmgel.wpd CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2002 Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING COURTESY BUS BENCHES AND BUS STOP SHELTERS. WHEREAS, the City of Wheat Ridge, Colorado (the "City "), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter "); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self - government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, including the power to regulate the placement of structures in and around the public rights -of -way; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ( "City Council') previously adopted a courtesy bus bench and bus shelter program, as Article IV of Chapter 21 of the Code of Laws of the City of Wheat Ridge ( "Code of Laws "); and WHEREAS, the City Council wishes to grant the Planning Director certain powers under the program and make other technical amendments to said Article IV. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The title of section 21 -142 of the Code of Laws is amended to read in its entirety as follows: Sec. 21 -142. Application; reapplication; expiration. Section 2. Section 21 -142 of the Code of Laws is amended by the addition of a new subsection (c) to read in its entirety as follows: (c) Any alteration of a permitted courtesy bench, including but not limited to, additions to and subtractions from the bench and replacing any or all of the bench, excepting routine maintenance, shall automatically revoke the permit previously issued therefor. Any owner who wishes to alter a previously permitted bench must submit a reapplication to the building inspector. Such reapplication shall include the same items as the initial application. Altered benches shall be subject to inspection and approval pursuant to Section 21 -145. CNB \53027\420834.01 Section 3. Section 21 -128 of the Code of Laws, previously reserved, is amended to read in its entirety as follows: Sec. 21 -128. Planning Director authority. Notwithstanding any other provision of this article, the Director of Planning and Development is authorized to declare any individual bus stop, group of stops or other defined area as an area in which courtesy benches may not be located. The Director of Planning and Development is further authorized to reduce the maximum number of benches allowed under Section 21 -146, as applied to any stop or area. Section 4. Section 21 -149 of the Code of Laws is amended by the designation of the first paragraph as "(a)" and by the addition of a new subsection (b) after paragraph (4) to read in its entirety as follows: (b) Any permit issued under authority of this article to be effective on or after April 1, 2003, may be revoked by the Director of Planning and Development at any time without cause. Section 5. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. 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 affecfed thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of , 2002, 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 2002, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2002. CNBZ3027T420834.01 SIGNED by the Mayor on this day of 2002. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: _ Second Publication: Wheat Ridge Transcript: Effective Date: CNB \53027\420834.01 GORSUCH KIRGIS LLr ATTORNEYS AT LAW TOWER 1, SUITE 1000 1 1515 ARAPAHOE STREET I DENVER, COLORADO 50202 j TELEPHONE (303) 376 1 FACSIMILE (303) 376 -5001 CARMEN N. BEERY DIRECT DIAL: (303) 376 -5064 September 13, 2002 Alan White, Director of Planning and Development City of Wheat Ridge 7500 W. 29 Avenue Wheat Ridge, Colorado 80033 Re: Bus Bench Ordinance amendments Dear Alan: email: cbeery @gorsuch.com Enclosed are the revised drafts of the ordinance amending the bus bench program and the corresponding Council Action sheet. We believe these are ready to go to council. Please review and let me know if you have questions or concerns. Sincerely, cc: Gerald E. Dahl CNB \53027\421422 GORSUCH KIRGIS LLP REQUEST FOR COUNCIL ACTION AGENDAITEM PUBLIC HEARINGS X ORDINANCES FOR 1 READING Date: BIDS /MOTIONS ORDINANCES FOR 2 ND READING RESOLUTIONS . Quasi-Judicial: X Yes No SUBJECT Ordinance amending certain provisions of the courtesy bus bench program. SUMMARY AND BACKGROUND Article IV of Chapter 22 of the Code of Laws regulates the placement of courtesy bus benches within the City. There is a permitting process and certain standards for the benches - such as maximum size and weight and minimum distance from the curb. The program is currently administered by the chief building inspector. This ordinance grants authority to the Director of Planning and Development to: (1) revoke bus bench permits at any time without cause; (2) reduce the maximum number of benches per stop; and (3) declare any stop or area ineligible for bus bench placement. This ordinance also clarifies that owners must apply for a new permit to alter an already permntea oencn. ATTACHMENTS 1. Council Bill No. BUDGET IMPACT: Original budgeted amount: $ Actual contracted amount $ Impact of expenditure on line item: $ Budget Account No. STAFF RECOMMENDATION Approval. ORIGINATED BY Council. STAFF RESPONSIBLE Gerald Dahl; Alan White. SUGGESTED MOTION: "I move that Council Bill No. - 2002, an ordinance amending Article IV of Chapter 21 of the Code of Laws of the City of Wheat Ridge concerning courtesy bus benches and bus stop shelters, be approved on first reading, ordered published, and set for public hearing and consideration on second reading at 7:00 p.m. in City Council Chambers on , 2002.° CNB \53027 \420918 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. -2002 Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 21 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING COURTESY BUS BENCHES AND BUS STOP SHELTERS. WHEREAS, the City of Wheat Ridge, Colorado (the "City "), is a political subdivision of the State of Colorado organized and existing as a home rule municipality pursuant to Article XX of the Colorado Constitution and the home rule charter for the City (the "Charter "); and WHEREAS, pursuant to section 1.3 of the Charter, the City has all the power of local self - government and home rule and all the power possible for a municipality to have under the Constitution of the State of Colorado, including the power to regulate the placement of structures in and around the public rights-of-way; and WHEREAS, pursuant to this authority, the Wheat Ridge City Council ( "City Council ") previously adopted a courtesy bus bench and bus shelter program, as Article IV of Chapter 21 of the Code of Laws of the City of Wheat Ridge ( "Code of Laws"); and WHEREAS, the City Council wishes to grant the Planning Director certain powers under the program and make other technical amendments to said Article IV. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The title of section 21 -142 of the Code of Laws is amended to read in its entirety as follows: Sec. 21 -142. Application; reapplication; expiration. Section 2. Section 21 -142 of the Code of Laws is amended by the addition of a new subsection (c) to read in its entirety as follows: (c) Any alteration of a permitted courtesy bench, including but limited to, additions to and subtractions from the bench and replacing any or all of the bench, excepting routine maintenance, shall automatically revoke the permit previously issued therefor. Any owner who wishes to alter a previously permitted bench must submit a CNB \53027 \420834.01 reapplication to the building inspector. Such reapplication shall include the same items as the initial application. Altered benches shall be subject to inspection and approval pursuant to Section 21 -145. Section 3. Section 21 -128 of the Code of Laws, previously reserved, is amended to read in its entirety as follows: Sec. 21 -128. Planning Director authority. Notwithstanding any other provision of this article, the Director of Planning and Development is authorized to declare any individual bus stop, group of stops or other defined area as an area in which courtesy benches may not be located. The Director of Planning and Development is further authorized to reduce the maximum number of benches allowed under Section 21 -146, as applied to any stop or area. Section 4. - Section 21 -149 of the Code of Laws is amended by the designation of the first paragraph as "(a)" and by the addition of a new subsection (b) after paragraph (4) to read in its entirety as follows: (b) Any permit issued under authority of this article to be effective on or after April 1, 2003, may be revoked by the Director of Planning and Development at any time without cause. Section 5. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. 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 7. Effective Date This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of — to _ on this day of , 2002, 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 , 2002, at 7:00 CNB \53027 \420834.01 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2002. SIGNED by the Mayor on this day of 2002. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: Approved As To Form Gerald E. Dahl, City Attorney CNB \53027 \420834.01