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HomeMy WebLinkAbout03/08/2004 ~0 ( Ci r./\ 6:30 p.m. Pre-Meeting ;\~~r~~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING March 8, 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 23.2004 CITIZENS' RIGHT TO SPEAK Presentation of Annual Report by Wheat Ridge Fire Chief Jim Payne 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 Aaenda: A. Award ITB-04-008 2004 Crack Seal/Slurry Project. B. Approve Award RFB-04-003 Leisure Guide Schedules PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 02-2004 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE. CITY COUNCIL AGENDA. March 8, 2004 Page -2- ORDINANCES ON FIRST READING Item 3. Item 4. COUNCIL BILL 03-2004 - AN ORDINANCE AMENDING SECTION 26- 621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS COUNCIL BILL 04-2004 - AN ORDINANCE PROVIDING FOR DISPOSITION OF UNCLAIMED PROPERTY. DECISIONS, RESOLUTIONS. AND MOTIONS Item 5. Item 6. Item 7. Item 8. Allocation of $40,000 from the Capital Improvement Program Budget to the 38th Avenue Business District. Board and Commission appointments Evaluation and reappointment of Municipal Judges. Amendment to Council Rules: Election of Mayor pro tem and Council President. CITY MANAGER'S MATTERS - CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO. 2 PUBLIC BEARING BEFORE THE WHEAT RIDGE CITY COUNCIL CASE NO. COUNCIL BILL NO. 02-2004 TITLE: COUNCIL BILL 02-2004 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE. PLEASE PRINT YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED . IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl PUBLIC COMMENT ROSTER DATE: MARCH 8, 2004 ANY PERSON MAY SPEAK ON MATTERS OTHER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOP1:C OF COMMENT. PLEASE PRINT 11111111 NAME ADDRESS TOPIC \' f,V i\v' ~;;J'. , -- ~~\: ~q: ," \> '~::f1'0' 1'--,;",1 ,II'> \, _ '.,.d," -- \-\~.-~ )\v'\" )<:.~\ ..i.'._ rJ' ',\. i , " , I ) " _..-1..\,', \. 1';la.. Ii L C . ~ u. \ (f' I fTJl " ....30 , . )hdc' \ C , ; I Ih i\ , ,.. :,. i -(7~ tr-J(::-, )L.v~i"" L_II.. .rtVltu H (. (. r - ~-3C i '.i" /-"~. 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S-'~ ( , ( ( V\"\..\.,I....\ I v ~\ (Y, '" v ""- /) U), i-- L.A.-'\ _.J',_ C"J ( _, l- J '--~c _ ,_l(, \ '- - -, j y'-- '- l' , ~ -) (~C"\.'-V~\,C;:S.cl'~ "::> kS7 ') o ~).,L'- ') --~---\ I ),-C ~7rccl: -) --\ 1:::r-&VcC- ,,--l~ T' I '- ,,) \_'-- I c~- '- C(_l L. ._, ,,_ 't,- yz ....--.... t.. \ ,J C_,-\lo-v\.,~ '" '<L\Y--\ " he *":r \ ,[.'\A.<-- - ',( L/ "J, ~-X-t t,-~h''-L_ \~'> ~ ,'v'v ~ ~ '" r1' . - ['j , -( ~ ~ CITY OF WHEAT RIDGE, COLORADO March 8. 2004 The Regular City Council M~.rting was c9lled to order)y Mayor Ce9'eny at 700 p1l1 / Councilmem~rs present: ,terry DiTullio, Ka~ Berry, Dean Gokey, Wanda Sang, Mike Stites, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young; City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto; staff; and interested citizens, CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 23. 2004 Moti?n by for the approval ~f th7-Jv1lutes of Fe~~ry 23, 2004, seconded by S.<.1;'3.--- ,carried 1- D -f tl.J;,31/H 15 GU-1 7M~'" -~A :J Li:;- () ~ -- f9 . .- t-r~t nl-L-<-O CITIZENS' RIGHT TO SPEAK Presentation of Annual Report by Wheat Ridge Fire Chief Jim Payne - ,- . I <- -j ~ .I-I fP ,,~ ~..-'--( L t' kL- APPROVAL OF AGENDA Motion hy tl"l "'1Y'8J'l8 tI,e Clgeflaa Item 1. Consent Aaenda: A, Award ITB-04-008 2004 Crack Seal/Slurry Project. B Approve Award RFB-04-003 Leisure Guide Schedules CITY COUNCIL MINUTES: March 8, 2004 5 I John Miks to the Liquor Authority, term ending 3/2/07 s~~ 8-''0 } DISTRICT I V \ ~ I move to appoint i' .,,-0.' ~ '\/ Karen Heine ~ v~. \j\J \\, '';:Iv ' , to the Animal Welfare and Control Commission, term ending 3/2/07 to the Building Code Advisory Board, term ending 3/2/05 Kim Stewart to the Planning Commission, term ending 3/2/06 Anthony Davia to the Liquor Authority, term ending 3/2/07 {i)h~ I ~ -() . Item 7. Evaluation and Reappointment of Municipal Judges Evaluation and Reappointment Process of Municipal Judges was introduced by Mrs. Sang Pam Anderson read the executive summary Motion by Mrs Sang to approve the internal evaluation procedure for the municipal judges described in the City Attorney's February 23, 2004 memorandum, seconded by , carried /1./ JJ f0~?r- f --(j .-' -., Item 8. Amendment to Council Rules Election of Mayor@r~m and Council President. 1Vl,v (51J'-<-L1 Amendment to the Council Rules was introduced by Mr Gokey Pall, Alldelsun read the executive summary Motion by Mr Gokey to amend the Council Rules pertaining to the election of Mayor Pro Tem and Council President as distributed on February 23, 2004, seconded by carried ? - D DXVl tllL: ~/O CITY MANAGER'S MATTERS cJ CITY ATTORNEY'S MATTERS CITY COUNCIL MINUTES: March 8, 2004 2 Item 1. Consent Agenda was introduced by Mr Stites --~ MotionlbY Mr Stites to approve the Consent Agenda Item A. and Item B , seconded by ,ftwJ ,Carri d c> ---'0 / o i_ PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. COUNCIL BILL 02-2004 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE ouncil Bill No 02-2004 was introduced by Mrs. Sang Pam Anderson read the executive summary '---------- Alan White, Difectof-of Cpmmunity Development, presented the staff report on this item He stated that t~~ ~.a-f)tlbttehearing, and the notifications requirements as prescribed b~ate Statutes have been complied with for conducting this hearing to;;lght</ --_____ Motion by Mrs Sang to approve CounFJI Bill 02-2004, on second reading, and that it take effect immediately; seconded bY\.)~O ,carried ?i'-D" ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 03-2004 - AN ORDINANCE AMENDING SECTION 26- 621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS Council Bill 03-2004 was introduced on first reading by Mr DiTullio Pom /'.ndemoR read the executive summary l:JVIL~ Motion by Mr DiTullio to approve Coun ~II 03-2004 on first reading, ordered published, and the public hearing set fo~~~rch 22, 2004, at 7 00 p.m in the City Council Chambers, and it approved that it take effect 15 days after the final publication; seconded bX VJ.'\ ' carried 8 -1) . __ (!j,c ft-~L<'-- Item 4. COUNCIL BILL 04-2004 - AN ORDINANCE PROVIDING FOR DISPOSITION OF UNCLAIMED PROPERTY Council Bill 04-2004 was introduced on first reading by Mrs Rotola. ram AnelersulI lead- the eXGcutive 3UI"I"ary Motion by Mrs Rotola to approve Council Bill 04-2004 on first reading, ordered published, and the public hearing set fo~March 22, 2004, at 7'00 p.m in the City -')'\,lh~"O CITY COUNCIL MINUTES: March 8, 2004 3 Council Chambers, and that it take effect 15 days after final publication of approved, seconded by ~)N( ,carried .f - 0 . DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Allocation of $40,000 from the Capital Improvement Program Budget to the 38th Avenue Business District. Allocation of $40,000 from the Capital Improvement Program Budget to the 38th Avenue Business District was introduced by Mrs Rotola Pam Anderson read the executi'Je SUIl d"l.ary Motion by Mrs Rotola to approve the allocation of $40,000 from CIP account 30-610- 700-721 to the 38th Avenue Business District; seconded by ~O-ti . carried ,f..... 0 ' Item 6. Board and Commission Appointments V, TI.lU io eLv The Board and Commission Appointments were introduced by Pam Anderson read the executive summary Kim Fear to the Animal Welfare and Control Commission, term ending 3/2/07. -- - Jean Schillinq to the Animal Welfare and Control Commission, term ending 3/2/06 Karen Grupe to the Arborist Board, term ending 3/2/07 Paul Drda to the Board of Adjustment, term ending 3/2/07. to the Building Code Advisory Board, term ending 3/2/07 -- Susie Seeds to the Parks and Recreation Commission, term ending 3/2/07 Scott Weslev to the Planning Commission, term ending 3/2/07 - Bob Alldredqe to the Liquor Authority, term ending 3/2/07 Dlfv\.,t,l( C I '0--0 CITY COUNCIL MINUTES: March 8, 2004 l "w \ {V : v ~QI \' / I move to appoint: \; Dr. William Trefz j Robert Howard j 4 DISTRICT II to the Animal Welfare and Control Commission, term ending 3/2/07 to the Arborist Board, term ending 3/2/07 to the Board of Adjustment, term ending 3/2/07 to the Building Code Advisory Board, term ending 3/2/07 to the Planning Commission, term ending 3/2/07 Frank Sanzalone to the Liquor Authority, term ending 3/2/07 If-O )t:v~ (~~~.v/ Uf'0-~v \!: I move to appoint: ~ DISTRICT III to the Arborist Board, term ending 3/2/07 to the Board of Adjustment, term ending 3/2/06 Ralph Sant Anqelo to the Building Code Advisory Board, term ending 3/2/07 / ,j Jerry Szeznev Phillip Plummer to the Building Code Advisory Board, term ending 3/2/06 to the Planning Commission, term ending 3/2/06 to the Planning Commission, term ending 3/2/07. CITY COUNCIL MINUTES: March 8, 2004 6 ELECTED OFFICIALS' MATTERS Meeting adjourned at p m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to '47 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. an CITY OF WHEAT RIDGE, COLORADO February 23, 2004 The Regular City Council Meeting was called to order by Mayor pro tem, Dean Gokey, at 7:00 pm. Councilmembers present: Jerry DiTullio, Karen Berry, Wanda Sang, Mike Stites, Lena Rotola, and Larry Schulz. Karen Adams was absent. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Public Works, Tim Paranto; staff; and interested citizens APPROVAL OF MINUTES OF February 9. 2004 Motion by Mr DiTullio for the approval of the Minutes of February 9, 2004; seconded by Mr. Schulz; carried 7-0. PROCLAMATIONS AND CEREMONIES Mayor pro tem, Dean Gokey, presented Andrew Nelson, Jessica Pitts, and Josh Dahlenburg a Proclamation honoring the Wheat Ridge High School Band, Orchestra and Choir. These three students performed a musical piece for the Council. - Cindy Stevenson, Superintendent of Jeffco R-1 School District, and Dr. Irene Griego, Wheat Ridge Community Superintendent, came to thank the Mayor, the City staff, and the City Council for the positive interaction and on-going support of Wheat Ridge students and schools. CITIZENS RIGHT TO SPEAK The Mayor pro tem, City Attorney and City Manager clarified that this segment of the Agenda was reserved for Items not on the Agenda; that Item 1 was strictly for amendments to the Comprehensive Plan; that at this time there was no application for annexation, nor a specific development application. The following citizens spoke in opposition to any proposed development project or annexation north of 32nd Avenue and west of 1-70' David Rust Stephanie Machen Karen Brunger CITY COUNCIL MINUTES February 23, 2004 Page -2- David Andrews Rick Blumenthal Greg Witt Valerie Witt Gayle Reynolds Their concerns included quality of life issues; the developer should talk to neighbors first; traffic congestion; there is already a mall 2 miles away; don't keep Fairmount citizens out of the loop; harmful affect on families with acreage, horses, sheep, llamas, preserve the type of living currently there. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. PUBLIC HEARING ON RESOLUTION 04-2004 - ADOPTING AMENDMENTS TO THE WHEAT RIDGE COMPREHENSIVE PLAN. Resolution 04-2004 was introduced by Mr DiTullio Pam Anderson read the Executive Summary. Alan White, Director of Community Development, presented the staff report on this item He stated that this is a public hearing and the notifications requirements as prescribed by State Statutes have been complied with for conducting this hearing tonight. The City's Comprehensive Plan has been in place since the early 1980's It has been amended from time to time The most recent amendment was in the year 2000 and adopted officially in 2001. The Comprehensive Plan has never included areas outside of the boundaries of the City of Wheat Ridge State Law does enable all municipalities within the State to extend their planning areas or spheres of influence outside municipal boundaries and do planning for that area up to a limit of three miles from the municipal boundaries This amendment does not extend to the ultimate limit of those three miles but is somewhere in the range from a mile to a mile and a half One of the reasons that the three mile requirement is in State Statutes is that under the Annexation Statutes the City may annex up to three miles from its current boundary. He stressed that merely putting together a plan that extends three miles from a city's corporate boundaries, does not guarantee that that area will be annexed nor does it commit the city to annexing any of that area. Annexation happens by the concurrence of two parties. One is the land owner, the second party is the City If there is no agreement or request to annex, the City cannot annex if the land owner does not provide the City with a request to annex. CITY COUNCIL MINUTES: February 23, 2004 Page -3- He brought this to City Council because he is concerned that we are missing an opportunity within the Transportation Improvement Plan process at the regional level Several municipalities have signed the Mile High Compact and they are entitled to additional points when their transportation projects are reviewed by DRCOG, as the metropolitan planning organization for the area. We are simply missing out on those points because we have not signed the Mile High Compact. He outlined the steps the City has taken to begin this process Flora Andrus, is on the Board of Fairmount Improvement Association, and also on the Board of Prospect Recreation District. She testified regarding her views opposing proposed amendments for the Wheat Ridge Comprehensive Plan She distributed a handout to Council and Staff and referred to it throughout her presentation She asked that Fairmount (everything north of Clear Creek) be excluded from the plan and also take all the traffic out to a main road The following citizens also spoke regarding concerns about amendments to the Comprehensive Plan - Kathy Kohlepp, 5170 Eldridge Street, Don MacDougal, representing the Jefferson County Horse Council, 9815 West 3ih Avenue, Wheat Ridge, Peggy Hunnicutt, 5400 Mcintyre, Hal McVey, Director, President of Applewood Property Homeowners Association, Paul Quaiser, representing Prospect Park and Recreation District and the Applewood Homeowners Association, 14275 Crabapple Road, Golden, Gregory Black, 14280 West 50th Place, Golden, Hal McVey, 13215 Braun Road, Golden, Jack Hoopes, 14215 Crabapple Road, Golden, President of the Applewood Property Owners Association, Deb Berg, 14005 West 48th Place, Bruce Blakesly, 5101 Flora Street, Lavonne Wise, Member of the Fairmount Improvement Association Board, 16331 West 54th Avenue, Golden, Gwen Gedvilas, 14815 West 49th Avenue, Golden, Deanna Ganskow, 4551 Eldridge, Don Sherman, 5808 Fig Street, Karen Brunger, 6901 West 32nd Avenue, Wheat Ridge (new address will be 14500 West 52nd Avenue, Arvada), Andrew Evans, 5071 Indiana Street, Golden, Paul Ritchlin, 4645 Eldridge Street, Bob McPhate, 5085 Fig Street, Mike Gilsdorf, 6355 West Lakeside Court, Littleton, Partner in Partnership that owns Green Acres Nursery, which is 60 acres of undeveloped land, and is included in the planning area, CITY COUNCIL MINUTES. February 23, 2004 Page -4- Ron Home, 4535 Eldridge Street, Golden, Karen Wood, 3340 Alkire Court, Golden, Linda Sherman, 5108 6th Street, FIA Board member, Valerie Witt, 14100 West 52nd Avenue, Ed Shear, 5290 Eldridge Street, Golden Their comments included that any time changes are made, horse trails and the ability to keep horses are in jeopardy; change in life style is not for the better; protect the property owners in this broad area, Malls have come and gone and it is obvious that this is being done to accommodate a Mall; 32nd and Youngfield is a disaster and nothing has been done to mitigate that; please take the responsibility of conducting outreach very seriously and keep people informed; invitation to address Applewood Property Owners Association; letting people cut in from Highway 58 would change the neighborhood, exclude Eldridge improvements from the plan, request that further discussion be tabled until community can give input; there is nothing left in Fairmount to tax; railroad crossing on Eldridge Street will create a traffic jam, it is incomprehensible for a City like Wheat Ridge to simply draw a plan, stick it on a map and not notify anybody; Mount Olivet area is extremely sensitive environmentally because of the amount of wildlife that lives there and travels through there Ken Schneider, Fire Marshall and Division Chief of the West Metro Fire Protection District, introduced himself to Council and hopes that any Comprehensive Plan for the City considers the concept of fire protection He offered the services and staff of the district in any future conversations regarding planning for the area. - Motion by Mr. DiTullio to adopt Resolution 04-2004 with the following amendments 1. Delete the area south of 32nd Avenue and west of Youngfield 2 Delete the area from 44th Avenue north to 52nd Avenue and from the western City limits to Mcintyre; seconded by Mrs. Sang and Mrs Rotola Motion by Ms Berry to amend the Park and Open Space section of the Wheat Ridge Comprehensive Plan to include the following sections from the Jefferson County North Plains Community Plan proposed update to the North Plains Community Plan and the Central Plains Community Plan with the existing and proposed trail alignments and the trail policies, recommendations, and design templates out of the Community Plans mentioned; seconded by Mr DiTullio, carried 7-0. CITY COUNCIL MINUTES' February 23, 2004 Page -5- ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 01-2004 - PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL ONE-C TO RESIDENTIAL THREE FOR PROPERTY LOCATED AT 3281 CHASE STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. (Case No. WZ-03-11) (Marc and Emily Cave) Council Bill 01-2004 was introduced on first reading by Mr. DiTullio; title and executive summary were read by Pam Anderson Motion by Mr. DiTullio to approve Council Bill 01-2004 on first reading, ordered published, public hearing set for March 22, 2004 at 7 00 p.m. in the City Council Chambers, and that it take effect after final adoption if approved; seconded by Mrs. Rotola; carried 7-0. Item 3. COUNCIL BILL 02-2004 - AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE. Council Bill 02-2004 was introduced on first reading by Mrs Sang. Pam Anderson read the executive summary. -- Motion by Mrs. Sang to approve Council Bill 02-2004 on first reading, ordered published, public hearing set for March 8, 2004 at 7:00 p m in the City Council Chambers, and if approved on second reading that it take effect immediately; seconded by Mr DiTullio, carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. APPROVAL OF LICENSE TO USE RIGHT-OF-WAY - MELODY HOMES SKYLINE ESTATES FILING 3 SUBDIVISION Item 4 was introduced by Mrs. Rotola; summary read by Pam Anderson. Motion by Mrs. Rotola to approve the LICENSE TO USE PUBLIC RIGHT-OF-WAY granting Melody Homes and Skyline Estates Filing NO.1 Master Association the right to operate and maintain an underdrain system within City street rights-of-way within the development located north of Ridge Road and west of Miller Street; seconded by Mrs. Sang; carried 7-0. CITY COUNCIL MINUTES February 23, 2004 Page -6- Item 5. ASSIGNMENT OF BUS SHELTER AGREEMENT TO OUTDOOR PROMOTIONS, INC Item 5 was introduced by Mr Stites, Pam Anderson read the executive summary. Motion by Mr. Stites to approve the assignment of the bus shelter agreement to Outdoor Promotions, Inc., seconded by Mr. Schulz and Mr DiTullio; carried 7-0. CITY ATTORNEY'S MATTERS Motion by Mrs. Sang to direct the City Attorney to prepare an Ordinance for first reading adding to our Code Section on Unclaimed Property; seconded by Mr. DiTullio, carried 7-0 Mr Dahl reminded Council that the Municipal Judges are up for reappointment and their 2-year terms end in February They will remain in office until reappointment even if it goes beyond February. He will provide a memorandum regarding evaluation process in the next Council Packet. ELECTED OFFICIALS' MATTERS Jerry DiTullio announced that the first Monday meeting for District I will be held in the Recreation Center It will be a joint meeting with Districts III and IV He will make a presentation on the Housing Authority update. He recommended that Ordinance 1299 be placed on the next available Study Session for discussion so Council can be updated on what that Ordinance does and how it works, if there are any recommendations from staff to clean it up or rescind it or make it better Consensus was 7 in favor. Wanda Sang stated that they will hold their first Monday meeting in March and she hopes that more people will turn out. They are considering holding joint meetings with District I, since Districts III and IV were so successful in doing that. Dean Gokey thanked the Fire Department for inviting Council to their Firemen's Award Assembly He is very proud to say they are one outstanding group of individuals that protect us on a daily basis. They really deserve our respect. He amended a motion on the dais at the last Council meeting that we would have a secret ballot for the election of Mayor pro tem and Council President. He would like to add to the next Agenda an amendment to that. Consensus was 7 in favor. He urged all of the first Monday meeting people to attend the first Monday meetings and talk _ about all of the issues that concern them in regards to businesses and the neighborhood ordinance problems they are having He spent a tremendous amount of time last week talking to the Police Chief and other City Officials in regards to these issues and would like for people to come to the meeting so he can give them an update. CITY COUNCIL MINUTES February 23, 2004 Page -7- Lena Rotola reminded everybody of their first Monday meeting Please come. Larry Schulz hopes people will turn out for the first Monday meeting Meeting adjourned at 10.26 P m. APPROVED BY CITY COUNCIL ON MARCH 8, 2004 BY A VOTE OF to Wanda Sang, 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: IA REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: AWARD ITB-04-008 2004 CRACK SEAL/SLURRY PROJECT D PUBLIC HEARING rg] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:_) D ORDINANCES FOR 2ND READING Quasi-Judicial: D rg] C No ~~~f_ Director of Public Works ~ _.~,. -.. ':'. ,-c~ City Manag \' EXECUTIVE SUMMARY: The 2004 Crack Seal/Slurry Project will provide the needed maintenace treatments to collector and some selected local streets as per the citywide maintence plan. The specific treatments will include - crack filling and seal coating to selected local streets while only crack filling will be done on the collector streets. This project will improve and extend the pavement life of these streets. On February 17, 2004, two (2) bids were received. The apparent low bidder was Intermountain Pavement Preservation, LLC, Broomfield, CO in the total amount of $205,650.00. Their bid met all of the bid requirements. References and experience were evaluated by Public Works. Staff recommends award of the project to the lowest responsive bidder, Intermountain Pavement Preservation, LLC. in the amount of $205,650.00. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2004 Crack Seal/Slurry Project, #S-PM-03-04, were opened on Tuesday, February 17, 2004 at 2:00 p.m. Two (2) bids were received. The bids ranged from $205,650.00 to $219,325.00. The Engineer's Estimate was $237,175.00. The lowest responsible and responsive bidder, Intermountain Pavement Preservation, LLC, Broomfield, CO has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and performance on the city's previous project, Staff recommends award to Intermountain Pavement Preservation, LLC. An auxiliary amount of $20,565 .00, as a force account, is requested to cover the cost of other items related to the project. ALTERNATIVES CONSIDERED: No award and 2004 Crack Seal/Slurry Projects will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Preventive Maintenance Projects line item of the 2004 Capital Improvement Program budget in the amount of$1,100,000.00. This project is the first one of the three preventive projects that the City will implement this year. RECOMMENDED MOTION: "I move to award ITB-04-008, 2004 Crack Seal/Slurry Project, #S-PM-03-04 to Intermountain Pavement Preservation, LLC, Broomfield, CO in the amount of $205,650.00. I further move that an auxiliary amount of $20,565.00 be established as force account. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and auxiliary amount of$226,215.00. I further move that all costs associated with this contract be paid from account number 30-302-800- 833, and that these funds be encumbered for the length of the project in accordance with Ordinance #787,1989 Series." or, "I move to deny award of ITB-04-008 2004 Crack Seal/Slurry Project for the following reason(s) " Initiated by: Report Prepared by: Reviewed by: Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: 1. 2004 Capital Improvement Program Description 2. Project Location Map 7. Street Preventative Maintenance Projects 2004 Budget: $1,100,000 Description: The annual street preventative maintenance work and costs are as follows: Concrete replacement area: Northwest area of the City between 1-70 and Kipling St. from Clear Creek north to City limits $ 400,000 Asphalt patching and overlay area: Arterial and collector streets, residential streets in southwest area west of Kipling and south of 38th Avenue. $ 350,000 Crack sealing and slurry sealing area Throughout the City by priority $ 350,000 Justification: Preventative street maintenance work is required to replace defective concrete, replace or add to pavement surface by an asphalt overlay, patch isolated structural failures in existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a slurry seal coat and reduce water infiltration under pavements by sealing cracks. Preventative maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative of reconstructing streets. - 8. Infill Curb, Gutter and Sidewalk projects 2004 Budget: $50,000 Description: This program assists residents in areas where curb, gutter and sidewalk is dispersed and have the desire to connect for continuous accessibility. The 2004 project will include those locations that meet the criteria as identified in the program. Justification: There is a number of existing city blocks which have missing links of curb, gutter and walk which does not offer continuous pedestrian connectivity. This program will increase pedestrian mobility in the City and aid in some drainage issues. DPW TRAFFIC 1. Traffic Signal Improvements 2004 Budget: $150,000 Description: Existing traffic signal installations require upgrade to include new Capital Improvement Program Public Works Page 4 ATTACHMENT 1 City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. ITEM NO: \ 6 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: APPROVE AWARD RFB-04-003 LEISURE GUIDE SCHEDULES o PUBLIC HEARING ~ BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes o No \ '\~ 'ii (' ; \ ,,' ,('II 'I b1/1li/J,'-,\1,1 J . '- I v Ditectar of Parks and RecreatIon I / ;' City ~ '---' -'1 " I J EXECUTIVE SUMMARY: - The Wheat Ridge Parks and Recreation Department distributes three leisure guides annually. The leisure guide IS mailed to all Wheat Ridge residents for the summer, fall and winter/spnng issues. The guide IS a pnmary marketing tool for the Recreation Division m promotmg vanous classes, special events, Recreation Center, Semor Center, athletics and aquatics. The guide also proVides mformation on the parks wlthm the City of Wheat Ridge. Some type of activities guide has been pnnted consistently since before 1980. As the RecreatIOn Division grew and programs mcreased, the size and content of the actiVities guide also increased. On February 3,2004, mne (9) proposals were received. All proposals met the mitial bid reqUirements. The apparent low bidder was Liberty Press, Utah; however, they were not able to comply with the on- site press visit, postal and stocking requirement. The second low bidder was PublicatIOns Pnnters, Denver, m the total amount of$28,878.00. PublicatIons Printers met all of the requirements and their price is Within budget. The contract IS for one year with two one-year renewal options. Staff recommends award to Publications Printers, Denver m the total amount of $28,878.00 COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMPACT: For the 2004 budget year $34,967.00 was budgeted for the printing of the leisure guide, $17,483.00 from 64-607-650-654 and $17,484.00 from 01-602-650-654. RECOMMENDED MOTION: "I move to award RFB-04-003 Leisure GUide Schedule Pnnting to Publications Printers, Denver m the amount of$28,878 00 Of that total amount $14,439.00 will be charged to account 64-607-650-654 and $14,439 00 will be charged to account 01-602-650-654 Funds will be encumbered." or, "I move to deny award ofRFB-04-003 Leisure Guide Schedule Printing for the following reason(s): " Report Prepared bY' Reviewed by: Julie Brisson, Parks and RecreatIOn Lmda Trimble, Purchasing Attachments: 1. 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REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE l2J PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) l2J ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes l2J No -~\ /ll I ' !:0tA Lv'1t.. I...u Parks rd Recreation Director, ~12# City Manage ~ EXECUTIVE SUMMARY: - Section 16.5 (Sale of real property) of the City of Wheat Ridge Charter states "The city shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council". In 2003, open space property was acquired at 44th and Kendall Street. This property is contiguous on the east to the existing undeveloped parkland referred to as 44th and Kendall. A small garage is located on the back half of the property address of 6375 Kendall Street and is recommended for demolition. There is not a need by the Parks and Recreation Department for this structure, it is a stand alone structure and is the only structure on the site. Council Bill 02-2004 was introduced, read, and adopted on first reading by a vote of 7 to 0 on February 23, 2004 and was published in full on February 26, 2004. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: There is not a need by the Parks and Recreation Department for this structure. It is a stand alone structure and the only structure on the site. The structure will eventually need to be demolished when the park is developed. In the meantime, it may become difficult to maintain in terms of graffiti, vandalism and vagrancy issues. Disposal of property is required by Ordinance by the City Charter and requires a 3/4 majority vote. The City did not purchase the front portion of the property, 6375 Kendall, with frontage on 44th A venue. There is a residencelbusiness structure on the front parcel that is privately owned. AL TERNA TIVES CONSIDERED: Do not demolish the structure. FINANCIAL IMPACT: The cost of demolition is estimated to be approximately $5,000. Not demolishing the building will require staff time to maintain the structure as well as monitor unapproved use ofthe structure. RECOMMENDED MOTION: "I move to approve Council Bill No. 02-2004, an Ordinance Directing Disposal by Demolition of a City-Owned Building Located at 6375 West 44th Avenue, on second, and that it take effect immediately. " or, "I move to deny approval of Council Bill No. 02-2004, an Ordinance Directing Disposal by Demolition of a City-Owned Building Located at 6375 West 44th Avenue for the following reason (s) " Initiated by: Report Prepared by: Joyce Manwaring, Parks and Recreation Director Attachments: I. Council Bill No 02-2004 Request for City Council Action-report form CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER SUIG Council Bill No 02-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE DIRECTING DISPOSAL BY DEMOLITION OF A CITY-OWNED BUILDING LOCATED AT 6375 WEST 44TH AVENUE WHEREAS, the City owns property at 6375 West 44th Avenue within the City, which property includes an existing concrete block building and WHEREAS, Section 16.5 of the Charter authorizes disposal of City-owned buildings and real property by ordinance approved by three-fourths of the entire City Council; and WHEREAS, the Council wishes to dispose of the referenced building by demolition. - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Buildinq ordered demolished The Cittowned concrete block building located to the rear of the property at 6375 West 44t Avenue is hereby ordered demolished. The City Manager is authorized and directed to cause such demolition and, if required, environmental assessment and remediation, to take place. Section 2. Safety Clause The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severabilitv: Conflictina 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 CNB\53027\413543 ATTACHMENT 1 Section 4. Effective Date. This Ordinance shall take effect i~ediat:ely. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to o on this 23rdday of February , 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for MRT<'h R , 2004, at 7:00 o'clock p.m , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of ,2004. SIGNED by the Mayor on this day of ,2004. Gretchen Cerveny, Mayor ATTEST' Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: February 26. 2004 Second Publication" Wheat Ridge Transcript: Effective Date CNB\53027\413543 2 ITEM NO' :3 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE March 8, 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINNG TO PARKING IN RESIDENTIAL AREAS. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date March 8, 2004) o ORDINANCES FOR 2ND READING QuasI-Judicial o Yes ~ No ~Nit '~~ ~- - \ City Mana ~ i Commumty Development Director - EXECUTIVE SUMMARY: The proposed ordinance amends the current regulatIOns regarding the RV parking In residential areas. The changes are based upon staff recommendatIOns presented to City Council at their study sessIOn on November 1 th Those recommendatIOns were based upon a senes of meetings held this past summer with RV owners and non-owners, Council also requested that the new ordinance address the \'Isuallmpacts of large recreatIOnal vehicles stored In front yards, Currently, only two recreatIOnal vehicles are allowed to be stored outSide on a residential property ThIS limitatIOn Includes trailers, trailers upon which are stored any number of personal recreational vehicles, and horse trmlers, Changes Include' 1) RecreatIOnal vehicles and trailers less than SIX feet In height are exempt from the two vehicle limitatIOn when parked In the Side or rear yard and when screened, 2) Only one recreatIOnal vehicle IS allowed to be parked In the front yard, 3) RecreatIOnal vehicles parked In a back yard must meet the Side and rear setback reqUirements for an accessory structure; 4) A process has been created for an owner to request a variance to the two vehicle limitatIOn, the limitatIOn of one vehicle being parked In the front yard, and reqUired setbacks III the rear yard onlv; 5) The regulations apply to renters, Per CouncIl's direction, the ordinance was forwarded to Planning CommiSSion. At their December 18, 2003 heanng, the CommiSSion recommended approval With several suggested changes. COMMISSION/BOARD RECOMMENDA nON: Planmng CommIssIon recommended approval wIth the followmg suggested changes I Allow a waIver of vanance fees for a penod of two years. 2, Ehmmate horse trailers from the ordmance. 3 Reduce the rear yard setback from 15 feet to 5 feet. 4 If the R V or loaded trailer IS less than 6 feet m heIght, It can be parked next to the rear property lme 5 If any portIOn of an R V extends beyond the front of the house, It would be counted as a front yard R V 6 To detennme If a trailer IS exempt or non-exempt, It must be loaded wIth ItS mtended cargo of boats. snowmobiles or motorcycles, These changes HA VE NOT been mcorporated mto the ordmance Separate motIOns wIll be prepared for second readmg to mcorporate the Planmng CommISSIOn recommended changes, STATEMENT OF THE ISSUES: In respondmg to Plannmg CommISSIOn suggested changes, the waIver of fees for two years and the exemptIOn for horse trmlers are pohcy deCISIOns for Council The setbacks for non-exempt RV's (over 6 feet m height) are proposed in the ordmance to be the same as accessory bUlldmgs. (15 feet m the R-I dlstnct; 5 feet If less than or equal to 8 feet m heIght, otherwIse 10 feet m all other zone dlstncts) ThIS rear yard setback reqUIrement was recommended by Plannmg CommissIOn to be a straIght 5 feet m all zone dlstncts, ThIS allows a 12-foot tall RV to be 5 feet from the rear property lme, but a 12-foot tall shed would have to be 10 feet from the rear property lme Recommended change #4 from the Planmng CommISSIOn IS ImphcJt m the apphcatlon of the regulatIOns and does not need to be addressed, Recommended change #5 from the Plannmg CommISSIOn should be mcorporated mto the ordmance, It will c1anfy how an RV or trailer will be treated If It straddles the front and sIde yards. Recommended change #6 from Plannmg CommIssIon should be mcorporated mto the ordmance, It will clarIfy that a trailer will be treated as exempt or non-exempt dependmg upon If It IS loaded. The concern was that someone mIght claim they have an exempt trailer, then put a boat on It, and still claIm the trailer IS exempt. One of the most frequent comments at the pubhc workshops was to grandfather eXlstmg situations. Grandfathenng eXlstmg SituatIons m the commumty would be a tlme-consummg and labor- mtenslve endeavor for staff ThIS would entad mventorymg every resIdentIal parcelm the CIty for <- -ProjccQ. zoning amendmenblReSldentlal Parklng\RV ParkIng 3rd Version C AF 1 st.doc recreatIOnal \ ehIcles and traders. Probably several sItuatIons would change dunng the course of conductmg the 1m entory, rendenng the mventory maccurate Or It \\ ould reqUire some J..md of permlttmg process WIth a deadlme for applIcatIOns, where mevItabl) someone \\ ould not hLar about the deadlme and \\ould complam, The vanance process and the e\.emrtIon for smaller R\ , should take care of about 900'0 of the Situations In the elly A.nother frequent comment was to provIde relIef from the stnct IImJtatlOn of t\\ 0 \ chicles The ordmance accomplIshes thiS m two ways RecreatIOnal vehIcles and traders less than 6 feet in heIght are exempt from the lImItatIon of two recreatIOnal vehIcles, provided they are located In a Side or rear yard and are screened by a 6-foot hIgh solId fence, vegetation. or structure and arc not nsible from the publIc nght-of-way Secondly, a process has been establIshed to prm'lde a mechaI1lsm to request vanances from the two-vehIcle lImItation, the one-vehicle II1 the front yard lImItatIOn, and rear yard (only) setbacks The process for requestmg more than two vehIcles, or more than one m the front yard. or lesser setbacks m the rear yard IS the mmor vanance process. ThIS starts as an admmlstratl\ e process where adjacent property owners are notIfied, If there are no objectIOns, the request(s) can be approved admmlstratIvely If there are objectIOns, the request goes before the Board of Adjustment for a heanng, The regulatIons apply to renters so long as the vehIcle stored on the property is owned by the renter - ALTERNATIVES CONSIDERED: In addressmg the Visual Impact Issue. several optIOns \\ere conSidered Do /lOt allow parkillg of recreatiollal vehicles beyolld the frollt wall of the structure ThIS would require the parkmg of all recreatIOnal vehicles II1 Sick or rear yards, ThiS may not be possible on smaller lots m the CIty Numerous permIts have been Issued II1 the past for the purpose of constructmg parkmg pads for vehlc Ie storage II1 front yards 2 Require allY recreatiollal vehicles parked ill the frollt yard to be screelled. MaXimum heIght for fences m the front yard IS four feet. ThiS makes fenclI1g mlI1lmally effective m screenmg, VegetatIOn must be faIrly dense and compact to pro\lde effective screenmg, and thIS may occur only after many growmg seasons DeCIduous vegetatIOn does not proVide effectIve screeI1lng m the wmter Is It really possible to hIde a motor home parked m a front yard? 3 Restrict the lIumber of vehicles allowed to be parked ill the frollt yard. Smce two non- exempt vehIcles are allowed to be stored outSIde, the only restnctlon avaIlable IS to allo\\ one vehIcle to be parked m the front yard ThIS appears to be the only realIstIC optIOn to deal WIth the Impact ThiS restnctlOn would apply to all recreatIOnal vehIcles and traIlers, 4 Create classifications of vehicles alld prohibit the parking of "oversize" vehicles in the l 'Pro]ects'.zonmg amendment.sReSldenllal Parkmg,R \' Parkmg 3rd Version C AF 1 Sl doc front yard. The dIfficult)' wIth thIs optlOn IS definmg "oversIze" Ho,^ bIg IS too bIg" Should the measure of "oversIze" be heIght. length. or weIght" Such provISIons mIght tend to complIcate the regulatlOns for enforcement officers and cItIzens and could slo\\ down enforcement by requIrIng tIme to measure a vehIcle or to research ItS weIght. 5 Increase the required setback from the front property line. The current reqUlrcment IS SIX feet. An mcreased setback would push vehIcles farther back mto the lot. Although the front setback m each reSIdentIal zone dlstnct IS 30 feet, many homes have been bUIlt WIth a lesser setback. The thIrty-foot setback allows for the parkmg of a 24-foot motor home on a dnveway whIle meetmg the SIx-foot setback. These two factors combme to make It dIfficult to park a vehIcle over 24 feet long entIrely m the front yard anyway An mcreased setback mIght be dIfficult to Implement m areas of the CIty WIth narrow SIde yards and where permIts have been prevIOusly Issued for parkmg pads accommodatmg the Six-foot setback, The draft ordmance contams a provIsIon Implementmg optlOn #3, allowmg only one recreatlOnal vehIcle or traIler to be stored m the front yard, Short ofbanmng all recreatlOnal vehIcles m the front yard. thIS lImItatlOn IS the easIest to mterpret and enforce. It would reduce the potentIal number of vehIcles parked m front yards, thereby potentIally reducmg the vIsual Impact. FINANCIAL IMPACT: There IS not a dIrect financIal Impact on the City RECOMMENDED MOTION: "1 move to approve CouncIl BIll No 03-2004 on first readmg. order It publIshed. publIc heanng set for Monday, March 22, 2004 at 7 '00 p.m, m the City CouncIl Chambers, and that It take effect 15 days after final publIcatlOn," Or. "1 move to table mdefimtely Council BIll No 03-2004 Report Prepared by' Alan WhIte, Commumty Development DIrector Attachments: 1 LegIslative History 2 Memorandum to Planmng CommISSIon WIthout attachments 3 IllustratIon of Allowed Parkmg Areas 4 CouncIl BIll No 03-2004 l ,Projects'zoning amendments\Residentia\ Parkmg\R\ Parkmg 3rd Verslon CAF 1st.doc C1ty of Wheat fudge Office of the C1ty Clerk MEMORANDUM TO: FROM: WHE':\.T RiUGE COUNCIL ~fEMBERS, ~L\YOR GRETCHE"! CERVE"Y P:\M ANDERSON, CIn' CLERK SUBJECT: LEGISU. TlYE HISTORY PERT.'.INING TO P.\RKING IN RESIDE:-':TlAL .'.RE,'.S DATE: CC 1/14/2004 RANDY YOUNG, CITY toL'.N.'.GER, AL\N \'\'HITE, PL'.!'NING :\ND DE\'ELOP~IENT DIRECTOR Enclosed you will all documents perta1l1111g to the legtslattve history of mUI11C1pal code changes to "Park1l1g 111 Resldenttal Areas" The follo",ng IS an outl1l1e of the documents actton taken. August 12, 2002: September 5, 2002: - September 23, 2002: September 26, 2002: October 21, 2002: December 9, 2002: Summer, 2003: November 17, 2003' December 11, 2203: December 18,2003: First reading of Ordinance Amend1l1g the Code of Laws Pcrtail11ng to Park1l1g I Resldentlal A.reas, Planl11ng COmmlSSIOn consideratlon of ordinance (Public Hearing), Council Action form for Council Bill 29-2002, Case #ZOA 02-04, (Public Hearing), Includes: !\1inutes from 09\05\02 Planning COmmlSSIOn Meeting With recommendations, Summary of regulatlons from partlClpatlng mUl11cipalities; Minutes from September 23, 2002 Council Meeting; Council Bill 29-2002 (Ordinance No, 1265) Mayor Cerveny veto of the ordinance; Veto ovcmde by Council, Study SeSSIOn, !\.Iinutes (Public Hearing), Council Bill 29-2002 (Ordinance No, 1265), Council Meeting (Public Hearing); Includes: Council Action form for reVised ordinance; Minutes of December 9, 2002 Council Meeting Senes of meetings held by Planl11ng and Development staff ",th concerned CItizens, Study SessIOn !\.1inutes: Consensus to send to Planmng CommiSSIOn, Memorandum from Alan \,111te to Planning comrrusslOn detailing ordinance and legtslatlve history Plannlllg ComnllSSlOn l\1inutes (Public Hearing) ATTACHMENT 1 REQUEST FOR COUNCIL ACTION AGENDA ITEM ~ September 23 , 2002 X PUBLIC HEARINGS BlDS/MOTIONS RESOLUTIONS ORDINANCES FOR 1ST READING X ORDINANCES FOR 2ND READING Yes .lL No Quasi-Judicial: SUBJECT: Ordinance Amendmg SectIOn 26-621 of the Code of Laws Pertaining to Parkmg in Residential Areas, Case No. ZOA 02-04. SUMMARY AND BACKGROUND: Council directed staff to examine changes to the section of the Code to restrict the number of recreational vehicles that could be stored outside on residentially zoned property First readmg of this ordinance occurred on August 12th and the changes to the Code at that tIme included restricting the number of recreational vehicles to one; allowing only one vehicle in non-operative condition to be stored outside under a car cover and not a tarp; and not allowing carports or frame covered structures to be used to store or conceal these vehicles. Different limits for different types of recreational vehicles were not established. Planning Commission considered the ordmance on August I sl and suggested that a distinction be made in the types of recreational vehicles and requested information on other citIes' restrictions. That informatIon IS mcluded in the attached memorandum to the Planning Director. On September 5th, the Planning Commission recommended approval of the ordinance with changes: 1) defining snowmobiles, ATV's, etc. as "personal recreational vehicles;" 2) consolidating into one section the restrictions on parking recreational vehicles in pubhc rights-of-way; 3) allowing one recreational vehicle plus one trailer loaded with personal recreational vehicles to be stored outside; and 4) requiring the storage of non-operative vehicles at least six feet from the property line. These changes are included in the attached ordinance. ATTACHMENTS: I. Council Bill No 29-2002 2. Planning and Development Department Memo 3. Draft Planning CommiSSIOn Minutes of 9/5/02 BUDGET IMPACT: Original budgeted amount: $0 Actual contracted amount: $0 Impact of expenditure on line item: $0 STAFF RECOMMENDATION: ORIGINATED BY: City Council ST AFF RESPONSIBLE: Alan White, Planning and Development Director SUGGESTED MOTION: " I move to approve Council Bill No 29-2002, Case NO ZOA 02-04, on second readmg," CIty of Wheat fudge Office of the CIty Clerk MEMORANDUM TO: FROM: WHEAT R.l lGE COU!'(CIL ME}'ffiERS, t>L\ YOR GRETCHEN CERYENY PAM ANDERSON, CITY CLERK SUBJECT: LEGISL\ TIYE HISTORY PERTAI!'(ING TO P:\RKlNG IN RESIDE:\TL\L /lRE:\S DATE: 1/14/2004 CC RA,NDY YOUNG. CITY t>L\N:\GER, :\L\N \'('BITE, PL\!'(NING ,\ND DE\'ELOPMENT DIRECTOR Enclosed you will all documents pertammg to the legislative history of muniClpal code changes to "Parkmg m Residential Areas" The follm,vmg IS an outlme of the documents action taken, August 12, 2002: September 5, 2002: - September 23, 2002: September 26, 2002: October 21, 2002: December 9, 2002: Summer, 2003- November 17, 2003' December 11, 2203: December 18, 2003: First reading of Ordinance Amend1ng the Code of Laws Pertammg to Parkmg I Residential Areas, Plan1l1ng Comnussion consideration of ordinance (Public Hearing), Council Action form for Council Bill 29-2002, Case #ZOA 02-04, (Public Hearing), Includes: Minutes from 09\05\02 Planning COmITIlSSIOn Meeting with recommendations, Summary of regulations from partiCipating muniCipalities; Minutes from September 23, 2002 Council Meeting; Council Bill 29-2002 (Ordinance No. 1265) Mayor Cerveny veto of the ordinance; Veto overnde by Council, Study SesslOn: I\1inutes (Public Hearing); Council Bill 29-2002 (Ordinance No, 1265), Council Meellng (Public Hearing), Includes: Council .-\ction form for revised ordinance; I\1inutes of December 9, 2002 Council Meeting Senes of meetings held by Planl11l1g and Development staff \Vlth concerned Clt1Zens, Study SesslOn Minutes: Consensus to send to Planlllng CommlSSlOn, Memorandum from Alan \,('hite to Planmng COmITIlSSlOn detailing ordinance and legislative lustory Planmng COl1unisslOn Minutes (Public Hearing) ATTACHMENT 1 INTRODUCED BY COUNCIL MEMBER SCHNEIDER Council Bill No. 29-2002 Ordinance No. Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-123 of the Wheat RIdge Code of Laws is hereby amended as follows Recreational vehicle, li'A::""uble. A vehicle, such as a recreational trailer, tent camper trailer, truck camper, travel trailer, motor home or other vehicle with or without motive power, deSIgned and/or constructed to travel on the public thoroughfare and origmaIly intended and designed for human habitatJon. The term shall also include vehicles used in recreational pursuits such as snowmobiles, all-terrain vehicles, jet skis, boats, and other similar motorized or non-motorized devices. - Rt:L/t:ulwHul vt:}"dt:, "o"li(t:,1Jublt:. "'dudes "'[lI.J, a." "ot ,",-!u;,cJ to b" llee\l~,-,J \;y \1,<0 ColOlado 1vlotOl Vd.ic!c D)Yi'slOU, suel. .1'> S"o",ll.obik.>, all-kuall. veludes alld oll'''1 6111\11al vdl1...k". Section 2. SectIOn 26-621 of the Wheat RIdge Code of Laws IS hereby amended as follows Sec 26-621 Residential parking. A. In reSIdential zone districts, the parking of trucks, vans, buses or licensed trailers which are used for commercial purposes, whether the commercial enterpnse IS conducted from the home or conducted elsewhere, IS prohibIted except as penmtted by thIS section, An occupant of a dwelling may park, or allow the parking of, no more than one (1) truck or van which is used for commercial purposes upon the premIses or confined to the street frontage of the lot in question, prOVIded, however, that such vehicle does not exceed a one- ton chassis. Parking of trailers whIch are used for commercial purposes is prohibited on any public right-of-way. B. In residential zone districts, one (1) recreational vehicle 11l0lOliL.Gd altd uOu-1uolo1iLCd '-'<l111jJlIlg vd.idc~ (except campers mounted upon pickup trucks), tt.li!c.-IuOUltk.J \;oats. and or one (1) other towed vehicles such as, but not limited to, a utIlity trailers may be parked withm public street nghts-of-way for a period up to seventy-two (72) hours, proVIded they are attached to the towmg vehIcle. Moving the towing vehicle andJor the trailer to another location in the right-or. way does not extend or re-start the 72 hour period. C. Except as noted above, in residential zone districts, detached traIlers and recreation vehicles are prohibited from parkmg in pubhc nghts-of-way; however, one (1) detached trailer or one (1) recreational vehicle they may be parked or stored outside upon property owned by the vehIcle owner, prOVIded such vehicles are parked SIX (6) feet or more mSlde the front property lme Such vehicles will be smtilarly permitted upon reSIdential rental properties where the owner of the vehicle resides upon the premises, and in the case of multifamily residential properties, where such vehicle or vehicles do not displace parkmg spaces required to meet the minimum vehicular parkmg standard for the property as set forth herem for multifamily residentIal land uses. Where It is difficult to determme the public right-of-way boundary due to lack of curb, gutter and/or sidewalk, or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb Where a sidewalk exists, such boundanes shall be presumed to be two (2) feet from the outside edge of sidewalk. For the purposes of this subsection C, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles. D. In residential zone districts, 1. c.a".:.s where it is desired to maintain such a restncted vehicle either Within six (6) feet of a public street on private property or wlthm a lawful parkmg area on a public street abutting the front of the property m excess of seventy-two (72) hours, the property owner may obtain a temporary parking permit from the planning and development department. Such temporary parking pernut shall be for a time penod not to exceed fourteen (14) days and no more than one (1) such penrut shall be issued each SIX (6) months for the same vehicle The issuance of a temporary pernut is for the purpose of parking only and not for any other activity The permit must be placed upon the mSlde wmdshield or Side window on the dnver's Side so as to be VISible for mspectlOn. €:E. Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to these parkmg restrictions except that such camper shall not be used for permanent or temporary Jiving quarters. Nothing m this section will be construed to restnct or limit parkmg of any vehicle so described upon private property so long as saJd vehicle IS parked in accordance with the limitations of this section and provided that sight distance triangle requirements of sectIOn 26-603 are met. F. In residential zone districts, one (1) vehicle in non-operative condition as defined in Sedion 15-4 of the Code of Laws may be stored outside upon property owned by the vehicle owner. Such vehicle shall be completely covered with a standard vehicle cover designed and manufactured for the purpose of covering a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cov{'r a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection F, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreational vehicles. Section 3. Safety Clause. The City Council hereby finds, determines, 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 convenience and welfare. The City Council further determines that the ordmance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of thiS Zoning Code or the applicatIOn thereof to any person or circumstances shall for any reason be adjusted by a court of competent junsdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. SupersessIOn Clause. If any provIsion, requuement or standard establIshed by thIS Ordmance IS found to conflict with similar prOVIsions, reqUIrements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, whIch are in eXIstence as of the date of adoptlon of thiS Ordinance, the provisions, reqUIrements and standards herein shall supersede and prevail Section 6. ThIS ordinance shall take effect ~ days after final publIcation - INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to ~ on this ~ day of Augus t , 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 September 23 ,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 readmg by a vote of _ to _, this _ day of ,2002 SIGNED by the Mayor on thIS _ day of ,2002 GRETCHEN CERVENY, MAYOR A TIEST. Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY AITORNEY 1st PublIcation: August 29, 2002 2nd Pubhcatlon' Wheat Ridge Transcript Effective Date GERALD DAHL, CITY ATTORNEY C:\Documents and SeningslalanlMy DocumentslWPFileslProjectslzoning amendmentslres parking ord,wpd City of Wheat Ridge Planning and Development Department Memorandum TO: Alan White FROM: Michael Pesicka SUBJECT: Regulation of RecreatIOnal Vehicles and Junk Automobiles DA TE: August 12, 2002 The following is a summary of regulatIOns from participating municipalities. Golden RV must be licensed and there is no limit as to the number that can be stored on any property One "Junk car" can be stored on a property, but it must be under restoration, licensed and covered or screened. Cover must be specifically made for covering automobiles. No tarps allowed as covers, - Jefferson County Does not regulate recreational vehicles unless the property owner IS proposing to store them commercially. The RV must be owned and licensed by the owner of the property on which it IS being stored. All vehicles whether junk, recreational or personal must be licensed and operable Arvada No regulation on the number of recreational vehicles someone can own or store RV's do not have to be screened from View, but cannot be longer than 30 feet. Does allow one (1) antique vehicle per property that must be screened from view or stored in a garage. Car covers are allowed as a means to screen the vehicles, but tarps are not considered covers. All vehicles must be licensed with the property owner Lakewood Attached are copies of Section 17-9-1 of the City of Lakewood Zoning Code, with pertinent information highlighted in green. Littleton No regulation on the number of recreational vehicles or operable vehicles. No inoperable or unlicensed vehicles are allowed on any residential property RV's are limited to a width of 7 feet and a length of 22 feet if they are to be stored on the street. Antique vehicles, or vehicles being restored must be 1TI a garage or carport. If 1TI a carport, then they must have an opaque cover that IS undamaged. Non- motonzeJ RV's can be "ll.reJ on the street no lunger than 48 hours Westminster Allow only one RV on any resIdential property and It cannot be stored In the front yard. Any automobiles on the property must be licensed, but there IS no lirrut as to the number of automobiles. No parking ofRV's on the street and all vehicles must be licensed. North21enn No regulation on the number of RV's or automobiles. All operable and inoperable vehicles must be licensed, Vehicles that are being restored or are inoperable must be stored In a garage or screened by a 6 foot fence. Northglenn has a proposal on the table to limit the number of total vehicles per property to 5 ARTICLE 9: PARKING REQUIREMENTS 17-9-1. GENERAL PROVISIONS. (I) Noland shall be used or occupied, no structures shall be designed, constructed or altered, and no use shall be operated unless the off-street parkmg space herem reqUired IS provided m at least the amount and maintained in the manner set forth within this Article, No person shall construct, pave or repave a parkmg lot without first obtaining a building permit. (2) All required off-street parking spaces shall be provided within the lot lines established for the uses to be developed or redeveloped. All other parking proposals shall be reviewed by the Board of Adjustment in accordance with Section 17-4-7 (3) Provision of parking spaces within an integrated parking and access system is encouraged. The total number of spaces provided shall be the sum total of the individual requirements. Parking requirements will be based on the land use(s), (4) All driveways, drive aisles, parking areas, and all parking spaces within those areas located m districts other than One Acre Residential (RIA) shall be designed and designated in conformance with the site plan requirements of Title 17, Article 15 Driveways serving one and two family dwellings in distncts (RR) Rural Residential, (I-R) Large Lot Residential, (Z-R) Small Lot Residenl1al. and (3-R) Duplex Resldenl1al which access unimproved streets are exempt from thiS reqUIrement. -- (5) All parking ratios in Table 9-4, for combined residentiaVnonresidential developments shall be determined based on the individual uses, Mixed nonresidential developments, such as shopping centers, industnal or office parks, shall have parkmg based upon the type of development and not based on mdivldual uses. The number of spaces required in Table 9-4 will be rounded up to the next whole number (6) Parking spaces and on site circulation shall be designed in such a manner as to provide safe movement for pedestrian and vehicular traffic. On site parking shall be maintamed m good condition free of weeds, dust, trash and debris, and major surfacing defects, (7) When a change in the use or user of the property creates an increase in the parking demand even where there is no development or redevelopment taking place, the additional parkmg demand shall be provided for (8) Parking of Motor Vehicles Restricted a) Every property zoned (residential) RIA, RR and I-R shall be prohibited from having more than ten (10) vehicles parked outside on the property. b) Every property zoned (residential) 2-R, 3-R, 4-R, 5-R, and PD with a single-family detached home or a duplex unit shall be prohibited from having more than seven (7) vehicles per unit parked outside on the property Duplexes, triplexes, and other multi-family units shall be prohibited from having more than four (4) vehicles per unit parked outside on the property, ,.1. . For purposes of this Article 17-9, vehicles are defined as all vehicles including, trailers, vessels (boats), all self propelled and non-self propelled vehicles, recreational vehicles, commercial vehicles, motor homes, trucks, vans, motorcycles, and passenger cars, Vehicles shall not include bicycles, 2. For purposes of this Article 17-9, a trailer containing a boat shall be considered one (I) vehicle, Lakewood Zoning Ordinance August 13,200 1 9-1 A trailer containing recreational vehicles such as snowmobiles or motorcycles shall be considered one vehicle, 3 Notwithstanding the foregoing, the following vehicles are prohibited from being parked or stored on any property in residential areas. a, 1 Any commercial vehicle which is 20,000 pounds or greater or more than 30 feet in length or ten feet in height or greater or which has three or more axles, 2, In measuring the height of commercial vehicles, the measurement shall exclude any accessory equipment related to the function of the vehicle, such as alf conditIOning units, heating units and similar devices mounted on top of the vehicle. Signage shall not be excluded from such measurement. No more than fifty (50) per cent of the roof area of the vehicle shall be used for the accessory equipment mounted on top of the vehIcle, b. Truck tractors c, Semitrailers d, Dump trucks e, Busses f Construction equipment weighing 10,000 pounds or more except whenbemg used on the property in conjunction with a building permIt or other permit issued for that locatIOn, c) Parking must meet requirements in this section 17.9, and other related municipal ordinances mcluding Chapter 9.80 of the Lakewood Municipal Code, d) On residenllallots, parking areas shall not exceed 50 peTcent of the back yard; 50 percent of the front yard, and 50 percent of the side yard. Each lot shall be allowed no more than 30 feet of drive. cuts along the lot's street frontage, e) All parkmg areas shall be kept free of weeds, trash, and debris, ,.1) Of the vehIcles referred to m 8(a) or 8(b) above, no more than two (2) shall be a junk motor vehicle as defined in 9 80 of the Lakewood Municipal Code, Junk motor vehicles must be stored in the back or side yard and must be screened from publIc view (as set forth in 980 of the Lakewood MuniCipal Code). Side yard parking IS prohibited if the setback is less than eight (8) feet. g) Of the velucles referred to in 8(a) aT 8(b) above, no more than one (1) of either a travel trailer, motor home, or camper unit per dwelling unit shall be parked on any residentIal zoned property. h) Not more than two trailers OT not more than one trailer and one motor home shall be parked m a front yard. i) Of the velucles referred to in 8(a) or 8(b) above, no more than one (1) commercial vehicle, as defmed in Article 2 of the Lakewood Zoning Ordinance, per dwelling unit shall be parked on each residential lot (9) Improved Surface Required: ~~ areas, driveways, or any other part of the property used for vehicle travel and parking located in the front yard, side yard, and back yard shall be improved all weather surfaces clearly delineated by curbs, landscaping, or similar features to distinguish the paricing area from the remainder of the yard. a) Approved all weather surface includes: 'COncrete paving, Hot mix asphalt paving; or rock One recommended materialls three-quarter-inch thick or larger rock a minimum of three inches in depth, Approved all weather surfaces shall not include materials such as carpet, shingles. wood or Lakewood Zoning Ordinance August 13, 200 1 9-2 cardboard. The purpose of this Subsection 17-9-1(9) is to insure that a dust-free weed-free and mud-free surface is provided for parking. PJu:king will not be allowed on grass, weeds, mud or dirt, b) A property owner shall comply with the requirement for an Improved surface within SIX (6) months of a postmg or receipt of a notice of violation of this subsection 17-9- J (9) c) Exemptions from the above requirement may be granted by the Director for side yard and back yard parking for properties used for agricultural purposes such as the keeping of horse trailers, tractors. and other similar Items. Applications for the exemption stating the reasons for the exemptlon shall be made to the Department of Community Planning & Development. The Director's deciSIOn shall be based upon property use, number of vehicles, compatibility with surrounding property and other relevant factors, If a request is denied, any appeal shall be to the Board of Adjustment. (10) Use of Car Covers a) Car covers may be used to cover motor vehicles but must be expressly made for the purpose of covering a vehicle and cannot be tarps, b) If a car cover is used, it must be maintained at all times, Ripped, tom, or blowing covers will not be allowed, (II) Occupancy of Travel Trailer, Motor Home, or Camper Unit: A travel trailer. motor home, or camper unit not located within a travel trailer campground, may be occupied for a penod of time not to exceed two (2) weeks from the date that the travel trailer, motor home, or camper unit first arrives within the City During such time, an adequate water supply and adequate toilet facilil1es shall be available at all times to the occupants of the trailer If the trailer is hooked to a power source via an extension cord, such cord must be maintained as to not create a safety hazard. - (12) Planning applications where reciprocal or shared parking is contemplated may be required to mclude parking accumulation studies for existing facilities similar to the proposed uses and for the surroundmg uses with which parkmg is being recIprocated, The following guidehnes must be followed: a) Determme if shared parking is possible by examming the land use mIx adjacent to the subject SIte, the size of each use, the type of operation, and most important, the 12 to 24-hour parking demand characteristics of each use. b) Conduct 12 to 24-hour parking accumulatIOn studies for existing facilities similar to those for whIch reciprocal parkmg is being requested, and for the surroundmg ones with whIch shared parking IS anticipated, Weekly and monthly variations in parkmg demand must be taken into consideration, c) Occupancy factors may be a consideratlon in determimng how well the parking spaces for the existing adjacent uses, with which shared parking is being contemplated, are currently being utilized, These can be detennined dunng the accumulation studIes outlined above, d) Based on the data for existing similar facilities, the total parking demand for all uses included in the shared parking analysis must be projected for each hour over a 12 to 24-hour period for the most critical day of the week and month of the year This must include the Thanksgiving to Christmas period, This will determine the minimum number of spaces that must be provided, Lakewood Zoning Ordinance August 13. 2001 9-3 CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting September 5, 2002 DRAFT - 1. CALL THE MEETING TO ORDER The regular meeting of the \\Theat Ridge Planning Commission was called to order by Chair WEISZ at 7:00 p.m., September 5, 2002, in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, \\Theat Ridge, Colorado. 2. ROLL CALL Commission Members Present: Jerry Collins Paulette Cooper John McMillin Marian McNamee Nancy Snow Paula Weisz Kevin Witt Commission Members Absent: Philip Plummer Staff Members Present: Meredith Reckert, Sr. Planner Ann Lazzeri, Secretary 3. PLEDGE OF ALLEGIANCE Following is the official set of Planning Commission minutes for the public hearing of September 5, 2002. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of \\The at Ridge. 4 APPROVE ORDER OF AGENDA It was moved by Commissioner SNOW and seconded by Commissioner McNAMEE to approve the order of the agenda. The motion passed 7-0 with Commissioner PLUMMER absent. 5. APPROVE MINUTES - August 1,2001 Commissioner SNOW offered an amendment to the minutes on page 3, paragraph 4, line 4 to add the following words to the last sentence: "and indicated that the city was not involved in any way." It was moved by Commissioner McNAMEE and seconded by Commissioner COOPER to approve the minutes as amended. The motion passed 7-0 with Commissioner PLUMMER absent. Planning CommissiOn September 5, 2002 Page I 6. PUBLIC FORUM There was no one to appear before the Commission at this time. 7. PUBLIC HEARING A. Case No. ZOA-02-04: An ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas. The case was presented by Meredith Reckert. She reviewed the staff report which set forth revisions to the ordinance as suggested by the Planning Commission and City Council. The report also included a summary of similar regulations imposed by other jurisdictions. Commissioner McNAMEE expressed concern about restnctions which would allow only one recreational vehicle. CommissIOner WIlT expressed concern about limiting the nwnber of vehIcles that may be stored on a traIler. Comrmssioner McMILLIN suggested that, ~ince recreational vehicles vary so much in size, it might work to set forth a linear allotment. For example, each property owner would be allowed so many linear feet regardless of the combination. There was dIscussion about whether or not horse trailers should be included in the defInitions. - It was moved by Commissioner SNOW and seconded by Commissioner COLLINS that an ordinance amending Section 26-621 of the Wheat Ridge Codes of Law pertaining to parking in residential areas be recommended for approval with the following amendments to Sections B, C and F: Section B shall read: "In residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights of way except that one utility trailer or one recreational vehicle with or without an attached towed vehicle may be parked within public street rights-of-way for a period up to seventy-two bours. Moving the utility trailer or the recreational vehicle to another location in the right-of- way does not extend or re-start the 72-hour period. This section does not apply to campers mounted upon pickup trucks." The first sentence of Section C shall read: "In residential zone districts, one recreational vehicle and one other detached trailer upon which may be mounted personal recreational vehicles may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line." In section F, the following words shall be added to the end of the fil-st sentence: "as long as it is within six feet of a public street on private property under same conditions as set forth in Section C above." P laJlIllI1g ConUlllSS IOn September 5, 2002 Page 2 Noting that the city of Arvada linuts the length of recreational vehicles to thirty feet, Commissioner McMILLIN moved to amend the motion to limit the length of recreational vehicles to 30 feet and any attached accessory vehicles be limited to 20 feet or less. The motion died for lack of a second. A vote was taken on the original motion which passed by a vote of 7-0 with Commissioner PLUMMER absent. 8. OLD BUSINESS Subdivision on north side of 32ad Avenue east of Kiplinl!: - Commissioner SNOW expressed concern that, while another developer has plans to develop property across the street from this project, the first developer is already responsible for buildmg both sides of the street. There are also drainage issues involved between the two developers. She commented that this points out the need for some type of a cost recovery ordinance. 9. NEW BUSINESS Cancellation of Planninl!: Commission Meetinl!: on September 19, 2002 - Meredith Reckert advised the Commission that there were no cases ready to come before the Commission on September 19, 2002. 10. COMMISSION REPORTS There were no commission reports. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. 12. ADJOURNMENT It was moved by Commissioner McNAMEE and seconded by Commissioner COOPER to adjourn the meeting at 8:15 p.m. The motion passed unanimously. Paula Weisz, Chair Ann Lazzeri, Recordmg Secretary . ~ Planning LOlllruission September 5, 2002 Page 3 HATRIIG PlJIDflSI/IkJ Fax:3032345923 Sep 23 2002 15:52 P.Ol City of Wheat Ridge Planning and Development Department Memorandum TO: Mayor and Ci'l Council FROM: Alan White. Planning and Development Director oo.u SUBJECT: CBBe No. ZOA 02-Q4. Ordinance amending S<<:tion 26-621 of the Code of Laws Pertaining to Parking in Residential Areas DATE: September 23, 2002 The request for Council Action Sheet for this item states that Planning Commission recommendations ARE included in the ordinance. The ordinance in your packet DOES NOT include the Planning Commission recommended changes. This ordinance was inadvertently left out. In order to include one or all of the Planning Commission recommendations, the motion should include 1.2.3, or 4 below. SUgge!ted Motion: - "1 move to approve Council Bill No. 29-2002, Case NO, ZOA 02-Q4, on second reading with the following changes: 1. Amend Section 26-123 with the addition of the following definition: Recreaticnal Vehicle, Personal. Vehicles used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles. all-terrain vehicles, personal water craft, boats, and other similar motorized or non-motorized devices. 2. Revise Section B to read: In residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights-of-way e~cept that one utility trailer or one recreational vehicle with or without an attached towed vehicle may be paned within public street rights-of-way for iI period of up to seventy-two hounl. Moving the utility trailer or the recreational vehicle to another location in the right-of-way docs not extend or re-start the 72-hour period. This section does not apply to campers mounted upon piCKUP trocks, 3. Oumge the first sentence of Section C to read: In residential zone districts, one recreational vehicle and one other detached trailer upon which may be mounted personal ~onal vehicles may be parked or stored ouwde upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line. 4. Add the following wording to the end of the first sentence in Section F: "provided such vehicles are parked six (6) feet OX'more inside the front property line under the same cOllditlOns itS set forth in Se>ction C above." =-~ CITY COUNCIL MINUTES September 23, 2002 Page -2- APPROVAL OF AGENDA Motion by Mr Mancinelli to pull Agenda Item 7 because this should have been brought up for reconsideration on September 9 at the Regular Meeting, seconded by Mr Gokey; carried 7-1 with Mr DiTullio voting no Motion by Mr Schneider to suspend the Council Rules and allow this Item to be considered tonight as Item 7 B and further moved that all Rules be suspended for that particular debate, seconded by Mr Gokey Mr DiTullio asked for a division of the question First question to put this on as Item 7 B carried 8-0 Second part of the motion failed 5-3 with Councilmembers Hanley, Figlus, and DiTullio voting no (This needed 6 votes to pass) Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mr Mancinelli, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1 Council Bill 29-2002 - An Ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas Council Bill 29-2002 was introduced on second reading by Mr Schneider; Clerk read summary and background and assigned Ordinance No 1265 Alan White presented the staff report. He stated that the Ordinance contained in the packet was the one passed on first reading by Council and did not include the Planning Commission recommended changes He faxed out a memo today, which included those changes He elaborated on the changes to the Ordinance that were recommended by the Planning Commission He recommended that the definition of "jet skis" be changed to "personal water craft" The changes recommended by Planning Commission read as follows 1 Amend Section 26-123 with the addition of the following definition' Recreational Vehicle, Personal. Vehicles used in recreational pursuits designed for use by one or two persons, including such vehicles as snowmobiles, all- terrain vehicles, personal water craft, boats, and other similar motorized or non- motorized devices CITY COUNCIL MINUTES September 23, 2002 Page -3- 2. Revise Section B to read. In residential zone districts, detached trailers and recreational vehicles are prohibited from parking in public rights-of-way except that one utility trailer or one recreational vehicle with or without an attached towed vehicle may be parked within public street rights-of-way for a period of up to seventy-two hours Moving the utility trailer or the recreational vehicle to another location in the right-of-way does not extend or re-start the 72-hour period This section does not apply to campers mounted upon pickup trucks 3 Change the first sentence of Section C to read' In residential zone districts, one recreational vehicle and one other detached trailer upon which may be mounted personal recreational vehicles may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line. 4 Add the following wording to the end of the first sentence in Section F "provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section C above Linda Weatherman is concerned about this Ordinance, they own a 27 ft Winnebago Motor home and have a 21 ft Pontoon Boat, which are stored on their property She is not sure if this Ordinance would put them in violation - Mr. DiTullio asked Mr. White if the condition that the recreational vehicle had to belong to the property owner is in the Ordinance Mr White stated yes, that was addressed in Section C This would apply to either an owner or a renter Ms Figlus asked Mr White if somebody could have several personal recreational vehicles on the property The answer was, yes, if they fit on 1 trailer, otherwise they would have to be stored inside Mr White stated that this would be addressed in change 3 The definition of "Recreational Vehicle" includes a Motor Home, a snowmobile, a personal watercraft, a boat, a camper trailer She questioned the wording that recreational vehicles cannot be stored in a carport as addressed in Section C and the same thing in Section F. in the last sentence. It should read "nonoperative vehicle" Mr White agreed, Ms Figlus questioned the parking of a visitor's RV They can apply for a temporary parking permit, not to exceed 14 days and park on the street. Ms Figlus asked that this also apply to parking in the driveway and the language be added to the Ordinance. Alan Salzmann applauded Council for drafting an Ordinance with stronger language regarding recreational vehicles He has had an experience with a large RV parked next to his driveway and he narrowly missed hitting children while backing out of his driveway He submitted a petition 7 years ago for the removal of RV's from any frontage property 90% of his neighbors signed it. CITY COUNCIL MINUTES September 23, 2002 Page -4- Motion by Mr. Schneider to approve Council Bill 29-2002, Case No lOA-02-04, on second reading. I further move to add the following wording to the end of the first sentence in Section F "provided such vehicles are parked six feet or more inside the front property line under the same conditions as set forth in Section C. above." I further move that we change the words "jet skis" in Section 1 to "personal watercraft", seconded by Mrs Rotola. Motion by Ms Figlus to add amendments 1 2 and 3. as proposed by the Planning Commission: seconded by Mr Hanley Mr Schneider will vote no on this because this will water down the law we currently have in place In reading 2., it says that one utility trailer or recreational vehicle with or without an attached vehicle may be parked within the public street, this means you can leave an abandoned trailer in the street. Right now you can't do that. Under our current ordinance it has to be attached to a towing vehicle Ms Figlus amended her amendment to strike the words "one utility trailer", seconded by Mr Hanley Mr Schneider stated if we left out the entire amendment it would be exactly as it is right now Amendment to the amendment failed 2-6 with Councilmembers Hanley and Figlus voting yes Motion by Mr Gokey to amend Ms Figlus' motion to strike 1 and 2 and add 3 ; failed for lack of a second Vote on amendment failed 2-6 with Councilmembers Hanley and Figlus voting yes Motion by Mr Gokey to amend the motion to add 3 , seconded by Ms Figlus Mr DiTullio stated this motion makes no sense because it goes with 1., which has not been included in the original motion Mr Gokey amended his amendment to add 1 to go with 3 , seconded by Ms Figlus Mr Gokey stated that he wants to support the responsible RV and boat owners in the City, who take care of their possessions The problem is with people who store five or six different recreational vehicles on their property Motion tied 4-4 with Councilmembers Hanley, Gokey, Rotola, and Figlus voting yes Mayor broke the tie by voting yes. Motion carried 5-4. CITY COUNCIL MINUTE::' September 23, 2002 Page -5- Vote on main motion as amended carried 7-1 with Ms Figlus voting no Ms Figlus asked when this would take effect and how people would be notified of this law Mr. Dahl stated it would take effect 15 days after final publication and people would be notified by this ordinance being published in the newspaper Ms Figlus feels all of us are in favor of cleaning up the City, however 15 days is a very short time to allow people to make other arrangements. She doesn't know how many people read the fine print of public notices and she would be more comfortable if this would be enforced after the next publication of the Wheat Ridge Connection and give people an opportunity to find out about this other than getting a warning from the City Item 2. Council Bill 30-2002 - An Ordinance adopting by reference the Wadsworth Boulevard Corridor Plan (Case No ZOA-02-05) Council Bill 30-2002 was introduced on second reading by Mr Mancinelli, who read the title, summary and background Clerk assigned Ordinance No 1266 Alan White presented the staff report and answered Councils' questions, Motion by Mr Mancinelli to adopt Council Bill 30-2002 (Ordinance 1266) (Case No ZOA-02-5) on second reading and that it take effect immediately; seconded by Mr Edwards; carried 7-1 with Mr Gokey voting no - Item 3. Consideration of an application for a Special Use Permit to allow a gasoline fueling facility on C-1 zoned property located at 5201 West 38th Avenue and 3817 Sheridan Blvd (Case No SUP-02-01) (King Soopers) Vance Edwards stated that, based upon a discussion with Mr. Dahl, he will abstain from this Agenda Item. Charter Section 5 9 requires every Councilmember to vote on all matters unless he/or she has a personal or private interest in the matter In the past, when items related to this matter were discussed, the party was 38th & Sheridan Ltd Partnership, which owns the Shopping Center He was then required to vote, The applicant this evening is King Soopers, who is his employer. If he voted, it would be considered a conflict of interest. He will leave Council Chambers for the entire agenda item and abstain from voting Mr Edwards left Council Chambers Item 3 was introduced by Mr DiTullio, who read the title, summary and background Meredith Reckert, Planning Department, was sworn in by the Mayor and presented the staff report, She stated that Planning Commission had denied this request and an appeal was filed to City Council, that is why we are hearing this case tonight. She recommended an additional condition regarding the design of the canopy that would meet the streetscape manual requirements CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO October 21, 2002 Mayor Cerveny called the Study Session to order at 7'00 p m. Councilmembers present: Vance Edwards, Odarka Figlus, Dean Gokey, Harry Hanley, Ralph Mancinelli, Lena Rotola and David Schneider. Jerry DiTullio was not present. Also present: City Clerk, Wanda Sang; City Manager, Randy Young, Director of Planning, Alan White, Chief of Police Jack Hurst; Director of Parks and Recreation, Joyce Manwaring, staff and interested citizens Motion by Mr Mancinelli to approve the Minutes of September 16, 2002, seconded by Mrs. Rotola; carried 7-0 Motion by Mr Schneider to move Agenda Item 5 to Agenda Item 1, seconded by Mr Mancinelli, carried 7-0. Motion by Ms Figlus to move Item 4 to Item 2, seconded by Mr Hanley; carried 7-0. Approval of Agenda as amended, Item 5 is the first Item on the Agenda, Item 4 is the second Item on the Agenda, the other 3 Items follow; carried 7 -0. Item 1. Ordinance 1265 - Parking in Residential Areas Alan White presented this item and passed out a list of comments and Staff recommendations Kenneth King, 2949 Vivian St., spoke against the ordinance. He said that he had driven around Wheat Ridge and talked to 27 people about their knowledge of this ordinance None of them knew anything about it. He asked that there be better communication between City Council and the citizens Denver Johnson, 2948 Vivian St., read a letter he had written against the ordinance. Motion by Ms. Figlus to suspend the rules for the length of time spent on this item, seconded by Mr Hanley; carried 6-1. Jim Opp, 3232 Vivian Dr., said that the ordinance should allow two RV's for each property Shirley Walker, 429B Kipling St., Unit A, owns a feed store in Wheat Ridge and spoke against the ordinance Gary Hartley, 3250 Moore Ct., and Herbert Hartline, also spoke against the ordinance. David Schneider read comments from supporters of the ordinance and explained the reasons for the ordinance STUDY SESSION MINUTES, October 21,2002 Page - 2 - Discussion on the list of staff recommendations followed 1 Consensus 7-0 to follow Staff recommendation regarding the number of vehicles 2. Consensus 7-0 to follow Staff recommendation regarding the types of vehicles 3 (a) Consensus 6-1 to follow Staff recommendation regarding the number and type of trailers, and consider all trailers to be the same (b) Consensus 7-0 that a trailer with 4 snowmobiles on it would be considered one vehicle 4 Consensus 7"() NOT to incorporate Staff recommendation on the setbacks. 5 Consensus 6-1 to follow Staff recommendation for parking/storage surfaces 6 Consensus 7 -0 to follow Staff recommendation for parking in carports 7. Consensus 7"() to follow Staff recommendation for sight triangle/obstructions 8 Consensus 7-0 to follow Staff recommendation to move the non-operative vehicles provision to Chapter 15 9. Consensus 6-1 to follow Staff recommendation to not include a grandfather clause Consensus failed 2-5 to allow visitors to a residence to be able to park on private property with a permit. Item 2. Code Enforcement - Chief of Police Jack Hurst gave his recommendations on changes to Code Enforcement. Discussion followed Consensus 7-0 to go along with Chief Hurst's Pro-Active Code Enforcement Position Item 3. Arvada Excavating request to move channel into Johnson Park Alan White presented this proposal and asked Council to make a consensus to move this forward to a regular City Council Meeting Discussion followed Walt Pettit stated that this modification would help Wheat Ridge Water District. Joyce Manwaring asked that she get some kind of agreement or clarification of the plan to see how it would affect the park. Consensus 7"() to bring this item forth to a regular City Council Meeting with are-vegetation plan that will be comprehensive and address the concerns of Council. Item 4. Teen Center - future direction Joyce Manwaring and Julie Brisson, Recreation Superintendent, recommend closing the teen center as a drop-in center and moving the direction of the program into more programmed or scheduled activities and basing it out of the Anderson building Discussion followed Consensus 7-0 to support the policy direction on the teen program and to bring back options for the teen building .,. ITEM S. October 21, 2002 INTRODUCED BY COUNCIL MEMBER SCHNEIDER Council Bill No. 29-2002 Ordinance No. --12E.S Series of 2002 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 26-123 of the Wheat Ridge Code of Laws is hereby amended as follows Recreational vehicle, l'Lc-,,~ublc-. A vehicle, such as a recreational trailer, tent camper trailer, truck camper, travel trailer, motor home or other vehicle wIth or without motIve power, designed and/or constructed to travel on the public thoroughfare and origmally mtended and deSigned for human habitation, The term shall also include vehicles used in recreational pursuits such as snowmobiles, all-terrain vehicles, personal water craft, boats, and other similar motorized or non-motorized devices. Rc-Llc-ul;u"ul "d'lLlc-, "u"llLc-,,~ublc-, Ve.hide.6 ",!,;d. oll" uat ''''1uu"J to L" I,GGu,,,J L,y tl,e. _ Colo,aJo ~fatu, VduGk D; "s'Ou, ,ad, ab "uO~Il,oL"ks, all-kllollu , du"ks auJ utl,G, ,lllIlla. ,duGks. Section 2. SectIOn 26-621 of the Wheat Ridge Code of Laws IS hereby amended as follows Sec 26-621 ReSidential parkmg, A In reSidential zone dIStrictS, the parkmg of trucks, vans, buses or lIcensed traIlers whIch are used for commercial purposes, whether the commercial enterpnse IS conducted from the home or conducted elsewhere, is prohibited except as perrrutted by this section. An occupant of a dwelling may park, or allow the parking of, no more than one (I) truck or van which IS used for commercial purposes upon the prerruses or confined to the street frontage of the lot m question, provided, however, that such vehicle does not exceed a one- _ ton chasSIS Parkmg of trailers which are used for commercial purposes IS prohibited on any publIc nght-of-way B In reSIdential zone distncts, one (1) recreational vehicle 1l.0tOll2."J auJ uO.hl10tOllz.e.d Ga.llp;Ug, ,dud"" (except campers mounted upon ptckup trucks), lJ.a;k,-,uouut"d L,u.lts, and or one (1) other towed vehicles such as, but not lunited to, a utility trailers may be parked wlthm public street nghts-of-way for a penod up to seventy-two (72) hours, proVided the) are dltached tu the tuwlI1g ,dude Moving the towing vehicle and/or the trailer to another location in the right-of-way does not extend or re-start the 72 hour period. C. Except as noted above, in residential zone districts, detached traders and recreation vehicles are prohibited from parlong in public nghts-of-way; however, one (1) detached trailer or one (1) recreational vehicle they may be parked or stored outside upon property owned by the vehicle owner, provided such vehicles are parked SIX (6) feet or more lllstde the front property line. Such vehicles wIll be slUularly penrutted upon residentIal rental properties where the owner of the vehIcle resides upon the premises, and m the case of multifamily residentIal properties, where such vehicle or vehIcles do not dIsplace parlong spaces reqwred to meet the nurumum vehicular parking standard for the property as set forth herem for multIfamily residentIal land uses. Where It IS dIfficult to detenrune the public nght-of-way boundary due to lack of curb, gutter and/or SIdewalk. or survey markers, such boundaries shall be presumed to be ten (10) feet from the edge of pavement or back of curb. Where a sidewalk exists, such boundanes shall be presumed to be two (2) feet from the outside edge of sidewalk, For the purposes of this subsection C, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conce<ll such recreational vehicles. D. In residential zone districts, hI cases where It IS deSIred to mamtam such a restncted vehicle either WIthin SIX (6) feet of a publIc street on pnvate property or within a lawful parlong area on a publIc street abuttmg the front of the property in excess of seventy-two (72) hours, the property owner may obtain a temporary parlong penrut from the plann, ng and development department. Such temporary parlong permIt shall be for a tIme penod not to exceed fourteen (14) days and no more than one (1) such penmt shall be Issued each SIX (6) months for the same vehIcle. The Issuance of a temporary penmt IS for the purpose of parkmg only and not for any other actIVIty The penmt must be placed upon the mSlde WIndshield or SIde window on the dnver's SIde so as to be VISIble for mspectlOn - €:E. Pickup truck-mounted campers, when mounted upon pickup trucks, are not subject to these parlong restnctIons except that such camper shall not be used for permanent or temporary livmg quarters. Nothing in this section will be construed to restnct or lImit parlang of any velucle so described upon private property so long as said vehicle is parked In accordance WIth the limitatIOns of this section and provided that SIght dIstance mangle requirements of seclion 26-603 are met. F. In residential zone districts, one (1) vehicle in non-operative condition as defined in Section 15-4 of the Code of Laws may be stored outside upon property owned by the vehicle owner, provided such vehicles are parked six (6) feet or more inside the front property line under the same conditions as set forth in Section C above. Such vehide shall be completely covered with a sbmdard vehicle cover designed and m3nufadured fur the purpuse uf \:Overing a vehicle. Such cover shall be of a single earth tone or neutral color and shall be maintained in good condition free from holes, rips, tears, or other damage. Tarps, plastic sheets, or any other type of material not specifically designed and manufactured to cover a vehicle shall not be used to cover a non-operative vehicle. For the purposes of this subsection F, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such non-operative vehicles. Section 3, Safety Clause. The City CounCIl hereby finds, detenrunes, and declares that thIS ordinance is promulgated under the general pollce power of the Clty 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 convenience and welfare, The City CouncIl further determines that the ordinance 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 Zomng Code or the application thereof to any person or CIrcumstances shall for any reason be adjusted by a court of competent junsdictlon mvalId, such judgment shall not affect applIcation to other persons or CIrcumstances, Section 5. SupersessIOn Clause, If any provision, reqUirement or standard established by thiS Ordinance is found to conflIct WIth similar proviSIOns, reqUirements or standards found elsewhere In the - Code of Laws of the City of Wheat Ridge, whIch are in existence as of the date of adoption of thiS Ordinance, the provisions, reqUIrements and standards herem shall supersede and preVaIl Section 6, This ordinance shall take effect uptln adoption. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of -L to -1L on thIS ~ day of August , 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 September 23 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 -2-- to -L-, thIS 23.Ld.. day of S..pt..mber , 2002 Vetoed by the Mayor on this ~ day of September ,2002 MAYOR'S VETO OVERRIDDEN BY A VOTE OF 6 TO 2; COUNCIL MEETING OCTOBER 14, 2002. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk 1st Publication: August 29, 2002 2nd PublicatIOn October 17, 2002 Wheat Ridge Transcript Effectlve Date: Oc tober 14, 2002 ~_d1~ GERALD DAHL, CITY A ITORNEY C:\Documents and Settingslalan\ll-fj DocumentslWPFileslJ>rojectslzoning arnet>dInentslres parking ord,wpd - MAYOR GRETCHEN CERVENY 3425 Moore St. Wheat Ridge, Colorado 80033-5533 vm" 303.233.1506 fax. 303.23 /::^03378.8887 Wheat Ridge City Council r ~ TO: FROM DATE This is your official notdication t at I am vetoing Ordinance # 1265 (Council Bill #29-2002) which Council passed on Monday, September 23, 2002. 'In good conscience I can not allow thIS Ordinance to govern all the people of Wheat Ridge ThiS ordinance, as reconsidered and passed, allows citizens to park or store only one recreatIOnal vehicle or detached trailer outside on their dnveway. I am vetoing thiS ordmance because it dlscnmlnates agamst the many owners of recreatIOnal vehicles who puIl a boat or trailer With A TV's or snow machines behind their recreational vehicle This ordinance would not allow them to park outside on therr own property. It IS my goal, as It is With CounCil, to keep "Wheat Ridge a mce place to live and work" I am aware that many of the people who move to some of the new neighborhoods III Wheat Ridge prefer the very restrictive covenants their homeowner associatIOns enforce I know there are some neighborhoods which have allowed their covenants to expire and Wish to form a new homeowners aSSOCiation. However, I do not belIeve that the maJonty of Wheat Ridge cItIzens ~~vant the laws of Whe;:rt Ridge to be thiS restrictive. I do believe the City should have some restnctlOns on recreatIOnal vehicles and trailers In reSidential areas. The CIty should have parking ordinances which protect public safety, particularly In the area of "Sight triangles" where tall recreatIOnal vehicles can obstruct the Vision of dnvers. As we heard III the testImony September 23, 2002, thiS ordinance does not address the public safety concern of taIl recreatIOnal vehicles which do not have to foIlow the height restnctlOns the City has for fencing, I urge CouncIl not to forget that the Citizens are our customers and to bring forward ordmances which address public safety and welfare Without unduly infrInging on our citizens' personal nghts. '- - Provision Comment Staff Recommendation 1. Number of Vehicles Currently limited to one (1). Increase number of Recreational vehicles vs. recreational vehicles or personal craft trailers allowed to be stored or parked to two (2). 2. Types of Vehicles Currently all are treated the same. Create second definition of Recreational Vehicles vs. If allowed in addition to personal recreational vehicle personal craft recreational vehicles, should the to cover snowmobiles, etc. number of personal craft stored on a trailer be limited? 3. Trailers (Number and type) Not clear if snowmobile on a trailer Allow these vehicles to be Horse trailers are not constitutes one recreational stored on a trailer as an mentioned vehicle plus one trailer - a equivalent to a recreational violation. Needs clarification. vehicle. Horse trailers should be treated as any other trailer 4. Setbacks Current requirement is 6 feet in Require storage in the side or Front front only rear yards to conform to Side carport/detached garage Rear setback (generally 5 feet). Front setback remains 6 feet, unless a driveway sight triangle is involved. 5. Parking/Storage Surface Not addressed in Section 26-621 Many areas of the City have Section 26-501 (D) requires "areas gravel driveways. Gravel subject to wheeled traffic for should be allowed as a access, parking, sales, or parking surface. storage, to be surfaced with concrete, asphalt, brick pavers or similar materials." The first 25 feet of a driveway must be surfaced with these or "similar materials." 6. Parking in Carports Intent was to prohibit recreational Make change to ordinance vehicles or trailers above the one allowed on the propertyto be stored in a carport or tent. This needs to be clarified. 7. Sight Triangles/Obstructions Current requirement applies to Clarify that this requirement driveways only' 15 from the edge or the 6-foot setback applies, of driveway and 15 feet from the whichever is greater right-of-way line 8. Non-operative Vehicles This provisions should be moved Make change to ordinance to Chapter 15 where non-operative vehicles are defined. 9. Grandfather Existing This would require verification of Do not include a Vehicles and Trailers current vehicles and trailers in the grandfathering clause City via a windshield survey of every lot on every street. Very time consuming. ~CD REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. December 9, 2002 TITLE: CASE NO. ZOA 02-04, RESIDENTIAL PARKING (REVISED) ~ PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date 11/18/02) [2J ORDINANCES FOR 2ND READING Quasi-Judicial o Yes [2J No tf(~ ~i~~ City Manager () Planmng and Development Director RECOMMENDED ACTION. Staff recommends approval of Council Bill No 36-2002 With the follOWIng amendments Renumber SectIon 5, Safety Clause to SeclIon 6 2 Renumber Section 6 to Section 7 3 Renumber SectIOn 7, SuppreSSIon Clause to Section 8 EXECUTIVE SUMMAR y, ThiS is an update to inform Council of Planning CommiSSIOn's action on this case at their heanng on December 5, 2002, The attached ordinance contaInS all changes agreed to by consensus at Council's study session held on October 21, 2002 and all changes made on first readIng. FINANCIAL IMPACT, See origInal action form, COMMISSIONfBOARD RECOMMENDATION: Planmng CommiSSIOn recommended adoptIOn of the ordInance With the follOWIng amendments SeClIon 1, thmi paragraph under definItion of traIleI" ehrTIlnate the words "and horse trailers" and add the words "but does not Include horse traIlers," 2. Section 2, paragraph B, second lIne. after the words "may be stored outsIde" add the folloWIng words "In the front yard setback or any unfenced side yard adjacent to a publIc street. Parkmg IS allowed only upon property occupIed by the vehIcle owner AddItIOnal recreational vehicles or traders may be parked elsewhere on the property provIded that the maxImum area used for parlang or storage of recrealJonal vehicles, traders or non-operatIVe vehIcles does not exceed 40% of the remaInder of the lot." 3 Section 2, paragraph B, add the following words to the end of paragraph B. "Any property owner may apply to the BOA for a variance from the location and number of recreatIOnal vehicles and trallers Imposed by thIS subsection Such applicatIOn shall be made m the manner required by SectIon 2-61 and 26-115 and shall be e\aluated and deCided upon by the Board of Adjustment ll1 the manner reqUIred by SectIon 2-53td) and 26-115 AddItIOnal vehIcles permitted by actIon of the Board shall be located, screened or covered as directed by the Board by conditIons of approval of any such variance" 4 Section 2, paragraph E, change the first sentence to read, "Horse traders, pIckup truck- mounted campers 5 Section 2, paragraph F, add the following words to the end of thIS paragraph "Any owner of property attempting to improve the reqUIred parkmg surface to comply with thIS ordinance shall be gIven until September 30,2003 to comply" - 6 SectIon 3, paragraph (k) second 1ll1e, after the words "may be stored outside" add the follOWIng words "ll1 the front setback or unfenced SIde yard adjacent to a publIc street. Parlang is allowed only upon property occupied by the vehicle owner 8 SectIOn 3, paragraph (k) 1ll1e 12, change wording as follows "Any property owner may apply to the Board of Adjustment for a vanance from the locatIOn and number of non-operatIve vehicles Imposed by thIS subsection _ 'II NOtJ-OYUAll Vi VG::til CLS~ SectIon 3, paragraph (11.) 1111e 12, Insel1 the following language pnor to the Board of Adjustment provisIon" I s or traIlers may be parked elsewhere on the property provided that the maximum aft' a used for parkmg or storage of recreatIOnal vehlcles, tr31lers or non-operalJ ve vehIcles does not exceed 40% of the remall1der of the lot. 7 9 Section 5 - Safety Clause should be renumbered to Section 6 10 SectIOn 6 should be renumbered to Section 7 and add the follOWIng words: "WarnIng tickets WI]] be the only type of enforcement for SIX months after the effectIve date of this ord1l1ance - No fines will be assessed for six months after the effectlve date of this ordinance" II Section 7, Suppression Clause should be renumbered to SectIon 8 Each portion of the above motion was discussed and approved by consensus earlier in the meet1l1g pnor to makmg the formal motion lkc,lUSC no CUlhc'nsus \hlS lcaL!leu onlhe 1:,~UL ur pdlKJIlg UI :,lclllng U\t'ISILe lLcJ'ealiunal \chILles, the CommIssIon voted to study thiS Issue further at a later date The motIOn failed 3-3 C\Documents and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\RV park,ng cc act,on updale,doc PROJECT HISTORY. See origInal actIon form. ST ATEMENT OF THE ISSUES, In diSCUSSIng large recreatIOnal vehicles, the PlannIng Commission considered estabhshmg setbacks and prohibiting parking in both side yards to address impacts to neighbors. No consensus was reached, The CommiSSIOn generally agreed that restrictmg RV's to a certam number across the board was unreasonable given the Widely varymg lot sIzes in the City Owners of larger lots should have the abilIty to store more vehicles The Planmng Commission's recommendations to permit any number of recreatIOnal or non-operatIve vehIcles m Side or back yards are attempts to reconcIle the Issue of lot sIze versus number of vehicles allowed, The implementatIOn of thIS WIll be dIfficult and time consuming. There will be those who wIll claim the five non-operative vehicles in the back yard are collector cars, when m realIty an Illegal auto repaIr home occupatIOn is bemg conducted. If storage IS allowed In the Side and back yards for vehicles In excess of the two allU\ved m the front, IS there a need to create a vanance process wlth the BOA') The only Item avaIlable for vanance IS the 40% lot coverage requirement. The variance procedures for either non-operative vehicles or recreational vehIcles wIll add to staff workload. ALTERNATIVES CONSIDERED: See original actIOn form. Report Prepared by' Alan White (303)- 235-2844 Attachments. None C \Documents and Seltings\alan\My Docurnems\WPFiles\Projecls\zoning amendments\RV parkIng cc action update,doc HATRIIG: PIJRO-ASING Fax:3032345923 I:ec 9 2002 16.29 P.04 ~ REQUEST FOR CITY COUNCIL ACTION ~P(L~ ~ "-- COUNCil.. MEETING DATE. December 9,2002 TITLE: CASE NO. ZOA 02-04, RESIDENTIAL PARKING (REVISED) ~ PUBUC HEARING o BIDSIMOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: 11/18/02) l2J ORDINANCES FOR 2ND READING Quasi -Judicial; o Yes ~ No ~~ Planning and Development Director CityC:1~~ RECOMMENDED ACI10N: Staff recommends approval of Council Bill No. 36-2002 with the following amendments: 1. Renumber Section 5, Safety Clause to Section 6. 2. Renumber Section 6 to Section 7. 3. Renumber Section 7, Suppression Clause to Section 8. EXECUTIVE SUMMARY: This is an update to inform Council of Planning Commission's action on this case at their hearing on December 5, 2002. The attached ordinance contaiI1ll all changes agreed to by consensus at Council's study session held on October 21,2002 and all changes made on first reading. FINANCIAL IMPACT: See original action form, COMMISSIONIBOARD RECOMMENDA nON: Planning Commission recommended adoption of the ordinance with the following amendments: 1. Section 1. third paragraph under definition of trailer: eliminate the words "and horse trailers" and add the words "hut does not include horse trailers." --.----- 03 HATRIDGE PURO-flSI~ Fax:3032345923 Dee 9 2002 16:29 P.CJS PROJECT illSTORY: See original action form. STATEMENT OF THE ISSUES: In discussing large recreational vehicles, the Planning Commission considered establishing setbacks and prohibiting parking in both side yards to address impacts to neighbors. No consensus was reached. The Commission generally agreed that restricting RV's to a certain number across the board was unreasonable given the widely varying lot sizes in the City. Owners of larger lots should have the ability to store more vehicles. The Planning Commission's recommendations to permit any number of recreational or non-operative vehicles in side or back yards are attempts to reconcile the issue of lot size versus number of vehicles allowed. The implementation of this will be difficult and time consuming. There will be those who will claim the five non-operative vehicles in the back yard are collectOr cars, when in reahty an illegal auto repair home occupation is being conducted. If storage is allowed in the side and back yards for vehicles in e1l.cess of the two allowed in the front. is there a need to create a variance process with the BOA? The only item available for variance is the 40% lot coverage requirement. The variance procedures for either non-operative vehicles or recreational vehicles will add to staff workload. ALTERNATIVES CONSIDERRD; See original action fonn, Report Prepared by' Alan White (303)- 235-2844 Attachments: None C:\Documents and Settings\alan\My Documems\WPFiles\Projoclli\wning amendments\RV parlctng cc a.ctiOD update.doc HATRIDGE PLRGflSI~ Fax:3032345923 Iec 9 2((12 16.29 P.05 2. Section 2, pangraph B, second line, after the words "may be stored outside" add the following words: "in the front yard setback or any unfenced side yard adjacent to a public street. Parldng is allowed only upon property occupied by the vehicle owner. Additional recreational vehicles or trailers may be parked elsewhere on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non-operative vehicles does not exceed 40% of the remainder of the lot." 3 Section 2, paragraph B, add the following words to the end of paragraph B: "Any property owner may apply to the BOA for a variance from the location and number of recreational vehicles and trailers imposed by this subsection, Such application shall be made in the manner required by Section 2-61 and 26-115 and shall be evaluated and decided upon by the Board of Adjustment in the manner required by Section 2-53(d) and 26-115. Additional vehicles permitted by action of the Board shall be located, screened or covered as directed by the Board by conditions of approval of any such valiance." 4. Section 2, paragraph E, change the first sentence to read: "Horse trailers, pickup truck- mounted campers. ...... ." 5. Section 2, paragraph P, add the following words to the end of this paragraph: "Any owner of property attempting to improve the required parking surface to comply WIth this ordinance shall be given until September 30, 2003 to comply." - 6. Section 3, paragraph (k) second line, after the words "may be stored outside" add the following words: "in the front setback or unfenced side yard adjacent to a public street. Parking is allowed only upon property occupied by the vehicle owner. " 7. Section 3. paragraph (1<) line 12, change wording as follows: "Any property owner may apply to the Board of Adjustment for a variance from the location and number of non-operative vehicles imposed by this subl>eCtion,. ," 8. Section 3, paragraph (k) line 12, insert the following language prior to the Board of Adjustment provisIon: "Additional recreational vehicles or trailers may be parked elsewhere on the property provided that the maximum area used for parking or storage of recreational vehicles, trailers or non--operative vehicles does not exceed 40% of the remainder of the lot. 9. Section 5 - Safety Clause shOUld be renumbered to Section 6. 10. Section 6 should be renumbered to Section 7 and add the following words: "Warning tickets will be the only type of enforcement for six months after the effective date of this ordinance. No fines will be assessed for six months after the effective date of thi s ordinance." 11 Section 7, Suppression Clause should be renumbered to Section 8. Bach portion of the above motion Wllll discussed and approved by consensus earliet' in the meeting prior to making the formal motion. Because no consensU5 was reached on the issue of pll!"kine or storing oversiu recreational vehicles, the Commission voted to study this issue further at a later dare, The motion failed 3-3. C:\Docwnents and Settings\alal1\My Doc\1ments\WPFiles\Projects\zonillg amcndments\RV parking cc action update. doc CITY COUNCIL MINUTE.v December 9, 2002 Page -2- Motion by Mr Edwards that at the end of the Regular City Council Meeting we go into Executive Session for conference with the City Attorney under Charter Section 5 7(b)(1) and Section 24-6-4(2)(4)(b) of C R.S , specifically legal advise on specific legal questions, waiver of environmental indemnification and threatened litigation, seconded by Mrs. Rotola, carried 7-0 Motion by Mr DiTullio to approve the Agenda as amended, seconded by Mr Edwards, carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 36-2002 - An Ordinance amending the Wheat Ridge Code of Laws pertaining to parking and storage of vehicles in Residential areas (Case No. ZOA-02-04) Council Bill 36-2002 was introduced on second reading by Mr Schneider; Clerk assigned Ordinance No 1271 Alan White, Director of Planning, explained the differences between this new Ordinance and the previous Ordinances addressing Recreational Vehicles He also addressed Planning Commission recommendations He clarified that this Ordinance applies to Residential Zone Districts, anything that starts with R-, not Agricultural Zone Districts - The following citizens spoke against the Ordinance: Perry DeVere, Don Kammerzell, Leslie Owens, Art Baston, Bill Chouinard, Shirley Walker, Nancy Ward, Liz Cardenas, Kevin Craig, Polly Pinkston, Greg Squires, Don MacDougall, Marc Kahre, Jim Stevens, John McMillin, Paul Dierschow, Robert Beyl, Jeff Moellentine, Lyal Bright, Barbara Bright, Greg Lagerberg, Denver Johnson, Randy Stone, Cindy Shaw, Jim Simons, William Hedden, Brent Owens, Cindy Owens, Doug Linder, RaeAnn Flageolle, Gerald Flageolle, Kate Hartline, Tom Nielsen, Victor Olson, Janet Bradford, Daniel Lazzari, Chris Whiteman, Luis Riggiero. Their comments and concerns were The Ordinance needs to be changed to allow farmers to conduct their business in Wheat Ridge; the previous Ordinance is ridiculous and needs to be revoked in its entirety; there should be more hearings on this matter; people bought large properties so they can store their recreational vehicles in their back yard; this should go to a vote of the people, this is not a covenants community; take the advice of the Planning Commission or face recall, it won't be easy to enforce this Ordinance, CITY COUNCIL MINUTE::, December 9, 2002 Page -3- are we going to expend police time in enforcing this, don't rush through this, it is not a crisis and an imminent danger to Wheat Ridge; leave us alone and take care of trashy places with the nuisance code, RV owners pay a lot of taxes and buy their tires and supplies in Wheat Ridge; don't spend our tax money on enforcing this The following citizens spoke in favor and support of the Ordinance and urged Council to pass it: Don Peterson, Sheila Bardwell, Ellen Rollins, and Jay Rollins. Their comments included We want to have a nice rural community and respect each others property; property values need to increase, we don't want a blighted community. Motion by Mr. Schneider to approve Council Bill 36-2002 (Ordinance 1271), Case No ZOA-02-04 on second reading, seconded by Mr Gokey Motion by Mr DiTullio to amend to delete Sections 1 2 and 7. and by renumbering the remaining Sections accordingly; seconded by Ms Figlus, failed 2-5 with Mr DiTullio and Ms Figlus voting yes Motion by Mr DiTullio to amend by incorporating the Planning Commission recommendations listed on the fax dated December 9, 2002, including the corrections Mr White made, seconded by Ms. Figlus, failed 2-5 with Councilmembers Figlus and DiTullio voting yes, Motion by Ms Figlus to refer this Item to the January Study Session, seconded by Mr DiTullio, failed 2-5 with Mr DiTullio and Ms Figlus voting yes - Vote on original motion carried 6-1 with Ms. Figlus voting no Ms. Figlus agreed with a member of the audience that this Ordinance is less bad than the last one, but bad is bad and she will not support it. Item 2. Council Bill 35-2002 - repealing and reenacting Chapter 22 of the Code of Laws of the City of Wheat Ridge concerning Taxation, moving certain sections of chapter 22 concerning the licensing of Peddlers, Solicitors and Nonresident vendors to Chapter 11, and eliminating the requirement that canvassers obtain a license. Council Bill 35-2002 was introduced on second reading by Ms Figlus, who also read the title and summary Clerk assigned Ordinance No 1272. City Treasurer, Ron Patera, explained that this makes some of the language a little more user friendly and when there are references to the Colorado Revised Statutes they are correct. This has no impact on tax policy CITY COUNCIL STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO November 17, 2003 7:30 p.m. The Study Session was called to order by Mayor Cerveny at 7.30 p m Councilmembers present: Jerry DiTullio, Karen Berry, Dean Gokey, Wanda Sang, Karen Adams, Lena Rotola, and Larry Schulz. Also present: City Clerk. Pam Anderson, City Manager, Randy Young, Director of Community Development, Alan White, and interested citizens APPROV AL OF MINUTES OF APRIL 21, 2003 Motion by Mr. DiTullio to approve the Minutes of April 21, 2003; seconded by Mrs. Rotola, carried 3-0 with Councilmembers DiTullio, Rotola and Gokey voting yes Councilmembers Berry, Sang, Adams, and Schulz were not on Council during that meeting APPROVAL OF AGENDA Motion by Mrs Sang to approve the Agenda as printed; seconded by Mr Gokey; carried 7-0 ~ Item 1 Ordinance 1271 - Parking and Storage of Vehicles in Residential Areas Mr White reported on the history and intent of the ordinance He also gave his recommendation on not including a grandfather clause His department has heard a lot of concerns regarding storage of large recreational vehicles Mr DiTullio asked Mr White if Council had the option to send these recommendations to Planning CommiSSion Mrs Adams said she felt that this should go back to Planning Commission, and felt it would be important to have a notification process to concerned citizens Mr. Young explained that the study session process is to establish whether Council wished to go forward with staff recommendations, and get feedback. Mr DiTullio asked for consensus that the staff recommendations be drafted in ordinance form and sent to Planning Commission for consideration STUDY SESSION MINUTES November 17, 2003 Page -2- Mr Gokey asked to amend the consensus to include more detailed criteria and Instructions that recreational vehicles must meet setbacks for accessory structures, and present zoning codes, Consensus was 7 to 0 Mr Gokey asked to amend instructions to create size criteria or classification for recreational vehicles. Mr White suggests a consensus to give general direction to staff and Planning Commission to come up with a way to deal with the visual impacts of large recreational vehicles stored in the front yard, Consensus was 7 to O. Main consensus by Mr. DiTullio to send staff recommendations with two amendments to Planning Commission and come back with a recommendation or not; Consensus was 7 to 0 t- Item 2. Review of Section 26-613 Home Occupation (Commercial Vehicles) Mr White reviewed the code section regarding home occupation of commercial vehicles The code restricts home occupation to one commercial vehicle per home occupation He explained the history, details. and intent of the code and explained that the ordinance does not refer to limousines in particular. - Mr Young wanted to establish the context of the ordinance He stated that selecting one exemption for residential zones makes it difficult, because you are selecting one above others. Mrs Sang asked for consensus to hear a representative from the audience, Consensus was 7 to 0 Peter Perrone spoke on behalf of audience members The PUC considers sedans limousines. The limousines have no more traffic impact than other people coming and going from work. The business goes to great lengths to not impact the community. The industry has a desire to preserve residential neighborhoods What is the distinction between allOWing two RVs, but only one limousine? Mr DiTullio reemphasized that this is not about limousines, but that they have to consider all commercial vehicles. Mr Perrone felt that there should be a process for exception. Sedans should be exempt. Mr Schulz stated that it is important that the rules make sense and that Wheat Ridge is friendly to businesses. and we are fair He would like to know how we compare to other communities. Mr White said that there would have to be some research about some of the neighboring communities, INTRODrCED BY COUl\'CIL MEl\1BER Council Bill No. Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26.621 OF THE WHEA T RIDGE CODE OF LA WS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEA T RIDGE. COLORADO, THA T: Section 1. Section 26-621 of the Wheat RIdge Code of Laws IS hereby amended as follows Sec 26-621 ReSIdentIal parking, A In reSIdential zone dIStrictS, the parking of trucks. vans, buses or lIcensed traIlers whIch are used for commerCIal purposes, whether the commercIal enterpnse IS conducted from the home or conducted elsewhere, IS prohIbited except as penmtted by thIS sectlon An occupant of a d\\ ell1ng may park or allow the parking of, no more than one (I) truck or van which IS used for commerCIal purposes upon the premIses or confined to the street frontage of the lot in questJOn, proVIded, however that such vehIcle does not exceed a one-ton chaSSIS. Parking of traIlers whIch are used for commercIa] purposes IS prohibited on any publIc nght-of-way B In reSldentlal zone dIStriCtS, a maxImum of two (2) of any the following vehIcles may be parked outSIde upon property owned or rented by the vehIcle owner, proVIded the vehIcle owner reSIdes on the property . Recreational VehIcle . TraIler upon whIch are stored personal recreatJOna] vehIcles Recreational vehicles or trailers are exempt from this two-vehicle limitation provided the vehicles or trailers are stored in the area between the side property line and the side wall of the structure and the back property line and the back wall of the structure, provided both of the following are met: . The vehicles or trailers are less than six (6) feet in height, and . The vehicles or trailers are not visible from the public right-of-way as a result of being stored behind a solid fence six (6) feet in height, a structure, or vegetation which completely screens the vehicle from view from the public right-of-way. C. Only one (1) such recreational vehicle or trailer may be stored in the area between the street and all walls of the structure facing the street. "lIch vehlc1e<; c.\Projecls\zoning amendments\Residential Parking\res parking 3rd version,nf or traIlers must be parked SIX (6) feet or more inside the front property hne For corner lots, the one (1) vehicle restriction shall apply to both areas between the street and the walls of the structure facing the street. Such "chicles ...,111 be SImIlarly pellmtted upon resldentlOl rental properties ,...here the o'nner of the \ehlcle resIdes upon the premIses, and 1fl the case of multifamily I'CSldentIal propertIes, where such vehicle or vehIcles do nO{ displace parkJl1g spaces requIred to meet the minImum \chlcuJur padun; standard for the property as set forth hereIn for multifamily resldentlQ! land uses, Where It IS difficult to determIne the public rIght-of-way boundary due to lack of curb, gutter and/or SIdewalk, or sun ey markers such boundarIes shall be presumed to be ten (10) feet from the edge of pavement or b<JcJ... of curb Where a SIdewalk eXIsts, such boundanes shall be presumed [0 be two (2) feet from the outSide edge of SIdewalk. For the purposes of thIS subsectIOn C B, permanent or teIT'porary carports, frame covered structures, tents, or other tempor<Jry structures shall not be used to store or ccmceal such recre<JtlOnal vehicles or tr<Jllers In excess of the maxImum number permitted, D. Recreational ,'ehicles or trailers stored in a side yard need not meet any setback requirements. Recreational vehicles or trailers exceeding six (6) feet in height stored in a back yard must meet the side and rear yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. - G,E. In reSidentIal zone dlstncts, detached traIlers and recreational vehIcles are prohIbited from parkIng In pubhc nghts-of-way; however one (1) recreatIonal vehicle or one (1 ) trailer may be parked withIn publIc street nghts-of-way for a penod up to seventy- two (72) hours, proVIded they are attached to the tOWIng vehicle MOVing the tOWIng vehIcle and/or the trailer to another locatIon In the nght-of-way does not extend or re- start the 72 hour penod. f) F. In reSidential zone dlstncts, where It IS deslfed to maIntaIn such a restncted vehICle either WIthin six (6) feet of a publIc street on pnvate property or WIthIn a lawful parkIng area on a publIc street abutting the front of the property In excess of seventy- two (72) hours the property owner may obtain a temror~1rY rar\..lng permIt fn'm the planmng and development department. Such temporary parlung permIt shall be for a time penod not to exceed fourteen (14) days and no more than one (1) such permit shall be Issued each SIX (6) months for the same vehIcle The Issuance of a temporary permit is for the purpose of parlung only and not for any other actIvIty The permIt must be placed upon the mSlde WIndshIeld or SIde WIndow on the driver's side so as to be VISIble for mspection, E.G. PIckup truck-mounted campers, when mounted upon pIckup truc\o,.s. are not subject to these parJung restrictions except that such camper shall not be used for permanent or temporary lIVIng quarters, Nothmg In thIS sectIon will be construed to restnct or lImit parkIng of any vehicle so descnbed upon pnvate property so long as saId vehIcle IS parked in accordance WIth the limitatIOns of thIS sectIon and proVIded that SIght dlqance tnangle rf'(]Ulremenl, "f ,eCllnn 2fi-603 are met C \Projecls\zoning amendments \Residential Parking\res parking 3rd version,nf F H. Areas which are used to store or park allowed recreatIOnal vehIcles or trailers shall be of an Improved surface consistIng of concrete. asphalt, bnc!.. pavers. gr;.l\ el at least Sl \ (6) Inches in depth, or SImilar matenals If gravel ]S used. the parKIng or storage area must be built to that the matenal used for surfacIng stays contaIned With the storage or parkIng area With the use of concrete curbs, railroad tIes, landscape timbers. or simIlar matenals I. The storage of recreational vehicles or trailers is permitted upon multi-famil~ residential properties where the owner of the vehicle resides upon the premises. and where such vehicle or vehicles do not displace parking spaces required to meet the minimum vehicular parking requirement for the property as set forth herein for multifamily residential land uses. J. Any vehicle or trailer owner may apply for a \'ariance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 26-115 C 1 of this code, whether or not the requested variance is within the ten (10) percent limitation. Should objections be received from the adjacent property owners, the Community Development Director shall schedule the request for a public hearing before the Board of Adjustment according to the noticing procedures contained in Section 26-109 B, C and D. Section 2, Safety Clause. The City Council hereby finds, detenmnes, 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 publJc convemence and welfare The CIty Council further determInes that the ordInance bears a rational relation to the proper legIslatIve object sought to be attaIned, - Section 3, SeverabllItv. If any clause, sentence, paragraph. or part of thIS Zoning Code or the applIcatIOn thereof to any person or circumstances shall for an) reason be adjusted by a court of competent jun<dlctlOn invalId, such ;~!dgment ,hall not affect appllCat10n to other persons or circumstances Section 4. SupersessIOn Clause, If any proVISIon, requIrement or standard establJshed by this Ordinance IS found to conflIct WIth simIlar provISIons, reqUIrements or standards found elsewhere In the Code of Laws of the CIty of Wheat RIdge, whIch are In 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 fir,t readln'! bv a vnte of to 0n C \Projects\zoning amendments\Residential Parking\res parking 3rd version,rtf thIs _ day of ,200-+. ordered pubhshed m full m a newspaper of general clrculalion In the City of Wheat Ridge and Pubhc Heanng and conslderalion on final passage set for ,2004, at 7 00 o'clock pm, In the CouncIl Chambers, 7500 West 29th Avenue, \Vheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and fmal readmg by a vote of _ to _, thIS _ day of ,2004 SIGJ\cD by the Mayor on thIS _ day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST Pamela Anderson, CIty Clerk - APPROVED AS TO FORM BY CITY A TTORl\'EY GERALD DAHL, CITY A TIORl\'EY 1 st PublIcalion 2nd PubhcatlOn, Wheat RIdge Transcnpt EffectlVe Date C \Pr0Jccb\20mog amcodmcnts\Res\dentlal Parklog\res parkmg 3rd \erslon,nf Interior Lot RV Parking in Residential Areas Area of 1 RV, 6' setback from the property line .oil Area of exempt RV's if screened: non- exempt must meet setbacks Corner Lot . ~~I!ing Unit l:~ :.~:~;~{ .~~\ ~ / ;, Areas of non-exempt RVs, and exempt RV's if screened Area of exempt RVs if screened: non- exempt must meet setbacks Area of 1 RV; 6' setback from the property line ... ~ .':'::::' ~-.:...~ ~ .,.':-,,-," 'j -. ;..".... Area of non-exempt RVs, and exempt RVs : if screened ' ~ " , " '_ Di.velli~ifU~~ :'~j fSgl{M'.~,"i~_'..~~"'~ Street Qj :!! (/) Qj ~ ii5 Melllorandulll City of Wheat Ridge Planning and Development Department TO: Planmng Commlsslon FRO\l: i\lan WhIle, Planning and Development Director ~ SUBJECT: Case No ZOA 03-19, Parking In ReSidential Areas DATE: December II, 2003 ThIS Case is _ QuasI-judicial X LegIslative Proper noUce was given for this public heanng, Background - Attached IS a revised ordInance addressIng RV park.Ing In resldentJ31 areas The changes are ba 'd upon staff recommendatlOns made to the CouncIl at 'hell' study seSSlOn on November 17lh Those recommendal1ons were based upon a senes of meet10gs held thlS past summer wnh RV owners and non-owners. Attached to this memo IS the memo prepared for the Council's study sessIOn contaInIng a summary of the hIstory of thIS legIslatIOn and staff recommendations, Councll's directlOn was to forward to Planmng CommissIon a new ordinance containing staff recommendations and a way to address the vIsual Impacts of large recreational vehlcles stored 10 the front yard Attached are the minutes from the study session Changes proposed for the Commlsslon's consIderatIOn are shown 10 bold. Deletions are shown in stflltethrough. Summary of Ordinance Changes The cUlTent regulatIOns have been changed as follows RecreatIOnal vehIcles and traders less than 6 feet 10 height are exempt from the l1mltatlOn of two recreatIOnal vehlcles, prOVIded they are located In a SIde or rear yard and are screened by a 6-foot high solid fence, vegetatIon, or structure and are not vlslble from the public right-of-way 2, RecreatIOnal vehICles parked m the front and Side yards need not meet any setback requirements other than the eXIsting requIrement for a 6-foot setback from the front property lIne. RecreatIOnal \ ehlcles parJ..ed In a back yard must meet the side and rear setbacJ.. reqUIrements for an accessory structure 3 Any vehIcle or trader owner may request a \ anance to the t\\ 0 recreatIOnal vehicle/trailer limItatIOn, the lImItatIOn of one vehIcle beIng parked In the front yard. and requlfed setbacJ..s In the rear yard only The process referred to used IS the mInor vanance process, whether or not the request exceeds the 10% lImItatIOn or not. 4 The regulatIOns apply to renters so long as the vehIcle stored on the property ]S owned by the renter 5 There are no provIsIons to grandfather any eXistIng sltuatJons Staff Comments Grandfathenng eXistIng SItuatJons In the communIty would be a tIme-consumIng and labor- IntensIve endeavor ThIS would entall InventoryIng every resIdentIal parcel In the CIty for recreational vehIcles and trallers Probably several SItuatIons would change dunng the course of conductIng the Inventory, rendenng the Inventory Inaccurate, There sImply Isn't the tIme or personnel to commIt to thIS task, The process for requesting more than two vehIcles, or more than one In the front yard, or lesser setbacks In the rear yard IS the mInor vanance process ThIS starts as an admInIstratIve process where adjacent property owners are notIfied, If there are no ob]ectJons, the request(s) can be approved admInIstratively If there are obJectJons, the request goes before the Board of Adjustment for a heanng, In addreSSIng the vlsua] Impact Issue, there are several options to conSider' Do not allow parking of recreational ~'ehicles beyond the front wall of the structure. Th]s would reqUIre the parkIng of all recreatJonal vehIcles In SIde or rear yards ThIS may not be pOSSIble on smaller lots In the CIty Numerous pennIts have been Issued for the purpose of constructIng parlung pads for vehIcle storage In front yards. 2 Require any recreational vehicles parked in the front yard to be screened. MaXImum heIght for fences in the front yard IS four feet. ThIS makes fenCIng mlmmally effectIve In screemng, VegetatIOn must be faIrly dense and compact to prOVIde effectIve screenIng, and thiS may occur only after many groWIng seasons, DeClduous vegetatIOn does not proVIde effective screemng In the WInter Is It really possible to hide a motor home parked In a front yard? 3, Restrict the number of ~'ehicles allowed to be parked in the front yard. SInce two non- exempt vehIcles are allowed to be stored outside, the only restrictIOn avallab]e is to allowed one vehicle to be parked In the front yard, ThIS appears to be the only realistIC optIon to deal WIth the Impact. ThIS restnctlon would apply to all recreatIonal vehIcles 4 Creale classlfica/lUllS vf ~e}llcles ulld prv}llbu lhe parklflg vf "OI't:rslze" ~'eJllcles III lhe front yard. The dIfficulty WIth thiS optIOn IS defining "oversize" How bIg IS too big? Should the measure of "oversIze" be heIght. length, or vvelght" Such provIsIons mIght tend to complicate the regulatIons for enforcement officers and cItIzens and could slov\ down enforcement by requmng time to measure a vehicle or to research Its v\elght. 5 Increase the required setback from the front properly line. 1 he current reqUIrement IS SIX feet. An mcreased setback would push vehIcles farther bad.. mto the lot Although the front setback m each reSIdential zone dlstnct IS 30 feet. many homes have I>een buIlt WIth a lesser setback. The thll1y-foot setback allows for the parJ...mg of a 24-foot motor home on a dnveway whIle meetmg the SIx-foot setback, These two factors combme tu make It dIfficult to park a vehIcle over 24 feet long entirely m the front yard anyv\ ay An mcreased setback might be dIfficult to Implement m areas of the City with narro\\' side yards and where permIts have been preVIOusly Issued for parkmg pads accommodatmg the SIX-foot setback. The draft ordmance contams a proVISIon Implementmg optIon #3. allowmg only one recreational vehIcle or traIler to be stored m the front yard. Short of bannmg all recreatIOnal vehIcles m the front yard, thIS lImItatIon IS the easIest to interpret and enforce It would reduce the potentIal number of vehicles parked m front yards, thereby potentially reducmg the VIsual Impact ExhIbIts .., Memo to City Manager dated 11/07/03 Minutes of CouncIl study sessIOn of 11/17/03 Proposed Ordmance Figures showmg allowed parkmg areas - 3 4 CIty of Wheat RIdge Community Development Department Memorandum TO: Randy Young. CIl)' Manager FROM: Alan WhJte, CommunJty Development DIrector SUBJECT: RecreatlOnal VehIcle ParkIng DA TE: November 7, 2003 ThIS memorandum presents a bnef hIstory of the changes made to RV parkIng regulauons, a summary of recommendatlOns from publIc meetmg held thIS past summer, and staff recommendations for changes to the eXIstIng regulatlOns The current regulatIons are found In Section 26-621, Residential Parking, of the Code of La,>, s History . RevIsed Chapter 26 was adopted by Councll In February 2001 Amendments did not Include any changes to resIdentIal parkmg dealIng wllh recreatlOnal vehIcles. PreVIOusly, and WIth the new Chapter 26, there was no limIt on the number of recreatIonal vehIcles allowed on a reSIdential lot. . OrdInance No 1265 was adopted by Councll on September 23,2002, ThIS ordInance defined recreatIonal vehicles and lImIted the number allowed to be parked outsIde on reSIdential property to one Ordinance 1265 IS attached. . OrdInance No 1265 was vetoed by the Mayor Councll overrode the veto · Council held a studv seSSlOn on Octoher 2] 2002 and reached con<;ensus on several changes to the ordInance. . OrdInance No 1271 was adopted by Councll on December 9,2002 ThIS ordmance made the follOWIng changes to the provIsIons adopted In September o A defimtlOn of personal recreatlOnal vehIcle was added. Horse traIlers were added to the defimtIon of traIlers o A maxImum number of two of the follOWIng can be stored outSIde on reSIdentIal property recreatlOnal vehIcle, traller upon whIch IS stored any number of personal recreatIOnal vehIcles o Clanfied language rchung to parkIng vchlC'le<; In nee" of th(' two pcrml1ted whlC'le<; In carports or temporary structures o Allowed parking or storage areas to be surfaced wllh gravel o Mo\ ed the non-operative vehIcle provIsIon to Chapter 15 (NUIsances) of the Code of Laws o Empowered the Board of Adjustment to hear requests for vanances to the number of non-operat1ve \ehlcles al1o\\ed on a resIdentIal property These are the regulations currently In effect. OrdInance 1271 IS attached, . On January 13, 2003, CouncIl directed staff to conduct a senes of publIc meetings to SohCll comments and Ideas about changes to the ordinance Meellngs were held at the Recreation Center on May 21'\ June 18th, and July 16th The group recommended the followl1lg changes o 1VI0dify the current ordInance to exempt recreatIOnal vehIcles and traIlers under SIX feet In heIght o Grandfather eXIsting vehIcles over SIX feet In heIght. The grandfather status should take Into account all heIrs to the property (I e famJiy members who purchase the property) and would need to conSIder when a landowner trades one R V In for a newer model The ordinance should address people that own RV's but rent the property o Create a vanance process that would prOVIde rehef and a110w property owners to have more than two recreational vehIcles or trailers o Some restnction on the amount of lot that could be used for RV or trailer parking should be Included, along the Ime of the 40% rear coverage recommended by Planmng CommISSIon 10 2002 No speCIfic percentage \\ as recommended. - Staff Recommendations Staff recommends the foJJowlng changes to the ordinance Allow recreational vehicles less than 6 feet 10 height which are stored outSide to be exempt from the two recreal10nal vehicle limItatIOn, proVIded they are screened by a 6-foot hI gh solId fence and not VIsible from the publIc nght-of-way 2 RecreatJonal vehIcles parked In the front and SIde yards need not meet any setback requIrements other than the eXlstmg reqUIrement for a 6-foot setback from the front property lIne, RecreatJonal vehIcles parked In a back yard must meet the side and rear setback reqUIrements for an accessory Slructure 3 Create a process (slmJiar to the non-operatIVe exception process) whereby an owner may apply for addltlOnal vehIcles above the two recreational vehicles lImItatIon 4 Amend the regulations so that what is allowed apphes to renters 5 Do not create any proVISIons grandfathenng any eXIsting sltual1ons, CITY OF WHEAT RIDGE PLANNING COMMISSION Minutes of Meeting December 18,2003 PRArl 1. CALL THE MEETING TO ORDER The regular meeting of the Wheat RIdge Planning CommIssIOn was called to order by ChaIr McNAMEE at 702 p.m. In the City Councll Chambers of the MUnicIpal BUIlding, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL CommissIon Members Present John McMIllin Manan McNamee PhIl Plummer (arrIved at 7'04 p.m,) Paula WeIsz Scott Wesley Kevin Witt Staff Members Present: Alan WhIte, Community Development Director Kathy Field, AdministratIve Assistant 3. PLEDGE OF ALLEGIANCE FollOWing IS the offiCIal set ofPlannmg CommIssIon mmutes for the public hearing of December 18, 2003 A set of these minutes IS retamed both m the office of the CIty Clerk and in the Community Development Department of the CIty of Wheat RIdge. 4. APPROVE ORDER OF AGENDA It was moved by Commissioner WEISZ and seconded by Commissioner WITT to approve the agenda as presented. The motion passed unanimously. 5. APPROVE MINUTES - December 4, 2003 It was moved by Commissioner McMILLIN and seconded by Commissioner WESLEY to approve the minutes of December 4, 2003 as presented. The motion passed with Commissioners WEISZ and WITT abstaining. 6. PUBLIC FORUM There were none present to address the Commission. 7. PUBLIC HEARINGS A. Case No. ZOA-03-19 An ordmance amending SectIOn 26-621 of the Wheat RIdge Code of Laws pertaming to parking in resIdential areas, The case was presented by Alan White. He advised the Commission there was jurisdIctIOn to hear the case and revIewed the staff report. Planning Lommisslon December 18, 2003 Pag~ I CommIssioner McMILLIl'\ suggested that language be added to c1anfy that If an RV IS parked on the side, but a portIOn of it extends into the front yard, It would be counted as an R V parked In the front yard CommissIOner McMILLIN referred to the 6-foot heIght hmltatlOn, and suggested that specific language be added regarding boat trailers because, whtle a boat trailer would not exceed the 6- foot lImItatIon, adding a boat would most lIkely exceed that 6-foot hmlt. Alan White commented that thIS would come under the exempt status, In response to a question from Commissioner McMILLIN, Alan White estimated that vanance fees would fall between $200 and $500 CommissIOner McMILLIN then suggested that variance fees be forgiven for a certain penod of tlme to allow cItIzens to apply for a vanance WIthout charge Commissioner WESLEY asked if there are height limitations for boats. Alan White explamed that heIght lImitations presently apply only to structures, - Don MacDougall 9815 W. 37th Ave. Mr MacDougall was sworn m by Chair McNAMEE. He did not feel lot sizes had been adequately taken Into consideration m thIS ordmance. He has lIved In his present locatIOn for 35 years and has never received a complamt about hiS horse trailers ~ind stated he was In favor of a grandfather clause DR~'r~~ Chair McNAMEE inVited publIc comment at this tIme Victor Olson 2620 U pharo St. Mr Olson was sworn In by Chair McNAMEE, He questIOned the objective behind the regulatIOns. Alan WhIte responded that it was developed to help clean up the appearance of the CIty Mr Olson questIOned where such regulations had been effectIve and what ordinance the regulations were modeled after He objected to the whole concept of regulating RV's, Tom Gillen 3250 Nelson St. Mr. Gillen was sworn In by Chair McNAMEE. He thought the ordinance was a good compromise. He thanked Alan White and staff for their work on the issue. Roger Davidson 4590 Vance St. Mr Davidson was sworn in by Chair McNAMEE. He stated he thought the City was shooting Itself in the foot by making these rules. He asked about non-operative vehicles and was told they are handled under the nUisance code. He asked about velucles parked partially in the front yard. ---~ ~ ~---- Planning Comm,ssion December \8, 2003 Page 2 Denver Johnson 2948 Vivian St. Mr. Johnson was sworn In by Chair McNAMEE. He commented that the rules were bemg establIshed for aesthetic reasons He has a utIlIty traIler and an RV He explained that hIs house SItS on an angle on a corner lot and asked how the rules of front yard and Side yard would apply in hIS sItuation, Jim Opp 3232 Vivian Dr. Mr Opp was sworn in by Chair McNAMEE. He explained his situation, HIS lot backs up to Lena Gulch and he can't access hIS back yard from the rear He can't access hIS back yard from the Side and he can't park on the side because the houses are too close together, so he must park hIS RV and traIler in the front yard. He suggested a holIday perIod for enforCing the regulatIOns so that residents could apply for varIances. {JR~t\ Polly Pinkston 10630 W. 46th Ave. Ms. Pinkston was sworn in by Chair McNAMEE, She asked if the regulatIOns applIed to her property zoned A-2 Alan White replIed that the regulations only apply to resIdentially zoned property and that they would not apply to her She thanked staff for their work. Kevin Craig 10615 W. 461h Ave. Mr Craig was sworn in by Chair McNAMEE. He questioned If there would be a height problem with traIlers and whether the 6-foot exemptIOn applIed With or Without contents loaded on It. Alan White responded that It would depend - empty and less than 6 feet It would be exempt; loaded and over 6 feet It would not be exempt; loaded and under 6 feet it would be exempt. Mr Craig supported the holiday perIod to apply for varIances. Vanessa Moreno 6671 W. 26th Ave. Ms. Moreno was sworn in by Chair McNAMEE, She commented about the proposed setbacks, In her case, the Increased setback would actually make her traIler more visible. CommiSSIoner WESLEY commented that the sIgn of a good government is one that changes laws according to tunes. Because there seems to be a lot of contusIOn about thiS ordmance and because there seems to be no precipitating actIOn to warrant the ordinance, he believed there should be more information m order to make a fully informed decision. CommiSSIOner McNAMEE stated she was strongly opposed to haVing horse trailers mcluded m this ordinance One of the nice things about the city is the number of large lots and horse properties, She also commented that she had never seen a problem with RV's In the cIty She beheved that setback issues need to be examined more closely Commissioner WEISZ commented that she belIeved the ordmance presented a good compromise from the more restrIctive ordmance, She agreed that a further compromise would be a holIday of mne months from fees for variance applications, Planning Commission December 18, 2003 Page 3 Commissioner PLUMMER agreed that horse traIlers should be elImInated from the ordInance and suggested that a waiver ofyariance fees be allowed for a penod of up to two years, He further commented that the Commission should act upon the ordinance at this time Commissioner McMILLIN disagreed that the Commission should act upon the ordinance at this time because there is not a full Commission and he didn't belIeve there was any pressure from City CouncIl to take immediate action on this matter. He suggested continuIng diScussion of the ordmance until January He also believed that It will take a complIcated ordinance to address everyone's issues. He further agreed with a fee holiday He suggested that the CommiSSIOn meet with the Board of Adjustment to diSCUSS vanances for RV's. He commented that he felt a grandfather clause would be feasible and disagreed with the 15-foot rear yard setback requirement. It was moyed by Commissioner PLUMMER and seconded by Commissioner WEISZ to recommend approval of an ordinance amending Section 26-621 of the Wheat Ridge Code of Laws pertaining to parking in residential areas with an amendment to allow a waiver of variance fees for a period of two years after the ordinance is adopted and that horse trailers be eliminated. - Commissioner McMILLIN offered the following friendly amendments: Reduce the rear yard setback from fifteen feet to five feet. If the RV or loaded vehicle is less than six feet in height, it can be parked next to the rear property line. If any portion of an RV extends beyond the front structure of the house, it would be counted as a "front-yard" RV. To determine whether a trailer is exempt or non-exempt, it must be loaded with its intended cargo of boats, snowmobiles or motorcycles. The amendments were accepted by Commissioners PLUMMER and WEISZ. The motion passed 5-1 with Commissioner WESLEY voting no. 8. OLD BUSINESS 1'""'- DRr~- . CommiSSioner McMILLIN asked about the status of an earlier request for staff to Investigate a lighting code based on objective measurements. Alan replIed that thiS request was taken to CouncIl and they also requested staff to pursue the matter Commissioners PLUMMER and McMILLIN volunteered to prepare a report based on their research resources 9. NEW BUSINESS . Alan White advised the Commission that the next Planmng CommiSSIOn meetIng falls on January 1,2004 (New Year's Day). It was moved by Commissioner PLUMMER and seconded by Commissioner WEISZ that the January 1,2004 Planning Commission meeting be canceled. The motion passed unanimously. 10. COMMISSION REPORTS There were no commission reports, - Plannmg Commission December 18,2003 Page 4 11. COMMITTEE AND DEPARTMENT REPORTS There were no commIttee and department reports, r R AFT ADJOURNMENT It was moved by Commissioner PLUMMER and seconded by Commissioner WESLEY to adjourn the meeting at 9:08p.m. The motion passed unanimously. 12. Marian McNamee, Chair Ann Lazzen, Recordmg Secretary ------- Planning Commission December I 8. 2003 Page 5 Memorandum City of Wheat Ridge Planning and Development Department TO: Plannmg CommiSSIOn FROM: Alan White, Plannll1g and Development Director SUBJECT: Case No ZOA 03-19, Parkll1g m ReSIdential Areas DATE: December II, 2003 This Case IS _ QuasI-JudIcial ~_ Legislative Proper notIce was gIven for thIs publ1c hcanng. Background - Attached IS a revised ordmance addressmg RV parkmg m reSidential areas. The changes are based upon staff recommendatIOns made to the CouncIl at their study sessIOn on November Ith Those recommendatIOns were based upon a senes ofmeetmgs held this past summer with RV owners and non-owners. Attached to this memo IS the memo prepared for the Council's study sessIOn contall1mg a summary of the history of tIns legislatIOn and staff recommendatIOns. CouncIl's directIOn was to forward to Plannmg CommissIOn a new ordmance contammg stat! recommendations and a way to address the visual Impacts of large recreatIOnal vehicles stored m the front yard, Attached are the mmutes from the study session Changes proposed for the CommissIOn's consideratIOn are shown m bold. DeletIons are shown m stril,ethrough. Summary of Ordinance Changes The current regulatIOns have been changed as follows RecreatIOnal vehicles and trailers less than 6 feet m height are exempt from the IllmtatlOn of two recreatIOnal vehicles, proVided they are located m a SIde or rear yard and are screened by a 6-foot high sol1d fence, vegetatIOn, or structure and are not visible from the publ1c nght-of-way ., -'- Reueatlollcll hlneles Pdrk.ed III the frullt and Side yards need not meet allY sc:tbach. reqUIrements other than the eXlstmg reqUIrement for a 6-foot setback from the front ATTACHMENT 2 property line. RecreatIOnal vehicles parked m a back yard must meet the side and rear setback requirements for an accessory structure 3 Any vehicle or traIler owner may request a vanance to the two recreational vehicle/trader limltatlOn, the hmltatlOn of one vehicle being parked In the front yard, and reqUIred setbacks In the rear yard only The process referred to used IS the mmor vanance process, whether or not the request exceeds the 10% Im11tatlOn or not. 4 The regulations apply to renters so long as the vehIcle stored on the property IS owned by the renter 5 There are no provlslons to grandfather any eXlstmg situatIOns Staff Comments Grandfathenng eXlstmg situations 1I1 the commumty would be a tlme-consummg and labor- mtenslVe endeavor ThiS would entaIl mventorymg every reSidential parcel m the CIty for recreatIOnal vehicles and traders. Probably several SituatIOns would change dunng the course of conductmg the lI1ventory, rendenng the mventory maccurate There Simply Isn't the time or personnel to commIt to thIS task. The process for requestmg more than two vehicles, or more than one m the front yard, or lesser setbacks m the rear yard IS the mmor vanance process, ThiS starts as an admlmstratlve process where adjacent property owners are notified, Ifthere are no obJectIOns, the request(s) can be approved admmlstratlvely If there are obJectIOns, the request goes before the Board of Adjustment for a heanng. - In addressmg the visual Impact Issue, there are several options to conSIder Do not allow parking of recreational vehicles beyond the front wall of the structure. ThiS would reqUlre the parkmg of all recreatIOnal vehicles m Side or rear yards. ThIS may not be possible on smaller lots m the City Numerous permits have been Issued for the purpose of constructmg parkmg pads for vehicle storage m front yards, 2 Require any recreational vehicles parked in the front yard to be screened. MaXimum height for fences m the front yard IS four feet. ThiS makes fencmg mlmmally effectIve m screenmg, VegetatIOn must be fairly dense and compact to prOVide effective screemng, and thiS may occur only after many growmg seasons. DeCiduous vegetatIOn does not proVIde effective screemng In the wmter Is It really possible to hide a motor home parked m a front yard? 3 Restrict the number of vehicles allowed to be parked in the front yard. Smce two non- exempt vehIcles are allowed to be stored outSide, the only restnctlOn aVallable IS to allowed one vehIcle to be parked m the front yard. ThIS appears to be the only realistic option to deal With the Impact. ThiS restnctlOn \\ould apply to all recreatIOnal vehicles 4 Crellte cllIssificlItiollS of\'ehicles alii! prohibit the parkillg of "ol'eni;.e" I'ehicle, ill thl' front yard. The dIfficulty WIth thiS optIOn IS definmg "overslze" How big IS too big') Should the measure of "oversIze" be height length, or weight') Such provisions might tend to complicate the regulations for enforcement officers and citizens and could slow down enforcement by requmng tune to measure a vehIcle or to research Its weight. 5 Increase the required setback from the front property line. The current L quirement IS SIX feet. An Increased setback would push vehIcles farther back mto the lot. Although the front setback m each reSidentIal zone dlstnct IS 30 feet, many homes have been built WIth a lesser setback, The thirty-foot setback allows for the parkmg of a 24-foot motor home on a dnvewa) while meetlllg the six-foot setback, These two factors combllle to make It difficult to park a vehIcle over 24 feet long entirely In the front yard anyway An lllcreased setback mIght be difficult to Implement m areas of the Cay WIth narrow Side yards and where permits have been prevlOusly Issued for parking pads accommodating the SIx-foot setback, The draft ordinance contams a provlslOn Implementing optlOn #3, allowmg only one recreatlOnal vehicle or traller to be stored In the front yard. Short ofbanmng all recreatlOnal vehicles 111 the front yard, thiS hmltatlOn IS the easIest to Interpret and enforce, It would reduce the potentIal number of vehicles parked m front yards, thereby potentially redUCIng the Visual Impact. Exhibits - 1 Memo to City Manager dated 11107103 2, Minutes of Council study seSSlOn of 11/17/03 3 Proposed Ordmance 4 FIgures shOWIng allowed parkIng areas Interior Lot Area of exempt RV's if screened, non- exempt must meet setbacks - Corner Lot RV Parking in Residential Areas Area of 1 RV. 6' setback from the property line .. - ~ Areas of non-exempt RV's, and exempt RV's if screened Area of exempt RV's if screened; non- exempt must meet setbacks Area of non-exempt RV's, and exempt RV's if screened r 1 ~ ~ Area of 1 RV, 6' setback from the property line Street ATTACHMENT 3 ill ~ (j) ill Q) .b (J) INTRODUCED BY COUNCIL MEMBER Council Bill No. 01-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING SECTION 26-621 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PARKING IN RESIDENTIAL AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. SectlOn 26-621 of the Wheat RIdge Code of Laws IS hereby amended as follows Sec 26-621 ReSIdentIal parkIng, A. In reSIdential zone dlstncts, the parkmg of trucks, vans, buses or licensed trailers whIch are used for commerc13l purposes, whether the commerCIal enterpnse IS conducted from the home or conducted elsewhere, IS prohibIted except as permItted by thIs sectIOn, An occupant of a dwellIng may park, or allow the parkmg of, no more than one \ 1) truck or van whIch IS used for commerc131 purposes upon the premIses or confined to the street frontage of the lot 1\1 questlOn, proVIded, however, that such vehIcle does not exceed a one-ton chassIs, Parkmg of traIlers whIch are used for commercIal purposes IS prohibIted on any publIc nght-of-way - B In reSIdentIal zone dlstncts, a maxImum of two (2) of any the followmg vehIcles may be parked outsIde upon property owned or rented by the vehIcle owner, proVided the vehIcle owner reSIdes on the property' . RecreatlOnal VehIcle . Trmler upon whIch are stored personal recreatIOnal vehIcles Recreational vehicles or trailers are exempt from this two-vehicle limitation provided the vehicles or trailers are stored in the area between the side property line and the side wall of the structure and the back property line and the back wall of the structure, provided both of the following are met: . The vehicles or trailers are less than six (6) feet in height, and . The vehicles or trailers are not visible from the public right-of-way as a result of being stored behind a solid fence six (6) feet in height, a structure, or vegetation which completely screens the vehicle from view from the public right-of-way. C. Only one (1) such recreational vehicle or trailer may be stored in the area hetween the street and all walls of the structure facing the street. Such vehicles ATTACHMENT 4 C IProJects'zoning amendments'Residential Parkmglres parking 3rd version,rtf or traders must be parked SIX (6) feet or more illSlde the front property lIne. For corner lots, the one (1) vehicle restriction shall apply to both areas between the street and the walls of the structure facing the street. Such vehIcles "'>'Ill be similarly pemlltted upon reSidentIal rental propertlCs where the owner of the vehIcle reSIdes upon the premIses, and In the case of multIfamily reSidentIal properties, where such vehIcle or vehIcles do not displace parkIng spaces reqUIred to meet the mInImum vehIcular parkmg standard for the property as set forth herem for multIfamIly reSIdentIal land uses, Where It IS dIfficult to determIne the publIc nght-of-way boundary due to lack of curb, gutter and/or SIdewalk, or survey markers, such boundanes shall be presumed to be ten (10) feet from the edge of pavement or back of curb Where a slde\valk eXIsts, such boundanes shall be presumed to be t\\O (2) feet from the outsIde edge of SIdewalk. For the purposes of thIS subsection C B, permanent or temporary carports, frame covered structures, tents, or other temporary structures shall not be used to store or conceal such recreatIOnal vehicles or trailers In excess of the maximum number penmtted, D. Recreational vehicles or trailers stored in a side yard need not meet any setback requirements. Recreational vehicles or trailers exceeding six (6) feet in height stored in a back yard must meet the side and rear yard setback requirements for accessory structures for the zone district in which the recreational vehicle or trailer is stored. G E. In reSIdentIal zone dlstncts, detached traders and recreational vehIcles are prohibIted from parkIng In publIc nghts-of-way; however one (I) recreatIOnal vehIcle or one (1) trailer may be parked wIthIn publIc street nghts-of-way for a penod up to seventy- two (72) hours, prOVIded they are attached to the towmg vehIcle Movmg the towmg vehIcle and/or the trader to another locatIOn m the nght-of-way does not extend or re- start the 72 hour penod. g F. In reSIdential zone dlstncts, where It is deSIred to mamtam such a restncted vehIcle eIther wlthm SIX (6) feet of a publIc street on pnvate property or wlthm a lawful parkmg area on a publIc street abuttmg the front of the property m excess of seventy- two (72) hours, the property owner may obtall1 a temporary parkmg permIt from the planmng and development department. Such temporary parkmg permIt shall be for a time penod not to exceed fourteen (14) days and no more than one (1) such permIt shall be Issued each SIX (6) months for the same vehicle. The Issuance of a temporary permIt ]S for the purpose of parkll1g only and not for any other actIvity The permIt must be placed upon the mSlde wmdshleld or SIde wmdow on the dnver's SIde so as to be visible for mspectlOn. KG. PIckup truck-mounted campers, when mounted upon pickup trucks, are not subject to these parkmg restnctlOns except that such camper shall not be used for permanent or temporary IIvmg quarters. Nothmg 111 thIS section wdl be construed to restnct or lImIt parkmg of any vehIcle so descnbed upon pnvate property so long as SaId vehicle IS parked m accordance with the 11lmtatlOns of thiS section and proVIded that sight distance tnangle reqUIrements of sectIon 26-603 are met. C \ProJects\zonmg amendmentsIResidential Parking\res parking 3rd version,rtf F H. Areas which are used to store or park allowed recreatIOnal vehicles or trailers shall be of an Improved surface consisting of concrete, asphalt, bnck pavers, gravel at least SIX (6) Inches 111 depth, or similar matenals. If gray ells used, the parking or storage area must be bUilt to that the matenal used for surfacing stays contained with the storage or parking area with the use of concrete curbs, railroad tles, landscape limbers, or similar matenals, I. The storage of recreational vehicles or trailers is permitted upon multi-family residential properties where the owner of the vehicle resides upon the premises, and where such vehicle or vehicles do not displace parking spaces required to meet the minimum vehicular parking requirement for the property as set forth herein for multifamily residential land uses. J. Any vehicle or trailer owner may apply for a variance to the restrictions contained in paragraphs B, C, and D in accordance with the procedures for requesting a minor variance as provided in Section 26-115 C 1 of this code, whether or not the requested variance is within the ten (10) percent limitation. Should objections be received from the adjacent property owners, the Community Development Director shall schedule the request for a public hearing before the Board of Adjustment according to the noticing procedures contained in Section 26-109 B, C and D. - Section 2. Safety Clause, The City Council hereby finds, detennmes, and declares that thiS ordmance IS promulgated under the general pohce power of the City of Wheat Ridge, that It IS promulgated for the health, safety, and welfare of the pubhc and that thiS ordmance IS necessary for the preservatIOn of health and safety and for the protectIOn of pubhc convemence and welfare The CIty Council furthcr detennmes that the ordmance bears a ratIOnal relatIOn to the proper legIslatIve object sought to be attamed. Section 3. Severability. If any clause, sentence, paragraph, or part of thIS Zonmg Code or the apphcatlOn thereof to any person or Circumstances shall for any reason be adjusted by a court of competent JurisdictIOn Invahd, such Judgment shall not affect apphcatlon to other persons or Circumstances, Section 4. Supersession Clause. If any provISIOn, reqUirement or standard estabhshed by thiS Ordmance IS found to conflict wIth similar provISIOns, reqUirements or standards found else", here In the Code of Laws of the City of Wheat RIdge, which are m eXistence as of the date of adoptIOn of thiS Ordinance, the provISIOns, reqUirements and standards herem shall supersede and prevail Section 6, ThiS onilnance shall take effect 15 days after final pubhcatlon, INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on C 'Projects'zonmg amendments"Residential Parking\res parking 3rd version,rtf thls _ day of , 2004, ordered publIshed In full In a newspaper of general CIrculatIon m the CIty of Wheat RIdge and Pubhc Heanng and consIderatIOn on final passage set for ,2004. at 7'00 o'clock p.m., In the CouncIl Chambers. 7500 West 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of _ to _, thIS _ day of , 2004 SIGNED by the Mayor on thIS _ day of ,2004 GRETCHEN CERVENY, MAYOR ATTEST Pamela Anderson, CIty Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st PublIcatIOn, 2nd PubhcatIOn Wheat RIdge Transcnpt EffectIve Date' C 'Yrojeclszonmg amcndmenlS\Residential Parking.res parking 3rd version,rtf ITEM NO: 4- REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: DISPOSITION OF UNCLAIMED PROPERTY o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS r8J ORDINANCES FOR I ST READING (Date: March 8, 2004) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes r8J No dty~CU~ City Attorney - EXECUTIVE SUMMARY: Currently, the Wheat Ridge Code of Laws (Art IV Chapter 19) provides for the disposition of unclaimed property by the police department. State statute requires local governments to release all other unclaimed property to the state. As a home rule city, Wheat Ridge has the authority to supersede this statute and retain such property. Council Bill 04-2004 would amend the Code of Laws to permIt city departments to dispose of unclaimed property and deposit the proceeds into the general fund. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: State statutes require local governments to release unclaimed property or cash to the state. As a home rule city, Wheat Ridge has authority to supercede this statute and retain such property. While the Code of Laws does so for property held by the police department, (Art IV Chapter 19); that article does not extend to other City departments. AL TERNA TIVES CONSIDERED: Do not adopt the ordinance; give unclaimed property to the state. FINANCIAL IMPACT: The general fund will be increased by the value of the unclaimed property disposed of each year. RECOMMENDED MOTION: "I move to approve Council Bill 04-2004 , on first reading, order it published, pubic hearing set for Monday, March 22,2004 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication." or, "1 move to deny Council Bill 04-2004 for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 376-5019 Attachments: 1. Ordinance providing for disposition of unclaimed property. (Council Bill 04-2004) GIilJ\53027\466877 I CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 04 Ordinance No. Series of 2004 TITLE: AN ORDINANCE PROVIDING FOR DISPOSITION OF UNCLAIMED PROPERTY WHEREAS, Colorado Revised Statutes section 38-13-104 requires state custody of all unclaimed property unless otherwise provided by statute or local law; and WHEREAS, the City of Wheat Ridge has all power and authority to legislate and act upon matters of local concern as a home rule municipality pursuant to Article XX of the Colorado Constitution; and WHEREAS, the City Council has previously adopted Article IV of Chapter 19 of the Wheat Ridge Code of Laws, providing for disposition of unclaimed property by the police department; and - WHEREAS, the Council wishes to provide for disposition of unclaimed property by other City departments. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article IV, Chapter 19 of the Wheat Ridge Code of Laws IS amended by the addition of a new section 19-92, to read: Sec. 19-92. general procedure. Disposition of abandoned personal property: Personal property held by any department of the City other than the police department may be disposed of in the following manner: Tangible and intangible personal property shall be deemed abandoned if unclaimed 30 days after written notice is mailed by first class mail to the last known address of the owner. If intangible, the property shall then be converted to cash and deposited in the general fund. If tangible, such property may then be disposed of or sold in the same manner set forth in code sections 19-80(2); 19-82; 19-83; 19-84; and 19-85, and the proceeds deposited in the general fund. GED\53027\466763 1 ATTACHMENT 1 Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this 8th day of March, 2004, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2004, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. - READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2004. SIGNED by the Mayor on this day of ,2004. Gretchen Cerveny, Mayor ATTEST: Wanda Sang, City Clerk Approved As To Form Gerald E. Dahl, City Attorney GED\53027\466763 1 ITEM NO: 5" REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: ALLOCATION OF $40,000 FROM THE 2004 CAPITAL IMPROVEMENT PROGRAM BUDGET TO THE 38th AVENUE BUSINESS DISTRICT o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 ~ !1~Ni"~' [gJ No ~ (:-, 0-.J~ City Man er \~ EXECUTIVE SUMMARY: - The 3 8th Avenue Business District Board of Directors was appointed at the August 12, 2002 City Council meeting. At that same meeting, the allocation of $93,500 from the Capital Improvement Program (CIP) unallocated fund balance to the 38th Avenue Business District was approved. 2003 funding in the amount of $40,000 was allocated from the CIP budget on April 28, 2003. The CIP budget approved during the 2004 budget process allocates $40,000 from the CIP budget account 30- 610-700-721 to the 3 8th Avenue Business District. Funding will be used to continue the efforts of the Fal;ade Improvement and Sign, Lighting, and Awning Programs for the 38th Avenue Business District. The two Programs offer matching funds to improve the appearance of individual building facades, signs, awnings as well as the overall look of the district. Improvements must be made to areas visible from the public right-of-way. The goal of the program is to leverage private improvements while making revitalization efforts affordable, creative, and community-based. COMMISSIONIBOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: N/A FINANCIAL IMP ACT: The $40,000 was approved during the 2004 budget process in the CIP budget, account 30-610-700- 721. RECOMMENDED MOTION: "I move to allocate $40,000 from CIP account 30-610-700-721 to the 38th Avenue Business District. or, "I move to deny the allocation of $40,000 from CIP account 30-610-700-721 to the 38th Avenue Business District for the following reason( s) " Report Prepared by: Patrick Goff, Administrative Services Director Attachments: cc: Tm Paranto, Public Works Director 38th Avenue Business District 040308 council action 38th ave bus district ITEM NO: (p REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. March 8, 2004 TITLE: BOARD AND COMMISSION APPOINTMENTS o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: o ORDINANCES FOR 2ND READING ) C2llasi-Jlldicial: o Yes [gJ No ~~ /~ '-.1 Gu (', ~ City Mana r '( EXECUTIVE SUMMARY: - The Board and Commission vacancies were advertised in the Wheat Ridge Transcript, Channel 8, The Wheat Ridge Connection and the City's Website. Current members were contacted by mail and asked if they wanted to serve another term. Applications were received and compiled by the Clerk's Office and applicants introduced themselves to CouncIl on February 17,2004. COMMISSIONIBOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: None. AL TERNA TIVES CONSIDERED: None. FINANCIAL IMP ACT: None. RECOMMENDED MOTION: "I move to appoint.... to the. . Board/Commission: term to expire March 2,..... .(see attachment 1) Report Prepared by: Janice Smothers (303) 235-2815 Reviewed by: Pam Anderson, CIty Clerk (303) 235-2823 Attachments: 1. Detailed appointments by position and district. cc: Request for City Council Action-report form BOARD AND COMMISSION APPOINTMENT BY DISTRICT DISTRICT I I move to appoint: to the Animal Welfare and Control Commission, term ending 3/2/07. to the Animal Welfare and Control Commission, term ending 3/2/06. to the Arborist Board, term ending 3/2/07 to the Board of Adjustment, term ending 3/2/07 to the Building Code Advisory Board, term ending 3/2/07 to the Parks and Recreation Commission, term ending 3/2/07. to the Planning Commission, term ending 3/2/07. - to the Liquor Authority, term ending 3/2/07. DISTRICT II I move to appoint: to the Animal Welfare and Control Commission, term ending 3/2/07 to the Arborist Board, term ending 3/2/07 to the Board of Adjustment, term ending 3/2/07. to the Building Code Advisory Board, term ending 3/2/07 to the Planning Commission, term ending 3/2/07. to the Liquor Authority, term ending 3/2/07. ATTACHMENT 1 DISTRICT III I move to appoint: to the Arborist Board, term ending 3/2/07 to the Board of Adjustment, term ending 3/2/06. to the Building Code Advisory Board, term ending 3/2/07 to the Building Code Advisory Board, term ending 3/2/06. to the Planning Commission, term ending 3/2/06. to the Planning Commission, term ending 3/2/07. to the Liquor Authority, term ending 3/2/07 DISTRICT I V I move to appoint: to the Animal Welfare and Control Commission, term ending 3/2/07 to the Building Code Advisory Board, term ending 3/2/05 to the Planning Commission, term ending 3/2/06 to the Liquor Authority, term ending 3/2/07. ITEM NO: 1- REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: EVALUATION AND REAPPOINTMENT OF MUNICIPAL JUDGES o PUBLIC HEARING [8] BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: March 8. 2004) o ORDINANCES FOR 2ND READING (luasi-Judicial: o Yes [8] No City~ City Attorney - EXECUTIVE SUMMARY: Municipal judges are up for reappointment. The cmrent municipal judges for the City are Christopher Randall, presiding judge, Charles Rose, associate judge, and Terry Tomsick, associate judge. All three judges were appointed in 2002, and their terms expire this month. At the April 28, 2003 City Council meeting, the City Council directed that any evaluation of the municipal judges be deferred until after the November 2003 election. City Attorney Gerald Dahl and Judge Randall have discussed options for evaluation of municipal judges and have made recommendations for the review process. Council is asked to approve a process to evaluate their performance. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Because Council does not interact with the municipal judges, it is difficult to evaluate them. The suggested procedure is to use evaluation forms from court personnel, police officers, defendants, attorneys, and jurors. AL TERNA TlVES CONSIDERED: Hire an independent evaluator to review the judges and report to Council. FINANCIAL IMPACT: N/A. RECOMMENDED MOTION: "I move to approve the internal evaluation procedure for the municipal judges described in the City Attorney's February 23, 2004 memorandum." or, "I move to deny the internal evaluation procedure for the municipal judges described in the City Attorney's February 23, 2004 memorandum for the following reason(s) " or, "I move to amend the internal evaluation procedure for the municipal judges described in the City Attorney's February 23, 2004 memorandum to read " Report Prepared by: Gerald Dahl, City Attorney (303) 376-5019 Attachments: 1. Memorandum from the City Attorney. - GED\53027\46714Ll II GORSUCH KIRGIS LLP A nORNEYS AT LAW FROM: Mayor and Council Gerald Dahl, City Attorney Clfi) TO: DATE: February 23, 2004 RE: Municipal Judge Evaluation and Appointment Process Charter Section 8.2 provides that the Council appoints a presiding municipal judge and such associate judges as the Council shall determine. Section 8.3 limits the term of appointment to two years Presently, the City has three municipal judges: Christopher Randall, presiding judge Charles Rose, associate judge Terry T omsick, associate judge - All three judges were appointed in 2002 Their terms expire this month. At its regular meeting on April 28, 2003, the City Council directed that any evaluation of the municipal judges be deferred until after the November 2003 election. It is now time to consider whether to evaluate the municipal judges and make new two-year appointments. Kersten Armstrong, Court Administrator, has provided the following information on current caseload and judicial scheduling: In previous years, the presiding judge and the associate judge, both initially appointed in 1987, would submit a letter to City Council requesting re-appointment every two years City Council members would consider and vote on this request. Upon the resignation of Judge Davis in November 2001, a selection process for municipal judicial services was then established and initiated by City Council. In January of 2002, City Council appointed Christopher Randall as Presiding Judge, re-appointed Charles Rose as Associate Judge and added Terry Tomsick as a second Associate Judge. One of the three current judges is present for court every Monday and Wednesday (excluding holidays) and one Thursday per month Jury trials are scheduled on two additional days per month The current court schedule allows for a total of 1056 hours annually. Prior to 2002, the court sessions were split approximately 50/50 between the two GED\53027\465983, t ATTACHMENT 1 appointed judges. Upon the appointment of three judges, the court sessions have been divided three ways between the judges. This results in each of three judges scheduled for court approximately 352 hours per year or 3.5 days per month on average. The municipal court caseload reflected a 5% increase from 7,656 case filings in 2002 to 8,052 case filings in 2003. The court activity totaled 5,645 matters (arraignments, pretrials, trials to court, trials to jury, and various' hearings) scheduled before the municipal court in 2003 Evaluation I have met with Chief Judge Randall to discuss what options exist for evaluating the municipal judges. While the Council hires the judges, it does not interact with or observe them on even an irregular basis. Because of this, having Council fill out evaluation forms would have no benefit. Judge Randall and I recommend the following: . Some cities have asked the prosecutors, jurors, defendants, attorneys, police officers, and court staff to turn in evaluations. We have good examples of this approach from other cities. The results will be compiled by my office into a report for Council's review · The judges will be given the opportunity to make a written response, and the Council will have the report and the judges' responses as information prior to reappointment. · After having had the opportunity to review the results of the evaluation, the Council can decide whether to meet with the judges, or simply proceed with reappointment for the next two years. cc: Judge Randall Judge Rose Judge Tomsick GED'53U27\465983 I ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 8, 2004 TITLE: AMENDMENT TO COUNCIL RULES: ELECTION OF MAYOR PRO TEM AND COUNCIL PRESIDENT D PUBLIC HEARING r:gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date' March 8, 2004) D ORDINANCES FOR 2ND READING QuasI-Judicial. D C8J . /~) Yes No , , I flJ /. ,1/"",.. ,......, 1 / // "'/ , 0/1?~1/(;J~ . Ci~rney ~~U~~ CIty Mana r '\ - EXECUTIVE SUMMARY: Amendment to CouncIl rules to permit paper ballot nommatIOn of candIdates for Mayor Pro Tern and Council President, WIth electIon by motIon. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The CouncIl rules of order and procedure proVIde for electon of the Council President and Mayor pro tern by secret ballot. In order to comply WIth Charter SectIon 5.9 (votmg), It IS necessary to amend the rules to reqUIre that the actIon to elect these officers be by motIOn, with each councilmember's vote thereon pubhcally recorded. The proposed amendment provides for nommatIOn of candIdates for these pOSItIons by paper ballot. ALTERNATIVES CONSIDERED: Eliminate the nominatIOn process entirely. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to amend the Council rules pertaimng to election of Mayor Pro Tern and Council PreSIdent as dIstributed on February 23, 2004 Report Prepared by' Gerald Dahl, City Attorney (303) 376-5019 GED\53027\467016.1 RevIewed by: Attachments: 1. Proposed Council rule amendment dIstributed on February 23,2004 GED\53027\4670161 Amendment to Council Rules Election of Mayor Pro Tern and Council President Amend Rule B, entitled Mayor Pro Tern to read. 1. At the first or second busmess meetmg m November of each year, the CouncIl shall NOMINATE, BY PAPER BALLOT, AND elect, by MOTION UPON a maJonty vote, a CouncIl PresIdent and a Mayor Pro Tern, who shall each serve untIl theIr successor IS elected. COc1Heil President and Mayor Pro Tern wIll be elected by seoret ballot. ATTACHMENT 1 I MOVE TO GO INTO EXECUTIVE SESSION: For ,"h~ e:',yc/ rJtTc"r.-<-:>r-v under Charter Section 5.7 (b) (~)and Section 24-6-402(4)( \" ), C.R.S., specifically At>//fG.GC ,r:!- ~rrrc;;,A-T7CA---' ",['1--4 tRrf.-/(1-6, iJ,',.uJ.rr<=<"C- '7-,L- C'6- f'/.+-G __~i- ",d'- L-,d.<-<~ ~ 'b Ah,7,Cd; 'o.:.uJ...--'...~J.....:)/L/tJ,._ -r:tl--&- ~/pr~J-.) ;Z:t:!Cl~L./lCbC"~ Acr-- 4 f. (~'L.~ r ".~ l~~ ~- '"~ (.lc...y{ -r/-{ --' .-L- -FL/CC i~4C fV1<..-~Cl c:~ f7!Ui -r 'r?.J..::,~ t./C;>L)~t!-~/L M<-.~TI ~C-? 66>- A t;?-.:rD vfC~> <JFO~ ~ ,J:{'/",--" e It- c:>~./c',c; c;:r-c T7h;;:; ~l~~ "'Tn..'f<. CJ~ S~/L~A-/, GED\53027\389590 02