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Home My WebLink About08/09/2004 R~ A^-ckrsJ(\ 6:30 p.m. Pre-Meeting ~\~=11~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Auqust 9. 2004 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 26. 2004 PROCLAMATIONS AND CEREMONIES Proclamation for Wheat Ridge Fire Protection District CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the jtem is called to be heard PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNC:L BILL 14-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS (Case No ZOA-04-05) CITY COUNCIL AGENDA: August 12, 2004 Page -2- ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 17-2004 -AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2, 2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX. Item 3. COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES DECISIONS. RESOLUTIONS, AND MOTIONS Item 4. Cultural Commission Appointment. Item 5. Election Commission Appointment. Item 6. Weed Mitigation CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ------------- ~ ~..,-- - . " \~ \ 1"- ;2DO~ ~ /3 Ol-I }8" \ .- ~- - ~~ - - ('J . \/' ,J ./ \~~ /" ___ ~\-i~ V ". ~ . _ '\Zv.~s ~;.\zh :. .r' 1JJ\'~';"'(f . ~_.~ ~ ~ ."'- ~ ~ L ,~. ''3l /;Db ()/.J ~v ~w; "^- -to ~W\. P<.~~ ~~ ~ ~ ~ "" ~ ~ __ ?>t'10 (yo' ~ ~ ~ ~ ~ { lux ~. ~ \\~. '1l S-1o"Z'l ,9J1l \i)I. 019 ~ ,?t~ 6..-3 S~~f~ ~ TVvtL~ v n arrv>-UJY, \ - 0\ ~ q>.P~ ~ ~ ~l (-\ V;~-O DffV) ~ ,,~!H ~J., \0 Ge \wf . ~~ 1- \ ...:\/ 0 V"\\t'l> Off ~. ~ 17~ ItG ~4<!.11"i' ~y . ..--- ~ +. ~ lVt~ , W ~~ Cy\ ~~1iIrru' - ~ ~ 0JYWl;t1i~ ~ ~ ~ lj~'V? tKh. , I J ~ aJ-vf of -r~' __ ~~ v- ~t-? .. ~d1t,\. 7J- tl~ ~ - ~.:~ :;:::. fsv~ . 2? ---0. ' ~~.~. . - t-v~s eldLu. ~ CITY OF WHEAT RIDGE, COLORADO July 26. 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 P m. Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, Acting City Manager, Patrick Goff; City Attorney, Gerald Dahl, staff; and interested citizens APPROVAL OF MINUTES OF July 12. 2004 Motion by Mr DiTullio for the approval of the Minutes of July 12, 2004, seconded by Mrs Sang; carried 8-0 PROCLAMATIONS AND CEREMONIES Proclamation honoring the Wheat Ridge Recreation Center Lifeguards. Mayor Cerveny presented a proclamation in special recognition for the City of Wheat Ridge Life Guard Games team members for winning first place in the 19th annual CPRA Lifeguard Games competition Team members present to accept the proclamation were Nick Conner, Joanie Abel, Jessica Berthoud, Emily Freeman, Joanna DuFour. CITIZENS' RIGHT TO SPEAK Jeff LaMontagne from the Jefferson Foundation Board of Directors, is the Executive Director of the Second Wind fund They provide money for counseling for suicidal High School students Their main fund raiser is on September 12 and he invited everyone to come out to the event. Scott Fletcher stated that the event is a non-competitive 1 mile, 3 mile, walk/run, taking off from Green Mountain Presbyterian Church at the corner of Alameda and Mississippi It will start about 12.00, registration starts at 10'00 CITY COUNCIL MINUTES. July 26, 2004 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENCATING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION, AND IN CONNECTION THEREWITH, REPLACING CODE SECTION 16-64 Council Bill 15-2004 was introduced on second reading by Mrs Sang Ms. Anderson assigned Ordinance No 1329 and read the executive summary Joyce Manwaring presented the staff report. Motion by Mrs. Sang to approve Council Bill 15-2004 (Ordinance No 1329) on second reading, and that it take effect 15 days after final publication She further moved to amend the title to read as follows COUNCIL BILL 15-2004 - AN ORDINANCE REPEALING AND REENACTING CHAPTER 17 OF THE CODE OF LAWS, CONCERNING PARKS AND RECREATION AND IN CONNECTION THEREWITH AMENDING CHAPTER 16- 64 I move to delete Section 17-28 in its entirety from the proposed new ordinance reenacting chapter 17. I further move to amend Chapter 16-64 by the addition of a new subsection to read as follows (H) It is unlawful to feed fox and coyote I further move to amend Chapter 16-64 by the deletion of the line "any species of amphibians" contained in subsection (C) 2 to read as follows Wild animal includes any animal native to the State, but does not include rattlesnakes, fish, Norway rats or common house mice Seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no. Mr Gokey finds these regulations too restrictive, you can't throw Frisbees, Horseshoes or lawn darts, unless in designated areas Item 2. Public Input on 2005 Budget. Item 2 was introduced by Mr DiTullio, who also read the executive summary Jack Shea, representing the Cambridge Park Homeowners Association, (President of the association) addressed the traffic problem from the entrance of Miller Street to 38th Avenue He would like that considered in the next budget, perhaps a traffic light or some other solution The completion of the pathway that currently runs through Cambridge Park and stops at their fence The path should be extended into the parkin~ area of the Rec Center They would also like that considered in 2005 Widening of 38t Avenue similar to 32nd Avenue with a lane that would provide left and right turn access sometime in the future CITY COUNCIL MINUTES July 26, 2004 Page -3- Betty Woods is in favor of a 1% Sales Tax increase. She is specially concerned about budget cuts in the Police Department, teen programs and Senior Center. These all affect our safety and quality of life She is sad that there is no forestry to take care of trees in this Tree City U SA She loves living in Wheat Ridge and apparently lots of others do to Let's take care of our City and citizens and vote for a Sales Tax increase tllD No formal action was taken. DECISIONS, RESOLUTIONS AND MOTIONS Item 3. Appointment to Urban Renewal Authority Mr Stites introduced Item 3 and read the executive summary Motion by Mr Stites to appoint Peter Ziemke to the Urban Renewal Authority; term to expire November 2008, seconded by Mrs Rotola; carried 8-0 CITY MANAGER'S MATTERS Patrick Goff announced that City Council scheduled a Town Hall meeting for August 16 at 7 00 P m It will be held at the Wheat Ridge Recreation Center at 4005 Kipling Street. The Agenda will include a presentation of the citizens' survey results, the Blue Ribbon Panel recommendations, an update on the City Council's strategic plan, and a discussion on a proposed sales and use tax referendum. ELECTED OFFICIALS' MATTERS Motion by Mrs Adams to direct staff to begin drafting ballot language for the 2004 General Election regarding sales and use tax with the following consideration The Blue Ribbon Panel recommendations, recommendation for percent increase, a specific target area for which the revenues will be utilized and to bring this back to City Council for consideration at an upcoming Council meeting, seconded by Mrs Sang, carried 8-0 CITY COUNCIL MINUTES July 26, 2004 Page -4- 2nd Annual Wheat Ridge Business Awards Mayor Cerveny and Councilmembers presented. Small Business of the Year Award - Sam's Bar and Grill, owners Kirk and Becky Steinmark. Business of the Year Award - Exempla Lutheran Medical Center. Visionary Award - Foothills Academy Reinvestment Award - Copperfields Events Chateau City Council's Partnership Award - Ketelson Campers of Colorado Meeting adjourned at 7 50 P m Meeting adjourned at 7 50 p.m. APPROVED BY CITY COUNCIL ON AUGUST 9, 2004 BY A VOTE OF to Wanda Sang, Council President The preceding Minutes were prepared according to 947 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 -- WHEAT RIDGE FIRE PROTECTION DISTRICT PO Box 507.3880 UPHAM STREET. WHEAT RIDGE, COLORADO 80034-0507 303-403-5900 . FAX 303-940-0350 . WWW.WRFIRE.ORG July 29, 2004 Mayor Gretchen Cerveny CIty of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Dear Madam Mayor, Thank you for the invitation for the Wheat Ridge Fire Department Competition Team to come before the City Council and receive special recognition for bringing to Wheat Ridge its first, First Place Finish at the 87th Annual Colorado State Firefighters Convention and College. It is an honor for this group to be recognized by the City Council in this manner. The members of the team would like to come to the August 9, 2004 City Council meeting as we have previously discussed. Also I will include the correct spelling of the names of the Competition Teams members. Team Leader: John McAdam Josh Bobb Mike Glavan Ron Scott Jimmy Wasinger Tim Zieschang Thank you again for this opportunity to come before the City Council and be recognized. Sincerely, J=yn?' ?~ Fire Chief Wheat Ridge F.P.D. ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 12,2004 TITLE: COUNCIL BILL NO. 14-2004: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPING REGULATIONS (CASE NO. ZOA-04-0S) ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date. July 12,2004) ~ ORDINANCES FOR 2ND READING Quasi-JudiCIal' D Yes ~ No ~aiL City~~~~ Community Development Director EXECUTIVE SUMMARY: SectiOn 502 of Chapter 26 pertams to the City's regulations for landscapmg on private property Staff is recommending changes to the existing legislation to recognize the existing drought conditions and encourage landscape practices, which are more consistent with the climate of the region. The existing language was adopted when Chapter 26 was repealed and reenacted in February 2001 Many of the proposed changes are to the eXisting language for correction and clanfication. The significant changes include the following: . Increases the maximum amount of non-Iivmg landscaping from 20% to 35%. . Requires all new landscaping installed to be served by an automatic irrigatiOn system zoned according to plant watering needs. . Requires new fountains and water features to use recirculated water . Prohibits artificial turf and plant matcnals. . LImits the amount of turf allowed for new single and two-family residences to 50% . Increases the amount of required shrubs from five to ten per 1000 square feet of required landscaping for multi-family and non-residential developments. . LImIts the amount of turf allowed for new multi-family projects to 60% and for new non- residential projects to 30% . Encourages the use of xenc/waterwise plants in all landscape plans. . ReqUires the adjacent property owner to maintain landscaping in the right-of-way Planning Commission reviewed this request at a study session held on May 20, 2004 and a public hearing on June 17,2004 where a recommendation of approval was given with one condition. BOARD/COMMISSION RECOMMENDATION: Planning Commission reviewed this request at a study session held on May 20, 2004 where the following suggestions were made. . Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently bemg tested in the Denver area. . Allow up to 33% of required landscaping to be of nonhving materials and prepare a list of prohibited water intensi ve vegetatIOn and suggested water efficient landscaping. Make major adjustments in reqUirements for hIgh performing irrigation systems. . Multi-family developments need more grassy areas than single-family housing. . The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Planning Commission reviewed the proposed amendments again at a public hearing held on June 17, 2004 where a recommendation of approval WIth one conditIOn was made for the followmg reasons' 1 The changes respond to the current drought, which have become increasingly more cri tical. 2. The changes require and encourage landscaping practices that are more consistent with the climate of the region. 3 The changes will still result in quahty landscaping development for projects. With the following conditIOn. Multi-family and commercial properties wIll require ten shrubs, rather than five, per every thousand square feet of required landscaped area. 2 STATEMENT OF THE ISSUES: Several of Planning Commission's suggestions and their condition of approval have been incorporated into the ordinance SuggestIons which were not included in the ordInance were. . Prohibited/ recommended plant lists: There are numerous resources available regardIng plant varieties and their water demands. Included in these resources is the City's Streetscape and Architectural Design Manual adopted as an addendum to the zoning and development code. The manual Identifies different varieties of trees, shrubs, and ground covers and specifies appropriate planting areas and water usage for each. The streetscape manual is available for inspectIOn and purchase in the Community Development Department. It has also been included as a link on the city's webslte. . Requirements for high performing irrigation systems: There are "help" guides available from the Colorado State Umversity Cooperative Extension that address irrigation design and xeric landscape design. Other organizations that have resources available for consultation mclude the Office of Smart Growth (Model Water-Efficient Best Practices Manual) and Green Industnes of Colorado (Best Management Practices for the Conservation and Protection of Water Resources in Colorado). . Differentiation between low and high water turf varieties and permitted coverages: Staff has consulted 12 different mUnicipalities and other industry sources for this information. We have been unable to find any differentiation between low and high water demand turfs and corresponding lot coverage allowances. For this reason, we felt we had no basis to make an uneducated guess about what is appropriate AL TERNA TIVES CONSIDERED: Do not approve legislation. FINANCIAL IMPACT: There should be no financial impact to the City of Wheat Ridge if the legislation is approved. RECOMMENDED MOTION: "I move to approve Council Bill. No 14-2004, Case No ZOA-04-05, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws pertaming to landscape regulations, on second reading, and that It take effect 15 days after final publication." Or, "I move to table indefinitely Council Bill No. 14-2004, Case No ZOA-04-05, an ordInance amending Chapter 26 of the Wheat Ridge Code of Laws pertaining to landscape regulations, on second reading, with the following findings: 3 1. 2." Report Prepared by' Meredith Reckert, 303-235-2848 Reviewed by' Alan White Attachments. 1 June 17, 2004, Planning CommissIOn report 2. CouncIl Bill No 14-2004 zoa0405CouncilAct I streading 4 City of Wheat Ridge Community Development Department Memorandum TO: Planning Commission FROM: Meredith Reckert SUBJECT: Case No. ZOA-04-05/Landscaping Regulations DATE: June 8, 2004 This Case is. _ Quasi-judicial X Legislative Proper notice was given for this public hearing. Background Attached is an ordinance amending Section 26-502 of the Zoning and Development code relating to landscaping on private property. On May 20, 2004, staff discussed proposed changes with Planning Commission at study session. The following suggestions were made: . Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. . Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. . Multi-family developments need more grassy areas than single-family housing. . The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff was dlfected to prepare recommended changes in ordinance form for Planning Commission public hearing. Changes proposed for the Commission's consideration are shown in bold. Deletions are shown in strikethrough. Planning Commission's suggestions, which were incorporated into the ordinance, are deSignated in ho/ded italics. ATTACHMENT 1 Summary of Ordinance Changes The legislatIOn proposes the followmg major modificatIons to the eXisting regulatIOns: · Section 26-502.C.1. (page 2): Increases the maximum amount of non-living landscapmg from 20% to 33%. Thisfigure was reduced from 50% to 33% as suggested by Planning Commission. · Section 26-502.C.5. (page 3): ReqUires all new landscapmg mstalled to be served by an automatic imgatIon system which allows for a combmatlOn of dnp, subsurface imgatlOn and high efficiency spnnklers zoned accordmg to plant watering needs. ReqUires an automatic ram shut-off device. · Section 26-502.C.7. (page 3): ReqUires new fountams and water features to use reCirculated water · Section 26-502.C.8. (page 3): Prohibits artificial turf and plant matenals. New technology will be monitored for improvements as suggested by Planning Commission. · Section 26-502.C.9. (page 3): ReqUires compliance with water distnct regulatIOns for watenng. · Section 26-502.C.l0. (page 3): Prohibits HOA's and restnctive covenants from prohibltmg xenc/waterwlse landscapmg. · Section 26-502.D.l.c. (page 4): Limits the amount of turf allowed for new smgle and two-family reSidences to 50%. Encourages the use oflow water demand turf varieties. · Section 26-502.D.2.e. (page 4): Limits the amount of turf allowed for new multi-family projects to 60%. Encourages the use oflow water demand turfvaneties. Planning Commission suggested this figure be increased from 30%. · Section 26-502.D.3.c.4. (page 5): Limits the amount of turf allowed for new commerCial projects to 30%. Encourages the use oflow water demand turfvanetIes. · Section 26-502.F.1. (page 6): Encourages the use ofxeric/waterwlse plants m all landscape plans. Added to meet Planning Commission's concerns regarding prohibited and required plant lists . Section 26-502.G.3. (page 7): ReqUires the adjacent property owner to maintain landscapmg m the right-of-way . Miscellaneous changes to language for correctIOn and c1anficatlOn. 2 . Removes all references to the city forester Staff Comments Staff has the followmg comments regardmg Planning Commission's suggestIOns which have not been mcorporated mto the ordmance. . Prohibited/ recommended plant lists: There are numerous resources available regardmg plant vanetIes and their water demands. Included m these resources IS the City's Streets cape and Architectural Design Manual adopted as an addendum to the zomng and development code. The manual identIfies different varietIes of trees, shrubs, and ground covers and specifies appropnate plantmg areas and water usage for each. The streetscape manual IS available for inspectIon and purchase m the Commumty Development Department. It has also been included as a Imk on the city's webslte. . Requirements for high performing irrigation systems: There are "help" guides aVailable from the Colorado State Umverslty Cooperative ExtensIOn that address lITIgatIOn design and xeric landscape design. Other organizations that have resources available for consultatIon mclude the Office of Smart Growth (Model Water-Efficient Best PractIces Manual) and Green Industnes of Colorado (Best Management Practices for the ConservatIOn and ProtectIon of Water Resources in Colorado). . Differentiation between low and high water turf varieties and permitted coverages: Staff has consulted 12 different municipalIties and other industry sources for thiS mformatlOn. We have been unable to find any differentiatIOn between low and high water demand turfs and correspondIng lot coverage allowances. For thiS reason, we felt we had no baSIS to make an uneducated guess about what is appropriate. Recommended Motion "I move that Case No. ZOA-04-05, a proposed amendment to Chapter 26 of the Zomng and Development Code regarding landscapIng regulatIOns, be forwarded to City Council With a recommendatIOn of APPROVAL for the follOWIng reasons The changes respond to the current drought which have become Increasingly more cntlcal. 2. The changes reqUire and encourage landscape practices that are more consistent With the clImate of the regIOn. 3 The changes will still result m quality landscaping development for projects." Exhibits 1 Ongmal memo to Plannmg CommiSSIOn dated 5/14/04 2 Mmutes ofPlannmg CommiSSIOn meetmg dated 5/20/04 3 Proposed Ordmance 3 City of Wheat Ridge Community Development Department Memorandum TO: FROM: SUBJECT: DATE: EJanmng ConuTIlssion ~Meredlth Reckert Case No. ZOA-04-0S/Landscape Regulations Modifications May 14,2004 The followmg are proposed amendments to the existmg landscape regulations m the zonmg and development code. DeletIOns are shown with strike throughs and new language IS m bold typeface All proposed modifications are shown with shadowing. Staff IS m the process of checking with other cItIes' landscape ordmances for companson purposes. A handout wIth our findmgs will be available at the study sessIOn. . Section 26-S02.B. (page 1): Modifies the reqUIrement for approval oflandscape plans from mstItutIonalland uses to public/semi-public land uses. Removes the reference to the cIty arbonst. . Section 26-S02.B.4.c. (page 2): Adds the reqUIrement to Identify materials to be used for non-hvmg landscaped areas. . Section 26-S02.C.1. (page 2): Increases the maxImum amount ofnon-lIvmg landscapmg from 20% to 50%. . Section 26-S02.C.3. (page 2): References landscaping "in" the nght-of-way, not "on" the right-of-way . Section 26-S02.C.4. (page 2): ModIfies reference from the UBC to the "adopted bUlldmg code" . Section 26-S02.C.S. (page 2): ReqUIres all new landscapmg mstalled to be served by dnp or subsurface migatlOn system whIch IS zoned based on plant type. ReqUIres an automatIc ram shut-off-devlce. Something to consider is whether we should require wind sensors too . Section 26-S02.C.7. (page 3): ReqUIres new fountams to use recIrculated water . Section 26-S02.C.8. (page 3): ProhibIts artificial turf and plant matenals. . Section 26-S02.C.9. (page 3): Requires compliance with water dlstnct regulatIons for watenng. EXHIBIT 1 . Section 26-502.C.lO. (page 3): Prohibits HONs and restrictive covenants from prohibltmg water wIse landscapmg. . Section 26-502.D.l.c. (page 3): LImits the amount of turf allowed for new smgle and two- family resIdences to 50%. . Section 26-502.D.2.e. (page 4): LImits the amount of turf allowed for new multi- famIly projects to 30% . Section 26-502.D.3.eA. (page 4): LimIts the amount of turf allowed for new commercIal projects to 30%. . Section 26-502.G.3. (page 6): ReqUIres the adjacent owner to mamtam landscapmg m the nght-of-way. . Section 26-502.H. (page 6): Removes reference to the cIty forester. . Section 26-502.1. (page 6): Removes reference to the cIty forester 2 <II "" m 8. ~ C to .- Q,l "oE <II",,,, ~:=:ro ~~a.. ~~ o (ij.S: In B(U~ Q.) ~'O' ~uo. 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E C 8 8.ui ., '" <Il N ::l ~ .2 Q; a. ::l l/l 1: 8 Q; 0.'0 0" I.C) .= ::l E C' ::l i!! .s ., )(.J:; ..- ::;;'0 <Il '" .. 0, ~'t: :u.a ., 0 a. - "'0 U ., '" ~ -g..Q "'iij .. E ::l E 'x .. E C ., U Q; o.:z '" <Il N ::l c: o 1: ~ o .J:; >- N Q) rn ro a.. .. E ::l E 'x .. E c ., U Q; o.:z '" '" N ::l 2 <Il c: ~ <Il ., ~ 7. STUDY SESSION A. Sil!ll Code: Staff has been working on amendments to the existing sign code over the past year. Meredith Reckert reviewed the amendments suggested by staff as outlined in the staff report. The sign code was reviewed by the Commissioners. There was a consensus to leave the standards as presented in the staff report with the following exceptions: . Canopy Signs - May use up to 50% of wall signage allowance on a canopy. . Changeable copy signs: Staff will check with traffic engineer regarding whether or not these types of signs are traffic hazards. . Banners - Allow half the size of a permanent sign for a limited time until a permanent sign is installed. The same time limit as for pennants would apply to banners. Staff will bring the sign code with suggestions made by the Commission back for a later study sessIOn. B. LandscaDin2: Proposed amendments to the existing landscape regulations in the zoning and development code as outlined in the staff report were reviewed by Meredith Reckert. Results of a comparison with other cities' landscape ordinances were also included in the staff report. SuggestIOns included: . Although artificial turf is not presently allowed, consideration should be given in the future to the new artificial turf presently being tested in the Denver area. . Allow up to 33% of required landscaping to be of nonliving materials and prepare a list of prohibited water intensive vegetation and suggested water efficient landscaping. Make major adjustments in requirements for high performing irrigation systems. . Multi-family developments need more grassy areas than single-family housing. . The types of turf (drought tolerant vs. high water use varieties) and the maximum amount of coverage should be differentiated. Staff will bring the landscaping regulations in ordinance format back to the Commission at a later meeting. 8. OLD BUSINESS There was no old business to come before the Commission. 9. NEW BUSINESS Alan White asked Commissioners to let him know as soon as possible if they want to attend the June 5th Planning Commissioners Workshop to be held at the Lakewood Cultural Center. Planning Commission May 20, 2004 Page 2 EXHIBIT 2 INTRODUCED BY COUNCIL MEMBER Council Bill No. ??-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LA WS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the CIty of Wheat RIdge has adopted leglslatlon pertaming to the regulatIOn of and reqUIrements for landscapmg on private property; WHEREAS, the CIty of Wheat RIdge recognIzes that the drought and the need for water conservatIOn m the regIon has become increasingly more cnhcal; WHEREAS, the CIty of Wheat RIdge would like to encourage landscape practIces that utIlIze xenc/waterwlse deSIgn princIples. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: - Section 1. SectIon 502 of Chapter 26 of the Wheat RIdge Code of Laws IS hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combmation of lIving plants, such as trees, shrubs, vmes, groundcover, flowers, sod or grass; and may mclude natural features, such as rock, stone and bark; and structural features, mcludmg, but not lImIted to, fountams, reflectmg pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscapmg; however, mamtamed natural grasses and natural flowers may be conSIdered as landscapmg. SIdewalks, whether paved or gravel, whIch serve as functIonallmks between parkmg areas and mam structures, or which serve as general public access routes around a mam structure, or between a main structure and a public street or alley, shall not be counted as landscapmg. Other SIdewalks or paths whIch serve as casual access to or through landscape areas may be counted a nonlivmg landscape features. B. Landscape plan. A landscape plan IS reqUIred to be submItted WIth the reqUIred bUlldmg permIt or development plan for all institu-tigl111l,p>>I>Uc!,sejni"pliblic, multI- famIly, commercial and industnal development, redevelopment, addItIon or change m use. The plan shall be approved by the dIrector of commumty development ill EXHIBIT 3 eonjl:lfletiofl with tho City arborist. The following mformatIon shall be included m the plan. 1 Date, north pomt and scale (scale not to exceed one (1) mch equalmg forty (40) feet with one (I) mch equalmg twenty (20) feet desirable), name and locatIon of the development; name(s) of owner(s), name, address and telephone number of person or firm prepanng the plan, name and telephone number of the contact person for the proJect. 2 Topographic contours and spot elevatIOns on final gradmg plan adequate to Identify and properly speCify landscaping for area needmg slope protection. 3 LocatIOn of property hnes with dimenSIOns, adjacent streets and nght-of-way, dramage features, buildmg and structures, parking, loading and vehicular CIrculatIOn areas, dnveways, underground and/or overhead utility hnes, and traffic sight distance tnangles. 4 Landscaped areas on the site mcludmg: a. LocatIOns, dimensions and square footage of all landscaped areas. ThiS shall mclude calculatIOns for total lot area, total landscaped area, area of hvmg vegetatIOn and area of non-hvmg matenal. b. The locatIOns, types, sizes and quantIties of proposed plant and other materials. Common and botamcal names shall be IdentIfied adjacent to all plant matenal or by use of a key and legend. c The location, size, materials and treatment ofnon-hvmg landseapQ!jlands~aped areas. d. The speCies, locatIon and size of any eXlstmg plant matenals to be preserved. e. The species, locatIOn and size of any eXlstmg plant matenals to be removed. 5 Location and type of the ImgatIon system prOVided. 6 A descnptlOn of eXlstmg trees which are proposed to be preserved dunng site preparatIOn and constructIOn. C Landscape area reqUIrements 1. Any combmatIon of two (2) or more ofthe following: grass, flowers, shrubbery, deCiduous and coniferous trees, which shall be mamtamed m an orderly manner The use ofnon-hvmg matenal such as bark, rock or ornamental objects shall not exceed nvonty (20) porcent t!tirty-three (33) percent of the required landscapmg area. In no eVcti.t shall nriances be approved which reduce liying materials to less than fifty (50)pOJ:'oont oftho totallandscapod area: Tho imom oflJormitting '/anances is to alIo,.... furwelhlesignod 2 xeriscape (low water US\)) planting des-ign. Coverage shall be determllled for the projected growth after two (2) full groWlllg seasons. 2. The growth of any plantlllgs or the erectIOn of any landscape structure or berm IS regulated by sectIOn 26-603B 3 Except for approved street trees, the landscapmg reqUIred t>>t in the nght-of-way between the property lme and the curblme shall not be permItted to obtam a height greater than thIrtY-SIX (36) mches above the level of the roadway. 4. Landscapmg shall be mstalled only on the property to be developed or for whIch a bUlldmg permIt IS applIed. For propertIes WIth eXlstmg development, landscapmg m addItIon to existmg landscapmg shall be reqUIred on a percentage baSIS determined either accordmg to square footage added, or substantIally altered, or value added to the premIses by proposed Improvements, whichever IS hIgher, up to the maXImum required for that dIstnct. Existmg valuatIOn and valuation of proposed changes shall be based on Unif{)ITl1 Building Code valuatIon tables within theadolltedbuilllil1gi~ode. The term "substantIally altered" means that the value ofremodelmg excess fifty (50) percent of the value of the buIldmg pnor to such Improvements. 5 All new landscaped areas shall be served by a functlOnmg automatIc ImgatlOn system whIch combmes drip and subsurface irrigation with high efficiency sprinklers except on indIVIdual smgle-family and duplex resIdentIal lots. The reqUIrement for a functlOnmg automatic imgatIon system may be WaIved with an approved xenscapmg/waterwise plan. All new irrigation systems shall be designed to be zoned according to water needs of proposed plant materials. There should be separate zones for turf grasses and shrub bed areas, for sun and shade.and other climatic conditions and according to the water demands oftheplant material. All new irrigation systems shall be equipped with automatic rain shut~off devices. 6 In all dIstncts, any area ofthe lot not covered by buildmg, parkmg, walkways, storage or dIsplay area must be landscaped. 7. Recirculated water shall be used for new decorative water features and fountains. 8. Artificial turf or plant materials are not allowed. 9. The irrigation of landscaped areas shall be consistent with the restrictions imposed by the water district in which a property located. 10. No person, organization, or association may create or imposer~strictive covenants, conditions, restrlctiolls, deed clauses or other agreell1entshelweenthe parties that prevent the use of xeric/waterw'iselandscapiJig. 3 D DIstnct reqUIrements: Smgle- and two-family residential uses: a. One (1) street tree per seventy (70) feet (or portIOn thereof) of street frontage to be placed withm the front setback pnor to Issuance of the certIficate of occupancy ThIS shall not be construed to mean trees placed seventy (70) feet on center. b No less than twenty-five (25) percent of the gross lot area and no less than one hundred (100) percent of the front yard (exclUSIve of dnveway and SIdewalk access to the home) shall be landscaped. c. For new single family and two family residences, no. more than 50% ofthe total landscaped coverage on the lot shaUbe comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 2. MultIfamily reSidential uses. a. Requned withm the mllllmum bUlldmg setbacks abutting public nght-of-way: one (I) tree, deCIduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage. ThIS should not be construed to mean trees placed thirty (30) feet on center b In addItIOn to trees reqUIred based upon publIc street frontage, one (1) tree and five (5) shrubs are required for every one thousand (1,000) square feet of reqUIred landscape area. c. Except for pedestnan and vehicular access, the mmimum reqUired front yard shall be fully landscaped. d. Landscaping shall not be less than thirty (30) percent of the total lot area. e. For new multi-family developments, no more than 60% of the totallandsc~ped coverage on the lot shall be comprised of turf. The. use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 3 NonreSIdentIal uses. a. ReqUired wlthm the mllllmum bUlldmg setbacks abuttmg public nghts-of-way' one (1) tree, deCiduous or evergreen, for every thIrty (30) feet (or portIOn thereof) of street frontage ThiS should not be construed to mean trees placed thirty (30) feet on center b In additIon to trees required based upon publIc street frontage, one (1) tree and five (5) shrubs are reqUired for everyone thousand (1,000) square feet of required landscape area. 4 c Required landscaped areas shall be as follows: (1) Landscapmg shall not be less than twenty (20) percent of the gross lot area. (2) On any nonresldentially zoned property abutting 44th Avenue, 38th Avenue, Klplmg Street, Wadsworth Boulevard, Youngfield Street, Ward Road, Shendan Boulevard, or 1-70 frontage roads, a landscaped area measunng ten (10) feet from the edge of the nght-of-way IS required for the entire length of the property abuttmg these roadways, except for curb cuts. This area may be used to meet the other area reqUIrements (3) On resIdentIally zoned property, a mmimum ten-foot landscape buffer IS reqUIred adjacent to publIc streets abutting front or sIde yards. (4) For new non-residential developments, no more than 3Q% ofthe totaJlandscaped coverage on the lot shall be comprised of turf. The use of low water demaild1urf varieties such as buffalo grass, blue gram a grass and tall fescue is encouraged. f41 (5) Additional reqUIrements may apply If the project IS located m the Streetscape Overlay Dlstnct. d. All nonresIdentIal uses located adjacent to residentIally zoned areas or agnculturally zoned areas shall provIde a screened or landscaped buffer area consistmg of eIther or both of the followmg: (I) A sIx-foot hIgh solId fence or landscaped hedge WIth a mature heIght of SIX (6) feet; or, (2) A stnp ofland at least fifteen (15) feet WIde planted WIth a vanety of vegetatIOn and a mllllmum denSIty of one (I) shrub or tree per every two (2) linear feet of buffer area adjacent to the residentIal or agncultural zoned property Nothmg contamed in thIS section shall prohibit any landowner from landscapmg m excess of the mllllmum reqUIrements stated herem, either on theIr property or wlthm publIc nght-of-way, If approved by the publIc works director; however, off sIte landscapmg cannot reduce the onslte requirements. E. Landscape buffering for parkmg lots. 1 Whenever a parkmg lot boundary adJoms property zoned for low- or medmm- denSIty residentIal use, or if zoned agncultural but developed as residential, a landscape buffer of SIX (6) feet from SaId lot boundary shall be required. Withm the sIx-foot landscape buffer, a slx-foot-hlgh vIew-obscuring fence, decorative wall or landscaped hedge WIth a natural height of six (6) feet shall be provIded. In addItion, grass or other acceptable groundcover or trees and/or shrubs shall be planted wlthm the landscape 5 buffer areas as approved by the dIrector of commumty development through a landscape plan. 2. When a parkmg lot IS placed between the publIc nght-of-way and the structure(s), a screenmg of the parkmg area shall be estabhshed between the nght-of-way and the parkmg area. ThIS vIew-obscuring screen shall be composed of live plantmgs, benus, fences or walls, or a combination thereof. The heIght of the screenmg shall be subject to the SIght dIstance tnangle reqUIrements. See section 26-603. F Plantmgs. 1. In all cases, the. use of x~ticlwaterwjs~pll\lltlt1aterials is encouraged. -h 2. Mimmum SIze of plant and other matenals. a. DecIduous trees: Two-mch calIper, measured one (1) foot above the ground. Trees WIth a calIper m excess of five (5) inches may be counted as two (2) trees. Trees WIth a calIper m excess of ten (10) mches may be counted as three (3) trees. b Ornamental and flowenng trees Two-inch calIper, one (l) foot above the ground. c. Evergreen Trees' SIX (6) feet m heIght. d. Flowenng and evergreen shrubs and hedges. Five-gallon size e. Vines and groundcovers' One-gallon SIze. f. Mulch. A mImmum of three (3) mches m depth in areas protected from wmd eroSIOn. g. RIVer rock: A mmImum of one (1) meh to two (2) mehes m SIze and at least three (3) mches m depth over a weed bamer groundcover. h. When reqUIred in the Streetscape Overlay DIStriCt, street trees wIthm or adjacent to pedestrian walkways shall be a minimum of three (3) mches in caliper WIth a mmImum of seven (7) feet of head clearance to the lowest branches. ~ 3. CompletIOn of landscapmg. When the final landscape plan IS submItted, a date for completion of all plantmgs and related work shall be mcluded on the plan. Landscapmg shall be mstalled and completed prior to the Issuance of a certIficate of occupancy In extenuatmg CIrcumstances, such as adverse weather, where occupancy IS requested pnor to completIon of landscaping, an Irrevocable letter of credIt or escrow account shall be accepted for the completIOn of necessary landscapmg, Said financIal guarantee to be equal to one and one-fourth (1 1/4) times the cost of the landscaping. A cost estimate for landscapmg not mstalled at that time shall be presented to the department of commumty development for approval. Letters of credIt or escrows shall not be released until all 6 plantmg and finIsh matenals shown on the approved landscape plan are mstalled and accepted. The amount of the escrow or letter of credIt shall be determmed by the department of communIty development based on the submItted landscapmg plan. Should the reqUIred landscapmg not be properly mstalled upon the expIratIon of the letter of credIt or escrow account, the cIty reserves the right to use such funds to have the reqUIred landscapmg placed upon the subject premIses. Any costs mculTed by the cIty m excess of the funds proVIded by the letter of credIt or escrow shall be recovered by the cIty through normal lien proceedmgs. G Mamtenance. I The developer, Its successor and/or the property owner shall be responsible for regular weedmg, imgatmg, fertIlizing, pruning or other mamtenance of all plantings as needed m order to ensure the survIval of any reqUIred landscapmg. The city may reqUIre the removal and replacement of such reqUIred landscaping where dead, dIseased or damaged landscapmg is found. 2. Minor changes m the approved landscapmg plan may be made WIth the approval of the director of community development If the total area of landscapmg IS not reduced below mmlmum standards and placement IS not substantIally changed. 3. All property owners/occupants shall be responsible for maintenance of landscaping within the portion of the public right-of-way between "the back tif the curb or street pavement and adjacent private property. H. Acceptable street trees shall be determmed by the communIty development director, in consultation v,rithtaeeityforoGtef; Street trees in the Streetscape and Architectural DeSign Overlay districts shall conform to the plant list contamed in the streetscape and archItectural deSign manual. 1. Waivers and vanances. Generally, for waivers and vanances, see sectIOn 26-115 Whenever a waiver or vanance IS reqUIred which would be reViewed by the board of adjustment, plannms commiSSIOn or city council,slfohreqHtstshalll.10f~f-Qttea~l.)tli8iPny forester for recommendations Md sHggcstions, elipcciiillycowiideratioIl shouldbllgiven regardmg alternatIves to total waiver reqUIrements (for example, substItutmg planter boxes or hangmg baskets for normal ground landscapmg) Section 2. Safetv Clause. The City of Wheat Ridge hereby finds, determmes, and declares that thIS ordmance IS promulgated under the general polIce power of the City of Wheat Ridge, that it IS promulgated for the health, safety, and welfare of the publIc and that thiS ordinance is necessary for the preservatIOn of health and safety and for the protection of publIc convenIence and welfare. The City Council further determmes that the ordinance bears a rations relation to the proper legislative object sought to be attamed. 7 Section 3. Severablhty. If any clause, sentence, paragraph, or part of this ZOlllng code or the apphcatlOn thereof to any person or circumstances shall for any reason be adjusted by a court of competent JUflsdlctlOn invalId, such Judgment shall not affect apphcatlOn to other persons or cIrcumstances. Section 4. SupersesslOn Clause. If any provision, reqmrements or standard estabhshed by this Ordmance is found to conflIct WIth sImilar provlslOns, reqmrements 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 here shall supersede and prevail. Section 5. Effective Date. ThiS ordmance shall take effect 15 days after final publicatIOn. INTRODUCED, READ, AND ADOPTED on first readmg by a vote of to m thIS day of , 2004, ordered publIshed m full in a newspaper of general cIrculation m the City of Wheat Ridge and Public Heanng and conslderatlOn 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 Pamela Y Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 1 ST publication 2nd publicatIon 8 INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 14-2004 Ordinance No. Series of 2004 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS WHEREAS, the City of Wheat Ridge has adopted legIslation pertaimng to the regulation of and requirements for landscapmg on private property; WHEREAS, the City of Wheat Ridge recogmzes that the drought and the need for water conservation in the regIOn has become mcreasingly more critical, WHEREAS, the City of Wheat Ridge would like to encourage landscape practices that utihze xeric/waterwise desIgn pnnciples. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. SectIOn 502 of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as follows Sec. 26-502. Landscaping requirements. A. Landscaping defined: A combmation of living plants, such as trees, shrubs, vmes, ground cover, flowers, sod or grass; and may mclude natural features, such as rock, stone and bark; and structural features, includmg, but not hmited to, fountains, reflecting pools, art work, screen walls, fences and benches. Uncontrolled weeds shall not be considered as landscaping; however, mamtamed natural grasses and natural flowers may be consIdered as landscapmg. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or WhICh serve as general pubhc access routes around a mam structure, or between a main structure and a public street or alley, shall not be counted as landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be counted a nonliving landscape features. B. Landscape plan: A landscape plan is required to be submitted with the required building permIt or development plan for all mstltutIOnal, public, semi-public, multi- famIly, commercial and industrial development, redevelopment, addition or change m use. The plan shall be approved by the director of community development in conjunction with the city arborist. The followmg mformation shall be included in the plan. ATTACHMENT 2 1 1. Date, north point and scale (scale not to exceed one (1) inch equaling forty (40) feet with one (1) mch equalmg twenty (20) feet deSlfable), name and location of the development; name(s) of owner(s); name, address and telephone number of person or firm preparing the plan; name and telephone number of the contact person for the project. 2. Topographic contours and spot elevations on final grading plan adequate to identify and properly specify landscaping for area needing slope protection. 3 LocatlOn of property lines with dimensions, adjacent streets and right-of-way, dramage features, buildmg and structures, parkmg, loading and vehicular circulation areas, driveways, underground and/or overhead utility lines, and traffic sight distance triangles. 4 Landscaped areas on the site including: a. Locations, dimensions and square footage of all landscaped areas. ThiS shall include calculations for total lot area, total landscaped area, area of livmg vegetation and area of non-living matenal. b. The locations, types, sizes and quantities of proposed plant and other materials. Common and botanical names shall be identified adjacent to all plant material or by use of a key and legend. c. The location, size, materials and treatment of non-living landscapes landscaped areas. d. The species, 10catlOn and size of any existing plant materials to be preserved. e. The species, location and size of any eXisting plant materials to be removed. 5 Location and type of the irngation system provided. 6 A descnption of existing trees which are proposed to be preserved during site preparatlOn and construction. C. Landscape area requirements: I Any combmation of two (2) or more of the followmg: grass, flowers, shrubbery, deciduous and comferous trees, which shall be maintamed m an orderly manner. The use of non-livmg material such as bark, rock or ornamental objects shall not exceed tv/ent)' (20) percent thirty-five (35) percent of the required landscaping area. In no event shall variances be approved which reduce living matenals to less than fifty (50) percent afthe total landscaped area. The intent of permitting variances is to allow for '",ell designed xeriscape (low water use) planting design. Coverage shall be determined for the projected growth after two (2) full growing seasons. 2 2. The growth of any plantings or the erection of any landscape structure or berm IS regulated by section 26-603B 3 Except for approved street trees, the landscaping required efl in the right-of-way between the property line and the curbline shall not be permitted to obtain a height greater than thirtY-SIX (36) inches above the level of the roadway 4 Landscaping shall be installed only on the property to be developed or for which a building permit is applied. For properties with existing development, landscaping m addition to existing landscapmg shall be required on a percentage baSIS determmed either according to square footage added, or substantially altered, or value added to the premises by proposed Improvements, whichever is higher, up to the maximum requued for that district. Existing valuation and valuation of proposed changes shall be based on Uniform Building Code valuation tables within the adopted building code. The term "substantially altered" means that the value of remodelmg excess fifty (50) percent of the value of the building prior to such Improvements. 5 All new landscaped areas shall be served by a functIOning automatic migatIon system which combines drip and subsurface irrigation with high efficiency sprinklers except on mdlvldual smgle-famlly and duplex residential lots. The requirement for a functiomng automatic irrigation system may be waived with an approved xeriscaping/waterwise plan. All new irrigation systems shall be designed to be zoned according to water needs of proposed plant materials. There should be separate zones for turf grasses and shrub bed areas, for sun and shade and other climatic conditions and according to the water demands of the plant material. All new irrigation systems shall be equipped with automatic rain shut-off devices. 6. In all districts, any area of the lot not covered by building, parkmg, walkways, storage or display area must be landscaped. 7. Recirculated water shall be used for new decorative water features and fountains. 8. Artificial turf or plant materials are not allowed. 9. The irrigation of landscaped areas shall be consistent with the restrictions imposed by the water district in which a property located. 10. No person, organization, or association may create or impose restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of xeric/waterwisc landscaping. D. Distnct requirements. 3 1. Smgle- and two-family residential uses: a. One (1) street tree per seventy (70) feet (or portion thereof) of street frontage to be placed within the front setback prior to issuance of the certificate of occupancy. This shall not be construed to mean trees placed seventy (70) feet on center b. No less than twenty-five (25) percent of the gross lot area and no less than one hundred (100) percent of the front yard (exclusive of driveway and sidewalk access to the home) shall be landscaped. c. For new single family and two family residences, no more than 50% of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 2. MultifamIly residential uses a. ReqUired within the mimmum buildIng setbacks abutting public right-of-way' one (I) tree, decIduous or evergreen, for every thirty (30) feet (or portion thereof) of street frontage. ThIS should not be construed to mean trees placed thIrty (30) feet on center. b In addition to trees required based upon public street frontage, one (I) tree and iWe ~ ten (10) shrubs are required for everyone thousand (1,000) square feet of required landscape area. c. Except for pedestnan and vehicular access, the minimum required front yard shall be fully landscaped. d. Landscapmg shall not be less than thirty (30) percent of the total lot area. e. For new multi-family developments, no more than 60% of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. 3 Nonresidential uses a. Required within the minimum buildIng setbacks abuttIng public nghts-of-way' one (I) tree, decIduous or evergreen, for every thirty (30) feet (or portIOn thereof) of street frontage This should not be construed to mean trees placed thirty (30) feet on center. b In additIOn to trees reqUired based upon pubhc street frontage, one (I) tree and iWe ~ ten (10) shrubs are reqUired for everyone thousand (1,000) square feet ofreqUlred landscape area. c ReqUired landscaped areas shall be as follows: 4 (1) Landscaping shall not be less than twenty (20) percent of the gross lot area. (2) On any nomesidentially zoned property abutting 44th Avenue, 38th Avenue, Kipling Street, Wadsworth Boulevard, Youngfield Street, Ward Road, Sheridan Boulevard, or 1-70 frontage roads, a landscaped area measunng ten (10) feet from the edge of the nght-of-way IS required for the entue length of the property abuttmg these roadways, except for curb cuts. This area may be used to meet the other area requirements. (3) On residentially zoned property, a minimum ten-foot landscape buffer is required adjacent to publIc streets abutting front or sIde yards. (4) For new non-residential developments, no more than 30% of the total landscaped coverage on the lot shall be comprised of turf. The use of low water demand turf varieties such as buffalo grass, blue grama grass and tall fescue is encouraged. (4t (5) Additional requirements may apply If the project is located in the Streetscape Overlay District. d. All nomesldential uses located adjacent to residentially zoned areas or agriculturally zoned areas shall provide a screened or landscaped buffer area consisting of either or both of the following' (1) A six-foot high solid fence or landscaped hedge with a mature height of six (6) feet; or, (2) A strip of land at least fifteen (15) feet WIde planted with a variety of vegetation and a minimum density of one (I) shrub or tree per every two (2) linear feet of buffer area adjacent to the reSIdentIal or agncultural zoned property. Nothing contamed m thIS section shall prohibIt any landowner from landscapmg in excess of the mmimum requirements stated herem, eIther on their property or WIthin publIc right-of-way, if approved by the public works dIrector; however, offsite landscapmg cannot reduce the onsite reqUIrements. E. Landscape buffering for parking lots. 1. Whenever a parking lot boundary adjoins property zoned for low- or medmm- denSIty reSIdential use, or if zoned agricultural but developed as reSIdential, a landscape buffer of six (6) feet from said lot boundary shall be reqUIred. Withm the SIx-foot landscape buffer, a six-foot-high view-obscunng fence, decorative wall or landscaped hedge WIth a natural height of six (6) feet shall be provided. In addItion, grass or other acceptable ground cover or trees and/or shrubs shall be planted withm the landscape buffer areas as approved by the duector of community development through a landscape plan. 5 2. When a parking lot IS placed between the public right-of-way and the structure(s), a screening of the parking area shall be established between the right-of-way and the parking area. ThIs view-obscuring screen shall be composed of live plantings, berms, fences or walls, or a combination thereof. The height of the screening shall be subject to the sight dIstance triangle reqUIrements. See section 26-603. F Plantings. 1. In all cases, the use of xeric/waterwise plant materials is encouraged. h 2. Minimum size of plant and other matenals. a. Deciduous trees: Two-inch caliper, measured one (I) foot above the ground. Trees WIth a caliper In excess of five (5) Inches may be counted as two (2) trees. Trees with a caliper in excess often (10) Inches may be counted as three (3) trees. b Ornamental and flowenng trees. Two-inch caliper, one (I) foot above the ground. c Evergreen Trees: Six (6) feet in height. d. Flowenng and evergreen shrubs and hedges: Five-gallon size. e. Vines and groundcovers. One-gallon sIze f. Mulch. A mimmum of three (3) Inches in depth in areas protected from wind erosIOn. g. RIver rock. A minimum of one (I) inch to two (2) Inches in sIze and at least three (3) inches In depth over a weed barrier groundcover h. When reqUIred In the Streetscape Overlay District, street trees within or adjacent to pedestrian walkways shall be a mInimum of three (3) inches in caliper with a minimum of seven (7) feet of head clearance to the lowest branches. ;h- 3. CompletIon of landscaping. When the final landscape plan is submItted, a date for completion of all plantings and related work shall be included on the plan. Landscapmg shall be installed and completed prior to the Issuance of a certIficate of occupancy. In extenuatIng circumstances, such as adverse weather, where occupancy is requested prior to completion of landscaping, an Irrevocable letter of credit or escrow account shall be accepted for the completIOn of necessary landscaping, said financial guarantee to be equal to one and one-fourth (I 1/4) times the cost of the landscaping. A cost estimate for landscaping not Installed at that time shall be presented to the department of commumty development for approval. Letters of credit or escrows shall not be released until all planting and fimsh materials shown on the approved landscape plan are installed and accepted. The amount of the escrow or letter of credit shall be detenmned by the 6 department of community development based on the submItted landscapmg plan. Should the reqUlred landscaping not be properly installed upon the expiratlOn of the letter of credit or escrow account, the city reserves the nght to use such funds to have the required landscaping placed upon the subject premises. Any costs Incurred by the city in excess of the funds provided by the letter of credit or escrow shall be recovered by the city through normal lien proceedmgs. G Mamtenance. 1 The developer, its successor and/or the property owner shall be responsible for regular weeding, migating, fertilizing, pruning or other maintenance of all plantmgs as needed m order to ensure the survival of any reqUlred landscaping. The city may require the removal and replacement of such required landscaping where dead, diseased or damaged landscaping is found. 2. Minor changes m the approved landscapmg plan may be made with the approval of the dnector of commumty development If the total area of landscaping is not reduced below mimmum standards and placement is not substantially changed. 3. All property owners/occupants shall be responsible for maintenance of landscaping within the portion of the public right-of-way between the back of the curb or street pavement and adjacent private property. H. Acceptable street trees shall be determmed by the communIty development director, m consultation with the city forester. Street trees in the Streetscape and Architectural Design Overlay districts shall conform to the plant list contained m the streetscape and architectural design manual. 1. Waivers and vanances. Generally, for waivers and vanances, see section 26-115 Whenever a waIver or variance IS required which would be reviewed by the board of adjustment, planning commisslOn or city council, such request shall be referred to the city forester for recommendatlOns and suggestions, especially consideration should be given regardmg alternatives to total waiver requirements (for example, substItuting planter boxes or hanging baskets for normal ground landscaping). Section 2. Safety Clause. The City of Wheat Ridge 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 protectlOn of publIc convenience and welfare. The City Councll further determines that the ordinance bears a ratIOns relation to the proper legislatIve object sought to be attamed. Section 3. Severability. If any clause, sentence, paragraph, or part of thiS Zomng code or the applIcation thereof to any person or cncumstances shall for any reason be adjusted by 7 a court of competent jurisdiction invalid, such judgment shall not affect apphcation to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirements or standard established by this Ordmance is found to conflict with similar provisions, requirements or standards found elsewhere m the Code of Laws of the City of Wheat Ridge, which are in eXistence as of the date of adoptlOn of this Ordinance, the provislOns, reqUIrements and standards here shall supersede and prevail. Section 5. Effective Date. This ordinance shall take effect 15 days after final pubhcatlOn. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to o on this 12th day of July ,2004, ordered published in full in a newspaper of general circulation m the City of Wheat Ridge and PubliC Heanng and consideratlOn on final passage set for August 9 ,2004, at 7'00 o'clock p.m., m the CounCil Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of to , this day of , 2004. SIGNED by the Mayor on this day of ,2004. GRETCHEN CERVENY, MAYOR ATTEST Pamela Y Anderson, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY ST I publication. July 15, 2004 2nd publication: Wheat Ridge Transcnpt Effective Date' s ITEM NO: d- REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 9, 2004 TITLE: COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2,2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX. o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ~ ORDINANCES FOR 1ST READING (Date: August 9, 2004) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No fJaiJ;dfiJ;) ~: City Manager EXECUTIVE SUMMARY: At the July 26, 2004 City Council meeting, staffwas directed to begin drafting ballot language for the 2004 General Election regarding sales and use tax with the following consideration: the Blue Ribbon Panel recommendations, recommendation for percent increase, a specific target area for which the revenues will be utilized and to bring back to City Council for consideration at an upcoming Council meeting. An ordinance is being drafted by staff, consultant and legal counsel, which will be hand-delivered to City Council at the August 9th pre-meeting. COMMISSIONIBOARD RECOMMENDATION: The City Council commissioned a Blue Ribbon Panel in May 2004, which was charged with providing an independent analysis of the City's current fiscal challenges. After an eight-week analysis process, the Panel presented eight recommendations to City Council, one of which was to "Increase sales and use tax by 1 cent for the following areas in order of priority: a) restore police services to respond to citizen needs including school resource officers and park and green belt patrols; b) maintain and invest in the City's public infrastructures; c) enhance economic development efforts; d) enhance youth and seruor programs. STATEMENT OF THE ISSUES: Shortly after the City incorporated in 1969, a I % sales and use tax was approved by the voters of the City. Again in 1975, the voters approved an increase to the sales and use tax rate by 1 %. The City's current sales and use tax rate is 2%, the lowest in the Denver metro area. Since 1997, City expenses have been increasing at a faster rate than revenues, 5.4% versus 2.5% respectively. To continue to provide services and programs to the residents of Wheat Ridge, City Council had to use General Reserve funds to balance the budget. Since 1999, the General Reserve fund has decreased by 21 %. Staff has projected that by fiscal year 2006; the General Reserve fund balance will be approaching a level below 3%, which is in violation of state law and good budgeting practices. Between 2002 and 2004, City Council adopted a budget reduction program to help control costs. The reductions included the elimination of 35.5 employee positions and numerous service and program reductions and eliminations. In order to provide Council with an indication of where the citizens of Wheat Ridge stand on increasing taxes to meet the needs of the City, Staff contracted with the polling firm Frederickpolls to conduct a survey of Wheat Ridge residents in January 2004. The polling results show that 65% of those Wheat Ridge residents polled support a sales tax increase of up to Y, cent; 57% of residents polled support a sales tax increase of up to % cent; and 52% of residents polled support a sales tax increase of up to 1 cent. ALTERNATIVES CONSIDERED: City Council could choose to delay or not proceed with putting this issue on the ballot. Moving forward at this time is critical to address the City's shrinking reserve fund and to avoid further service and program reductions. FINANCIAL IMP ACT: Based on estimated sales and use tax revenues for fiscal year 2004, a Y, percent increase in the sales and use tax rate would generate approximately $3.0 million of additional General Fund revenues; a % percent increase would generate $4.4 million; and a I percent increase would generate $5.9 million. If the City Council choose to eliminate the City's property tax mill levy, the City would lose approximately $675,000 in General Fund revenues. RECOMMENDED MOTION: "I move to approve Council Bill No. 17-2004 on first reading, order it published, public hearing setfor Monday, August 23, 2004 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading." or, "1 move to indefinitely table Council Bill No. 17-2004 for the following reason(s) " Report Prepared by: Reviewed by: Patrick Goff, Director of Administrative Services Randy Young, City Manager Attachments: 1. None CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No 17-2004 Ordinance No Series of 2004 TITLE. AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2, 2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX. WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions to the electorate; and WHEREAS, the Council wishes to refer a ballot question increasing the City's sales and use tax rate NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Ballot Question referral. The following ballot question is hereby referred to the electorate of the City at the November 2, 2004 election' SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $5 9 MILLION ANNUALLY COMMENCING IN 2005, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, WHICH REVENUES SHALL BE USED EXCLUSIVELY TO IMPROVE AND ENHANCE THE SAFETY, SECURITY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS AND TO IMPROVE AND ENHANCE THE CITY'S ECONOMIC DEVELOPMENT EFFORTS TO INCLUDE AT A MINIMUM' . 10 ADDITIONAL POLICE DEPARTMENT PERSONNEL . PROGRAMS TO RETAIN AND ATTRACT BUSINESS AND JOBS TO THE COMMUNITY . MAINTAIN APPROPRIATE PARK AND RECREATION STAFF AND EQUIPMENT THROUGH AN INCREASE IN THE CITY'S SALES AND USE TAX RATE OF 1 PERCENT (1 0%) AND SHALL THE CITY BE PERMITTED TO COLLECT AND SPEND THE REVENUES FROM SUCH INCREASE AND ANY INTEREST OR GAIN THEREON, WITHOUT REGARD TO THE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 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 GED\53027\481754.1 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: Conflictinq Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading, as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 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 Pamela Anderson, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication. Second Publication Wheat Ridge Transcript Effective Date: 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 17-2004 Ordinance No. Series of 2004 TITLE. AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2, 2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX. WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions to the electorate, and WHEREAS, the Council wishes to refer a ballot question increasing the City's sales and use tax rate NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1. Ballot Question referral. The following ballot question is hereby referred to the electorate of the City at the November 2,2004 election. SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $59 MILLION ANNUALLY COMMENCING IN 2005, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, WHICH REVENUES SHALL BE USED EXCLUSIVELY TO IMPROVE AND ENHANCE THE SAFETY, SECURITY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS AND TO IMPROVE AND ENHANCE THE CITY'S ECONOMIC DEVELOPMENT EFFORTS TO INCLUDE AT A MINIMUM: . 10 ADDITIONAL POLICE DEPARTMENT PERSONNEL · PROGRAMS TO RETAIN AND ATTRACT BUSINESS AND JOBS TO THE COMMUNITY · MAINTAIN APPROPRIATE PARK AND RECREATION STAFF AND EQUIPMENT THROUGH AN INCREASE IN THE CITY'S SALES AND USE TAX RATE OF 1 PERCENT (1 0%) AND SHALL THE CITY BE PERMITTED TO COLLECT AND SPEND THE REVENUES FROM SUCH INCREASE AND ANY INTEREST OR GAIN THEREON, WITHOUT REGARD TO THE LIMITATIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? 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 GED\53027\481754.1 ITEM NO: 3 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 9, 2004 TITLE: COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS [8J ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial: D [8J Yes No city~~C'd City Attorney EXECUTIVE SUMMARY: Amends Chapter 15 ofthe Wheat Ridge Coe of Laws (Nuisances), by making a number of corrections and minor revisions. Provides for the issuance of an abatement order by the municipal judge. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The time involved in abating nuisances is a perennial challenge. The ordinance will help to shorten the process. It will also provide for judicial review prior to entry onto private property for non- criminal, non-emergency environments. ALTERNATIVES CONSIDERED: Retain current systems, under which abatement is not generally ordered until after a criminal action is filed. FINANCIAL IMP ACT: Abatement orders will enable the City to deal with nuisances more quickly. The Code permits the City to recover its costs of abatement by certifying the same to the County Treasurer. However, the cost for abatement processes varies considerably from one situation to another. The initial cost for abatement must be met by the City, and reimbursement may not occur for several months. The Police Department has, periodically, provided for some abatement costs in the annul General Fund Budget. These are minimal amounts. Should a complicated abatement process occur the cost may have to come from unallocated funds, with City Council approval. RECOMMENDED MOTION: "1 move to approve Council Bill 16-2004 on first reading, order it published, public hearing set for Monday, August 23, 2004 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after [mal publication." or, "I move to table indefinitely Council Bill 16-2004 for the following reason(s) " Report Prepared by: Gerald Dahl, City Attorney (303) 376-5019 Reviewed by: Jack Hurst, Police Chief (303) 235-2811 Attachments: 1. Council Bill 16-2004 040803 CAF Chapter 15 Abatement Process CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 16-2004 Ordinance No. Series of 2004 TITLE. AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES WHEREAS, the City Council of the City of Wheat Ridge, Colorado desires to amend certain sections of Chapter 15 of the Wheat Ridge Code of Laws, to improve nuisance enforcement. Section 1: Section 15-1 of the Code of Laws is amended to read: It shall be the policy of the city to promote the health, safety, morals, convenience, order, prosperity and welfare of the present and future inhabitants of the city and, therefore, the city council declares that every nuisance shall be unlawful, and shall be restrained, prevented, abated and enjoined. This chapter governs the prohibition and control of nuisances throughout the city. Authority to enforce the provisions of this chapter is vested in ANY AUTHORIZED CITY OFFICER the oity anim::lI park code enforccmcnt officers ("I\PCO officers"). Such officers sh:lIl have the :wthority 3& peaoo offjoors set forth in scotion 2 33 of this Code. Section 2: All references in Chapter 15 of the Code of Laws to "APCO officer" or "an APCO officer" are hereby amended to read "authorized city officer." NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 15-8 of the Code of Laws is amended to read as follows: Sec. 15-8. Abatement (a) Notice to abate. An APCO officer ANY AUTHORIZED CITY OFFICER, upon the discovery of any nuisance on public or private property in the city, may, in the exercise of his discretion, notify the responsible party in writing, requiring the responsible party to remove and abate from the property the thing or things therein described as a nuisance. For any nuisance which does not threaten eminent danger of damage or injury, and for which a discretionary notice to abate has been issued, the reasonable time for abatement shall not exceed seven calendar (7) days unless it appears from the facts and circumstances that GED\53027\475514.1 ATTACHMENT 1 compliance could not reasonably be made within seven (7) calendar days or that a good faith attempt at compliance is being made. (b) Service of notice. If written notice to abate is given, it shall be served by: (1) Personally delivering a copy of the notice to the responsible party described in the notice if the responsible party also resides at the property; or (2) Mailing a copy of the notice by first class or certified mail, return receipt requested, to the last known address of the responsible party as reflected in the county real estate records; or (3) Posting a copy of the notice in a conspicuous place at the unoccupied premises. (c): ABA TEMENT ORDER: Upon the expiration of the period of notice, or at any time thereafter, if the nuisance has not been abated on the property described in such notice, the city may APPLY TO THE MUNICIPAL COURT FOR AN ABATEMENT ORDER, as follows: (1) THE APPLICATION SHALL BE ACCOMPANIED BY AN AFFIDAVIT AFFIRMING THAT THE CITY HAS COMPLIED WITH THE NOTICE REQUIREMENTS OF CODE SECTION 15-8(b) AND THAT THE OWNER HAS FAILED TO ABATE THE IDENTIFIED NUISANCE UPON THE PROPERTY. (2) THE CITY SHALL GIVE NOTICE TO THE RESPONSIBLE PARTY OF ITS APPLICATION FOR THE ABATEMENT OF ORDER IN THE SAME MANNER AS PROVIDED ABOVE FOR SERVICE OF THE ORIGINAL NOTICE. (3) THE NOTICE OF APPLICATION FOR AN ABATEMENT ORDER SHALL INCLUDE A COPY OF THE CITY'S APPLICATION AND ITS AFFIDAVIT IN SUPPORT THEREOF, AS WELL AS THE TIME, DATE, AND PLACE AT WHICH THE CITY WILL APPEAR BEFORE THE MUNICIPAL COURT TO REQUEST ENTRY OF THE ABATEMENT ORDER. (4) AT THE STATED TIME, DATE, AND PLACE, THE MUNICIPAL COURT JUDGE SHALL REVIEW THE APPLICATION FOR ADMINISTRATIVE ABATEMENT ORDER, THE AFFIDAVIT, ANY STATEMENT OF THE CITY IN SUPPORT THEREOF, AS WELL AS ANY STATEMENT AND EVIDENCE PRESENTED BY THE RESPONSIBLE PARTY, IF PRESENT. GED\53027\475514.1 -2- (5) THEREAFTER, THE MUNICIPAL COURT IS AUTHORIZED TO ENTER AN ORDER PERMITTING THE CITY TO enter upon such property, abate the same and recover its costs as provided by section 15-11. (d)(G) Abatement without notice or court order. Any nuisance located or found in or upon any street, avenue, alley, public sidewalk, highway, public right-of-way, public grounds, park, recreation facility, or public property in the city may be abated without notice. Sec. 15-10. Violations and penalty. Section 15-10(d) of the Wheat Ridge Code of Laws, concerning violations and - penalty for convictions of nuisances, is amended to read as follows. (d) As a portion of any judgment, fine or assessment levied upon conviction of a violation of this article the court shall order that the violation be abated within a time established by the court, but in no event to exceed forty five (45) THIRTY (30) days from the date of conviction. Failure to abate within the time so ordered may constitute contempt of court, and shall be punishable as such. THE ORDER SHALL ALSO PROVIDE THAT, in the event the defendant has not abated the nuisance within forty five (45) THIRTY (30) days after the court order, the City or its agents ARE AUTHORIZED to do so. Section 3. 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 4. Severability: Conflictinq Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5 11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of , 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 GED\53027\475514.1 -3- 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: Second Publication' Wheat Ridge Transcript Effective Date: GED153027\4755141 -4- ITEM NO: t REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. August 9, 2004 TITLE: CULTURAL COMMISSION APPOINTMENT o PUBLIC HEARING [8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING QuasI-Judicial: o Yes [8J No (~~+ CitY Clerk City M~ (:.:lU~ EXECUTIVE SUMMARY: An application for the vacancy in District I on the Cultural Commission has been received by Terry Womble. The Cultural Commission is the offiCial cultural organization of the City of Wheat Ridge established for the promotion of culture and the arts that directly and indirectly benefits residents of the City through cultural ennchment, educational opportunities, exhibitIOns, fmrs, and Similar events. The commission consists of nine (9) members. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If an applicant is not appomted to the Cultural CommissIOn the vacancy Will remam. ALTERNATIVES CONSIDERED: Not appomt applicant to fill the vacancy on the Election commission. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to appoint Terry Womble of District 1 to the Cultural CommissIOn, term to expire March 2, 2005." or, "I move to deny the appointment of Terry Womble to the Cultural Commission because " Attachments: 1 Terry Womble Cultural Commission application. 2. Wheat Ridge Transcript article. Report prepared by' Pam Anderson, City Clerk Reviewed by Randy Young, City Manager --...............-- . PLEASE APPLY ONLY FOR ONE BOARD OR CO~~~ CITY OF WHEAT RIDGE I Oats oJ City CI rk: vi' City Treas: APPLICATION FOR APPOINTMfNT TO THE: C- c{( f<-tlr}. ( 010-'1 \ c'o c/7 (BOARD/COMMISSION/COMMITTEE) DATE: 7 /g ( OC-{- l DISTRICT: ~. HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? ( 7'" q ( S ARE YOU A REGISTERED VOTER? 110 /j(<:: d,~,..d ~ 0 <1 1-(., t v RO / / !-- - ~ I' ( WHY ARE YOU SEEKING THIS APPOINTMENT? J 0 .., ( (/-J 0'.' f-~ -<'1/ ~< .rt.cs ' to VL Q Council: Mayor: City Mgr: City Ally: Oepl Heads: -~ -...'~ ._~ .", --:i - DO YOU HAVE EXPERIENCE IN THIS AREA? ~ ~ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? 1<.< - L. A H ~ ~/t.J / (} ~t+f) Ffl . k T05Jr .A- r t-:S c.. ut Vie/: ' { ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? ill d - ~,~//{{ Signature ;..-;---- PLEASE PRINT OR TYPE NAME: f r-- o"'t/'L/ ADDRESS: ,] C 1 ( 1: (! ~,I' Sf. ! HOME PHONE: 303 - f).o ~ 033!!5 BUSINESS PHONE: 363- 0bi- 3077 APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ',. ATTACHMENT 1 THURSDAY, JULY 8, 2004 WHEAT RIDGE TRANSCRIPT Artists frame first Fridays with fun Local artist Terry Womble spray paints a sign advertising Wheat Ridge's First Friday Art Walk on West 38th Avenue and Teller Street. He said part of the problem might be publicity and resident interest. "A lot of people may not know we're here. I think a lot of it is just getting the word out and en. couraging people to participate," Buckler said. "People would re. ally like it if they could see what it's all about." Slack, who owns Studio 38 at 7060 W 38th Ave., is showing several pieces at the It's All Good Coffee Shop, 7210 W 38th Ave, owned by Darlene Wilson. Slack said his show, titled Seven Nights on 38th, will run through the month and is in- tended to rouse more art appre. ciation in Wheat Ridge. Womble said Buckler's shop, Slack's studio and Wilson's shop are the only venues he knows of in Wheat Ridge that feature the work of local artists. Linda Musser, an employee ATTACHMENT 2 WHEAT RIDGE f \C. " I ,. r t ~ r l 1 l i , t (, t t By KAnE NIEKERK Sentinel and Transcript Newspapers Business owners and artists in Wheat Ridge want you to go take a walk. Just make sure that walk happens every first Friday of the month at West 38th Avenue and Teller Street, and enjoy free food, artwork and community while you're at it. July 2 marked this summer's debut of Wheat Ridge's. own First Friday An Walk, showcas- ing the offerings of local artists such as Ed Slack and the Wheat Ridge An League Wheat Ridge artist Terry Womble said he and other art- ists hope the event becomes a regular gathering spot for resi- dents and families. "Historically, the area around here is aide Town Wheat Ridge, and it has so much potential. We want to eventually really give it an identity," Womble said. "This is a fun event that could use a boost from city and resident support." . The event's initial appearance in Wheat Ridge took place last summer and attracted about 300 people, Womble said. Womble said he thinks other Denver-area neighborhoods that put on first Friday art walks, such as Berkeley Park, are knit- ting a stronger sense of com- munity through the monthly get-togethers. "It gives people a chance to catch up With each other and just have a good time," he said. Bruce Buckler, owner of Cutting Edge Framing & Gallery, 7200 W 38th Ave., said even though local artists are hard at work, Wheat Ridge has yet to develop an identity as a city boasting a rich art culture. Photo by KATIE NIEKERK "A lot of people may not know we're here. I think a lot of it is just getting the word out and encouraging people to participate." Bruce Buckler owner, Cutting Edge Gallery of the coffee shop, said although community support hasn't been absent, it definitely could be stronger "We'd love to see more people at things like this and let them know we're here," she said. "We have three artists showing their work in here now, and their work is wonderful. We're always open to having more artists." For more information about first Friday art walks in Wheat Ridge, call Buckler at 303-421- 8400 I~ wvw.edwal Member SIP<< Edw~ Serving Jndivi Unda Kiser, We OJ . He. -a1 . Cot . We Pac 4045 Wa FRI ITEM NO' !) REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 9, 2004 TITLE: ELECTION COMMISSION APPOINTMENT o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ~ No <~~ 6 y Clerk r CltyM~~ EXECUTIVE SUMMARY: ApplIcatIons for Elections CommissIOn have been received by the City Clerk's Office from Karin Gallup and Peter F. Klammer for the vacancy on the ElectIOn Commission. The Council recently appomted one citizen to the commiSSIOn from District III One vacancy remains to be filled. The Election Commission consIsts of the cIty clerk and two (2) registered electors of the city The ElectIOn commissIOn assists the Office of the CIty Clerk in election procedures and process, establishes proof of resIdency qualification where residency is in question, and may participate in the coordinated county election canvass. The CouncIl may appoint one of the applicants to the remaining vacancy. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If an applicant IS not appointed to the ElectIOn commissIOn the vacancy will remain. AL TERNA TIVES CONSIDERED: Not appomt applIcant to fill the vacancy on the Election commission. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "1 move to appomt 2006." to the Election commissIOn, term to expire December 31, or, "1 move to deny the appomtment of to the Election commissIOn because " Attachments: I. Electlon Commission apphcation for Kann Gallup 2. Electlon Commission applIcation for Peter Klammer. Report prepared by: Pam Anderson, City Clerk ReVIewed by Randy Young, CIty Manager BOARD . . '.., _... ~. . . ..- - . ~ .....' r APPLICATION FOR APPOINTMENT TO THE f'~.... (.D <'l\ "'" \ 50 \ t)'^-~V (BOARD/COMMISSION/COMMITTEE) , DATE:-\ 712:2..1 QY I I DISTRICT: I 'fl: \ HOW LONG HAVE YOU BEEN A \'j.t.0V'- RESIDENT OF WHEAT RIDGE? I ARE YOU A I REGISTERED r VOTER? 10 AfV...t.. V'Nj c.-o (Y1. (VI ~ "". I. ~ (\l\..J.. +e . WHY ARE YOU SEEKING THIS Q...<:,h.'",- \.,... """"^1 (q)nt) (V\J;" ,tv) APPOINTMENT? ''0.-<.. (..C> f'\I'J.. m (jU... 1 DO YOU HAVE EXPERIENCE IN THIS AREA? I rJo ~ YOU EYER SERVED. OR ARE YOU I A~~ CURRENTLY ON A BOARD/COMMISSION/COMMITTEE NO AND IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR N') DUTIES? I SIGNATURE l<(1 -v-:-.- C~ r"\ 0 t , ..{' PLEASE PRINT OR ko.(\(") Cl(\\\ Ve' TYPE NAME: \ADDRESS:' 2ttigD Pl~';'u.. St-. ~IZIP CODE: ?,o;2 I Y IHOME PHONE:..?,).) r"1.W.5/;l ~ IBUSINESS PHONE: ~ c 3 -I.\?:A.o - \0 \f\ C) APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR flle~II~"-MooVel~dev~oanj.hun A1:%A C H MEN T 1 ~,t .!)}, ,.. . PLEASE APPLY ONLY FOR ONE BOARD OR COMIWsSt'ON' ~,:~!: ...1 I r CITY OF WHEAT RIDGE 04 JUL 13 PH 2: 3~ APPLICATION FOR APPOINTMENT TO THE: ;;:-(e C~( ~ (BOARD/COMMISSION/COMMITTEE) {? (}Jy ~oy l/ DISTRICT. ~ { (( . DATE. HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? .--.--:;- '<1 ~ ARE YOU A REGISTERED VOTER? y~ 5 WHY E Y U SEEKING THIS APPOINTMENT? CO'1VC~v- '-C e c (~ (C. ~-e .:Iru....> L.r.rC DO YOU HAVE EXPERIENCE IN THIS AREA? F kcfr.--rKcd Etlq(:reef'-F -ft~(t.u:l(re {JCr-oqcra?<-;. Wverr-- 11 Gf{Vr'~ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY oN A ../ BOARD/C ~SION/COMMITTEE AN~ IF SO, WHICH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? Signature ~:~~.^,v/<-..€~ PLEASE PRINT OR TYPE NAME: r e t ev- F ADDRESS: ::.32cPb f28c-d4- HOME PHONE: ;]0'5 2- -:s 3 qr--g~ BUSINESS PHONE: 367 cr (c;- ZG 9- ~ (~(~ \.1/), VVL e r ZIP: ~C)(J 3 ) APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ATTACHMENT 2 fp ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: August 9, 2004 TITLE: WEED MITIGATION o PUBLIC HEARING r8J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial: D r8J Yes No city~4 EXECUTIVE SUMMARY: The Weed Mitigation Program agenda item was placed on the August 9, 2004 City Council agenda by Councilmember DiTullio and Councilmember Stites. The program proposes that funding be allocated for the mowing and/or trimming of weeds in the public right-of-way (City property). The Wheat Ridge Code of Laws, Section 24-51 Weeds and Tall Grass Control, identifies the property owner, adjacent to a public right-of-way, as responsible for maintaining weeds in the public right-of-way. Staifis gathering cost estimates for completion of this task. The proposed areas for cleanup includes, but is not limited to, 29th, 32Dd, 38th and 44th Avenues, 1-70 Service Road as well as any north/south streets identified as cleanup sites. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: This service was eliminated as part of the 2003/2004 Budget Reduction Program. AL TERNA TIVES CONSIDERED: Not approve allocation of funding for the proposed Weed Mitigation program. FINANCIAL IMPACT: This Weed Mitigation Program is an unbudgeted item, which will require a budget supplemental appropriation from the General Fund Undesignated Reserves. Costs are unknown at this time. Staff is gathering cost estimates for completion of this task. RECOMMENDED MOTION: "I move that $ be allocated from the General Fund Undesignated Reserves for completion of a Weed Mitigation Program that includes mowing and/or trimming weeds in the public right-of-way. The area for cleanup includes, but is not limited to, 29th, 32Dd, 38th and 44th Avenues, 1- 70 Service Road as well as any north/south streets identified as cleanup sites." or, "I move to table indefinitely the allocation of funding for completion of the proposed Weed Mitigation Program for the following reason(s) " Report Prepared by: Debbie Meixner, Administrative Assistant (303-235-2819) Attachments: None 040803 CAF Weed Mitigation \ ~ ::.r, ''"i., '""i', "'\, "~~' ~~~~ .... - '~{", aty of Wheat Ridge \, \ Department of Public Works MEMORANDUM FROM: Randy Young, City Manager /// I Tim Paranto, Director of Public Works V TO: cc: DATE: August 9, 2004 Weed Maintenance in City Rights-of-Way SUBJECT: As requested, Staff has obtained preliminary estimates of costs to trim the weeds, as well as spray vegetation control chemicals to prevent the weeds from growing back, along major streets within the City. All or segments of the following streets have been included in the work to be performed: 44th Avenue 38th Avenue 29th Avenue 26th Avenue 41st Avenue 35th Avenue Ridge Road North 1-70 Frontage Road South 1-70 Frontage Road Youngfield Street Kipling Street Wadsworth Boulevard Pierce Street Harlan Street Two of the largest landscape maintenance firms in Denver were asked to provide preliminary estimates of the costs, based on assumptions of the widths of treatment required along each street. Both firms will develop firm proposals if the work is ordered by the City Council. Both firms recommended that the weeds be chemically treated after cutting to prevent immediate re-growth. The estimates are. American Civil Constructors TP Enterprises $30,000 $10,000 The vast difference in the estimates indicates that the companies are not envisioning the same project and work effort. I suggest that one firm has over-estimated the work, while the other has under-estimated the project. I expect that the final cost will be somewhere between the two estimates, $20,000.::t, if the project is pursued. As always, I am available to answer any questions you may have on this project. COUNCIL MEETING DATE: August 9, 2004 ITEM NO: REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ALLOW FOR THE USE OF BANNERS FOR THE 35TH ANNUAL CARNATION FESTIVAL AND PARADE o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date:) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No ~L" ~ ity Cler City Manager fu2- EXECUTIVE SUMMARY: The 35th annual Wheat Ridge Carnation Festival is scheduled for Friday, August 20; Saturday, August 21; and Sunday, August 22, 2004. The Carnation Festival will be held in Albert E. Anderson Park at 44th A venue and Field Street. The Carnation Festival Parade is scheduled for Saturday, August 2151 at 10:00 a.m. The parade will be on 38th A venue from Depew Street to Upham Street. City Council will need to consider a motion to allow for the use of banners for the 35th annual Wheat Ridge Carnation Festival and Parade. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A AL TERNA TIVES CONSIDERED: Not approve a motion to allow for the use of banners for the 35th annual Wheat Ridge Carnation Festival and Parade. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "1 move to allow for the use of banners for the 35th annual Wheat Ridge Carnation Festival and Parade scheduled for Friday, August 20th through Sunday, August nod." or, "1 move to deny approval for the use of banners for the 35th annual Wheat Ridge Carnation Festival and Parade for the following reason(s) " Report Prepared by: Reviewed by: Debbie Meixner, Administrative Assistant Pam Anderson, City Clerk Attachments: 1. None DATE: August 9. 2004 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING ANY AGENDA ITEM. EACH SUCH PERSON MUST SIGN THIS ROSTER, STATING NAME, ADDRESS, AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF, OR IN OPPOSITION TO, A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. PLEASE PRINT 111111 NAME ADDRESS AGENDA ITEM NO. " i ..... , ,\ i Q,' ., I ../ '" "- , .v' ./'" II..- ---- \J/ ff; ic . . v f- Olt-tt 8+, c KJ a M fV\ er- 320c <) , L k2- ~'-i ( 'Bf\...\.\"".c(o ,"c.li'" 5"<V2 1 L...) ') e:-f-..--. f L- aic> ) I -- I, t' t//2.is '7 /'''-L' . ~- V ~L'~" J ()M (E. ~,; (; ') .. .; , ......-.Iu ......,1 , .Y (/ /" ' 1..... PUBLIC COMMENT ROSTER DATE: August 9, 2004 ANY PERSON MAY SPEAK ON MATTERS r--- _ UUllU 1lIr-:~a!l~" 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 TOPIC OF COMMENT. I nnllf'i -"flltW_ NAME ADDRESS TOPIC QU<s. F\''V l.l, P~>VJiLA..A I. Jl.l":"'M ()\I)c S' /'\ '''' \:SSOOoO r \;-~~ \D , W\~ Q\0.9'f. Qi7' '- G f2- CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.1. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'TY COUNCIL CASE NO. ZOA-04-0S COUNCIL BILL NO. 14-2004 TITLE: COUNCIL BILL 14-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS (Case No. ZOA-04-05) YOUR NAME AND ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl @~1lW @@M(f!]@~[S ~~(f!](Wlf@@ CITY OF WHEAT RIDGE, COLORADO August 9, 2004 Mayor Cerveny called the Regular City Council Meeting to order at 7 00 p m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Administrative Services, Patrick Goff; Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF July 26, 2004 Motion by Mr DiTullio for the approval of the Minutes of July 26, 2004, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES May Cerveny read and presented Proclamation for Wheat Ridge Fire Protection District. CITIZENS' RIGHT TO SPEAK Russ Fitch, President of the Wheat Ridge Rotary Club, presented a check in the amount of $3,500 to Mayor Cerveny and the City Council as the Rotary Club's contribution to the Wheat Ridge Recreation Center. Joyce Ayres Cheryl Brungardt APPROVAL OF THE AGENDA Motion by Mrs Rotola to remove Item 6 from the agenda at this time; seconded by Mr Gokey; carried 5-3 with Mr Stites, Mrs Sang, and Mr. DiTullio opposed Motion by Mrs Sang to amend the agenda to add Item 7 MOTION TO ALLOW FOR THE USE OF BANNERS FOR THE 35TH ANNUAL CARNATION FESTIVAL AND PARADE, seconded by Mr Gokey and Mrs Rotola, carried 7-1 with Mr DiTullio opposed Motion by Mr Gokey to approve the agenda as amended, seconded by Mrs Sang, carried 7-1 with Mr DiTullio opposed CITY COUNCIL MINUTES August 9, 2004 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 14-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS (Case No lOA-04-05) Council Bill 14-2004 was introduced on second reading by Mr Stites Pamela Anderson assigned Ordinance No 1329 Ms Anderson read the executive summary Motion by Mr Stites to approve Council Bill 14-2004 (Ordinance No 1329) on second reading and that it take effect 15 days after final publication, seconded by???, Carried 8-0 Motion by Mr Gokey to amend paragraph five (5) to replace to read "all irrigation systems are strongly encouraged to be equipped...."; seconded by Mrs Rotola, defeated 3-5 with Mr Stites, Mrs Rotola, and Mr Gokey in favor ORDINANCES ON FIRST READING Item 2. COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2, 2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX. Council Bill 17-2004 was introduced on first reading by Mrs Adams Mrs Adams read the executive summary, the statement of the issues and the ballot language in the ordinance Motion by Mrs Adams to approve Council Bill 17-2004 on first reading, ordered published, public hearing set for Monday, August 23, 2004 at 7 00 P m in the City Council Chambers, and that it take effect immediately upon adoption at second reading, seconded by Mrs Sang, carried 8-0 Item 3. COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES Council Bill 16-2004 was introduced on first reading by Mr DiTullio Motion by Mr DiTullio to approve Council Bill 16-2004 on first reading, ordered published, public hearing set for Monday, August 23, 2004 at 7 00 P m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by Mr Gokey; carried 8-0 CITY COUNCIL MINUTES. August 9, 2004 Page -3- DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. Cultural Commission Appointment. Item 4 was introduced by Mr DiTullio Mr DiTullio read the executive summary Motion by Mr DiTullio to appoint Terry Womble of District I to the Cultural Commission; term to expire March 2, 2005, seconded by Mrs Sang and Mr. Schulz; carried 8-0 Item 5. Election Commission Appointment. Item 5 was introduced by Ms Berry Ms. Berry read the executive summary Motion by Ms Berry to appoint Karin Gal1up to the Election Commission, term to expire December 31,2006; seconded by Mr Gokey; carried 8-0. Item 7. Motion to Allow for the Use of Banners for the 35th Annual Carnation Festival and Parade Motion by Mrs Sang to CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS CITY COUNCIL MINUTES August 9, 2004 Page -4- Meeting adjourned at 8 04 P m Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 23, 2004 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 (tfftnlY"~"'~"" " ., .,~,., i ..~~",' , ..' ' ........ '\::', .. ' .. ~..:" " \; ,'.. :," .. ,"',- -"",. ,,' " " " " "" ",' '.: ',-,. " - ,.,"'" . .' ... . .. .. .... .. .. ~ . ..' , .., .. .. ~ ,- ._,' .. , '.. "', .. . , " CITY OF WHEAT RIDGE, COLORADO Auaust 9. 2004 t Mayor Cerveny called t~ Regular Cj1)t Council M~ting to order ..9l7:oo p.m. Councilmembers -AU~ present: Karep Adam("Karen Berry, Jerry DiTulli6, Dean Gokey, Lena Rotot('"Wanda Sang,..? Larry Schulz:' and Mike StiteCAlso present: City Clerk, Pamela Anderson; City Manager, Randy Young; City Attorney, Gerald Dahl; Director of Community Development, Alan White; Director of Administrative Services, Patrick Goff; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF Julv 26. 2004 Motion by Mr DiTullio for the approval of the Minutes of July 26, 2004; seconded by ~ carried ff....o. '.0 PROCLAMATIONS AND CEREMONIES ....- May Cerveny read and presented Proclamation for Wheat Ridge Fire Protection District. CITIZENS' RIGHT TO SPEAK APPROVAL OF THE AGENDA Motion by Mrs. Sang to amend the agenda to add Item 7: MOTION TO ALLOW FOR THE USE OF BANNERS FOR THE 35TH ANNUAL CARNATION FESTIVAL A~ PARADE;seconded~ed '1- J JAT.....u.fo ~ ~Oh~ ~~. azo~ -p ~ I~ ~ r-wn ~ ~ a.J ~l ,,~;, ~-U:J ~~ S"-3 Sh~ I ~~J YI IV\,lt1b ~~. . . (j) fiMhlM W, &~ ~J/ n(k~~~~' 7 -( p /r~l ,',; tlJiJ~ CITY COUNCIL MINUTES August 9, 2004 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. COUNCIL BILL 14-2004 - AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO LANDSCAPE REGULATIONS (Case No ZOA-04-05) 3gt) ~ Council Bill 14-2004 was introduced on second reading by Mr Stites. Pamela Anderson assigned Ordinance No /3 J..1. ~ 1--1~. /t1Ml~ ~ ~ -l.X.~'ve ~. HltY~(~ Il~ ~ ~$f?f1 ~ Motion by Mr Stites to approve Council Bill 14-2004 (Ordinance No 13.27 ) on sE!cond" reading and that it take effect 15 days after final publication; seconded by '? carried g> ,..- 0 ' f/foh'Qvl ~~ 1f 5" f) ru.eI.1 ~~~~~1t'n~ fi(j-1fe-tv1. ORDINANCES ~1R'~Nd"'~ ~t; ~??:~; lif/:t. Item 2. COUNCIL BILL 17-2004 - AN ORDINANCE SUBMITTING A BALLOT ~ QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 2, 2004 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX. Council Bill 17-2004 was introduced on first reading by Mrs Adams. Motion by Mrs Adams to approve Council Bill 17 -2004 on first reading, ordered published, public hearing set for Monday, August 23,2004 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption at second reading; seconded by ~ ,carried 8' -0 . Item 3. COUNCIL BILL 16-2004 - AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS PERTAINING TO NUISANCES Council Bill 16-2004 was introduced on first reading by Mr DiTullio Motion by Mr DiTullio to approve Council Bill 16-2004 on first reading, ordered published, public hearing set for Monday, August 23, 2004 at 7'00 p m. in the City Council Chambers, and that it take effect 15 days after final publication, seconded by ~ , carried !"-O. - 0 CITY COUNCIL MINUTES August 9, 2004 Page -3- DECISIONS, RESOLUTIONS. AND MOTIONS Item 4. Cultural Commission Appointment. M.. "h.""G Ll ~ ~-u:L~a~) Item 4 was introduced by Mr DiTullio · "Y' 0\ \I\.; IV q Motion by Mr DiTullio to appoint Terry Womble of District I to the Cultural Commission; term to expire March 2, 2005; seconded by ~ Jl ? carried Item 5. Election CommissiQn ~pointment. f. n _ ~ ~_ JVto~ h~~.~'tUMr ~:?-( "'--(J Item 5 was introduced by \vis Berry P--o. ~ Motion by Ms. Berry to appoint Karin Gallup ~ the Election Commission, term to expire December 31, 2006, seconded by t r ~ carried v - () ,(-'-0. Item 6. Weed Mitigation. Item was introduced by Mr Stites Motion by Mr Stites that be allocated form the General Fund Undesignated Reserves for completion of a Weed Mitigation Program that includes mowing and/or trimming weeds in the public right-of-way The area for cleanup includes, but is not limited to 29th, 32nd, 38th, and 44th Avenues, 1-70 Service Road as well as any north/south streets identified as cleanup sites; seconded by Mr DiTullio Item 7. Motion to Allow for the Use of Banners for the 35th Annual Carnation Festival and Parade . / ~.~ 120 fcrl c-. ' / ?-Q. Motion by CITY MANAGER'S MATTERS &03) CITY ATTORNEY'S MATTERS Q(?) ~~ ~c ~ ~(j !Jx' tU-h'vV. rt Q/t wvuf, (f w-,l/ ~ ELECTED OFFICIALS' MATTERS page .4- ~ ~ ~ ~{>rA 'j~.1 ~_~; 11.1' ~r ~JU>I~ V wu.J n<Af~ ~ () f -y I '" / D Ji- 1/;" Dffu.<-J ~ . ~ J -f, r;re:. ~" f?1"r ~ b- ~ ~ -h> ~o* , jJJfl1 ()Y1.- , et [wJoir b r;';' P7r"'~ ~-tiw. .., {)W'\" "}11 ak ~ ~ · T 6\iflA nuvh' ~ ~ . 1 V><fV' r1 tdi"t' ,- .....-f . ~:::::t ~fi~ -~ ~.." ~ ~, . Auj' ;b~ urr 1i,;,kY tr" ~ ,*lAJ-~ ~ : . wf<A - ~ v.,lZ ~~: ~ ,;..~tn'~~ 61cr _ u~~ c Jgt~r, If puD fW' , ):tMA"'- ~ IV u./lf-t J:.;:::- eve c I 0, ,,, ~ I v' .,.,U-u-i' "" we-, crN COUNCIL lAINU1ES p,uguSt 9,2004 - !;~r' (,n- N~ ~'i' CITY COUNCIL MINUTES August 9, 2004 Page -5- Meeting adjourned at ~"~ m. Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON AUGUST 23, 2004 BY A VOTE OF _ to _ Wanda Sang, Council President The preceding Minutes were prepared according to 947 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.