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STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
S~~~e..~ PUBLIC WORKS SHOP
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APPROVAL OF MINUTES - May 2, 2005
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APPROVAL OF AGENDA
Item 1.
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Item 2.
Item 3.
Item 4.
Public Works Shop Tour (600 pm)
DINNER AFTER TOUR
Joint Meeting with the Board of Adjustment (7 00 pm)
a) Discussion of Council Bill 05-2005
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Staff Reports
a) Budget Supplemental Appropriation - Senior Community Center
Staff Position
No Proof of Insurance Penalty Ordinance
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CITY OF WHEAT RIDGE, COLORADO
Mav 2. 2005
Mayor Cerveny called the Study Session meeting to order at 6 30 P m City Council
members present: Jerry DiTullio, Wanda Sang, Dean Gokey, Mike Stites, Larry Schulz,
Lena Rotola and Karen Adams Karen Berry was absent due to illness Also present:
Randy Young, City Manager; Tim Paranto, Director of Public Works, Dan Brennan,
Chief of Police, Alan White, Director of Community Development; City Clerk Pam
Anderson
Approval of Minutes of April 18, 2005
Motion by Mr DiTullio to approve the Minutes of April 18, 2005, seconded by Mr Stites,
carried 7-0
Item 1.
Staff Reports
(1a). Unnecessary Noisel Disturbing the Peace Ordinance:
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Police Chief Dan Brennan presented a staff report on a proposed ordinance repealing
and re-enacting the Unnecessary Noisel Disturbing the Peace Ordinance Discussion
and questions followed Direction was given to proceed with Option 1 of the
recommendations to permit the police to be the complaining parties and provide an
objective measure of unreasonable noise !
(1b). Joint EOC with the City of Lakewood:
Chief Brennan presented the staff report and briefed Council on the options for a joint
Emergency Operations Center with the City of Lakewood Direction was given to
authorize the City Manager to enter into an agreement for a study on the feasibility of a
joint EOC The City of Wheat Ridge's portion of the cost is not to exceed $3,000 00
(1c). Revenues Report Briefing
Patrick Goff, Deputy City Manager, briefed the Council on the Memorandum dated April
14,2005 regarding the 2005 1S1 Quarter Budget Report.
STUDY SESSION MINUTES: May 2, 2005
2
Item 2.
Community Graffiti Response Plan
Chief Brennan presented background, current policies and procedures, and proposed
alternatives for a Community Graffiti Response Plan The alternatives included
coordination across departments for reporting of graffiti on rights-of way, parks, and
greenbelts, prevention programs, a graffiti hot-line, and potential out-sourcing of graffiti
clean-up Discussion followed
Direction was given to proceed with the graffiti hot-line and education piece but not to
pursue out-sourcing of graffiti clean-up at this time
The meeting was recessed at 7 50 P m The meeting resumed at 8 00 P m Chief
Brennan did not return
Item 3.
Public Improvements
Alan White, Community Development Director, and Tim Paranto, Public Works Director,
presented the staff report on this item This issue resolved around the conflicting
regulations in Chapter 5 and Chapter 26 of the Code of Laws regarding what the City
can require for the construction of public improvements
A discussion followed on the options for policy and administration of public
improvements Direction was given to come back to Council with a draft map identifying
the various conditions of public improvements through the City
Item 4.
Fleet Replacement and Service Intervals
Tim Paranto, Public Works Director, presented the staff report on this item He detailed
the review and amendments to the Fleet Replacement Schedule and Service Intervals
and the recommendation of staff regarding the policy
Discussion followed and direction was given to proceed with the policy as
recommended
Item 5.
Discussion of June Town Meeting
Mr Schulz and Mrs Rotola presented the draft Town Meeting Agenda and discussion
followed Assignments were given to Council members for topics
Meeting adjourned at 9 23 p m
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Pamela Y Anderson, City Clerk
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APPROVED BY CITY COUNCIL ON May 16, 2005 BY A VOTE OF _ to_
Lena Rotola, Council President
May 16, 2005
SUPER MAJORITY VOTE FOR APPROV AL, BOARD OF ADJ1JSTMENT
The Board of Adjustment works as a deSignee of the City CouncIl. It would seem logtcal that the
Council would expect that their deSignee to be conservatIve In the vanance of their previously
considered. and voted upon, ordmances. Therefore. It would seem reasonable that a citizen or
busmess entity would bc reqUired to convmce a super-maJonty of the deSIgnees that a reasonable
exceptIOn to thc ordinances can be made
2 The citizens should be able to rely upon an expectatIOn of substance and normalcy within their
government controlled ell1/lronment. As to that: they should be able to expect that an ordinance
passed upon by their elected offiCials WIll not be easIly vaned by elected offiCIal's appomted
deSIgnees
.3 PublIc dIssatIsfactIOn IS mmlmal regardmg the long prevailIng super maJonty rule, and IS
overwhelmingly confined to appellants who have not prevaIled. A more broad-based outcry. from
cffectcd parties. may be generated by a Iessenmg of the voting rule reqUirements. as outlined in
items # I and 2
4 BOA approvals run With the land. not the appellant. The actlVltv vaned IS not likely revcrsible
The pnmary test for approval of a vananee request IS the demonstratIOn by the appellant of the existence
of a "hardshlp" created by the ImpositIOn of the ordmanee. If a hardship IS adequately demonstrated to the
Board. then other considerations such as. neighborhood objectIOns or approval of the request. ncgatlve
Impacts upon traffic. prOVISIOn for air and IIglIt. dralllage. accommodatIOn for a disability. general
Improvement to the neighborhood. etc come 1I1to play Without the demonstratIOn of a slgmficant
hardshIp bClllg addressed by the vanance, to a Icvel acceptable to a super maJonty of the Board. it IS my
opmion that the City Attorney and prevIOus CounCils have opmlOned agamst vanance ThIs adVIce has
been m general terms: allowmg flexibilIty and mterpretatlon to the Board 111 determmmg the vahdlty and
apphcabllity of the hardshIp as put forth by the appellant. None the less. the hardshIp test remaInS
pnmary
It has been my expenenee on the Board of Adlustment. that a super-maJonty vote for approval of a
vanance request IS generally achievable. for a request that IS logIcal. reasonable. and that addresses a
slgmficant and demonstrable "hardship" wtthm the parametcrs of the appcllant's sItuation. In vananee
requests where the hardshIp IS not demonstrated slgmficantly. two outcomes occur' The vanance request
achlevcs a Simple maJority m favor but not a super-m~Jont\ and therefore falls And much more
commonly. the request achieves less than a m~lonty m favor and thereby faIls Therefore. applicatIOn of a
simple maJont\ as the standard for vanance approval will only change the outcome of a few ven
marginal cases. Very margmal m the sense that the argument(s) made for hardship were not convlllclllg or
substantial enough to allo\', a super maJonty of the Board members to vote for approval. wlthm the
flexibility allowed them.
If It IS the deSire of the City Councl I to lower the bar for votmg approval of vanances by the Board of
Adjustment. one area comes to mmd. SpeCIfically relatcd to "setback" reqUirements. I would suggest a
lcssonmg of the "hardshIp" hurdle, and a broadcning of the ordinance language rdatt;;d to "setbacks"
TIus could go a long way m allowing the cItizen or busllless entIty to lessen the demonstrable hardship
needed Within then argument. and allow the Board to focus more pnmanly upon the "Reasons" and
"ConditIOns" of a vanancc application. T1us would allow community standards to prevaiL Without
SituatIOns proVidIng lIttle or no COl11l11Ul1lty bcnefit bemg reqUlrcd to eontll1ue
Tom Abbott
Member. Board of AdJustment
Item 2.
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 05
Ordinance No. ---.l.li3
Series of 2005
DITULLIO ~~
~
TITLE:
AN ORDINANCE AMENDING SECTION 2-53 (d) OF
THE WHEAT RIDGE CODE OF LAWS PERTAINING
TO VOTING RULES FOR THE BOARD OF
ADJUSTMENT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT'
Section h SectIOn 2-53 (d) of the Wheat R1dge Code of Laws IS hereby amended as
follows.
(d) All matters requiring deCIsion by the board of adjustment (or for any matter
requmng dec1slon by the planmng commISSIon or the city councIl under SectIOn 26-115 C.2
of the Zoning Ordinance of the CIty) shall be taken by majority vote of the members present.
Section 2. Safetv Clause. The CIty Council hereby finds, determines, and declares
that th1S ordinance IS promulgated under the general polIce power of the City of Wheat
RIdge, that 1t is promulgated for the health, safety, and welfare of the publIc and that thIS
_ ordinance IS necessary for the preservatIon of health and safety and for the protectIOn of
public convenience and welfare. The City Council further determines that the ordinance
bears a rational relation to the proper legIslative object sought to be attained.
Section 3. SeverabilItv; ConflIcting Ordmances Repealed. If any section, subsection
or clause of thIS ordmance shall be deemed to be unconstItutional or otherwIse mvalId. the
valIdIty of the remammg section, subsectIOns and clauses shall not be affected thereby All
other ordmances or parts of ordmances in conflict with the provisions of thIS ordmance are
hereby repealed.
Section 4. Effective Date. ThIS ordmance shall take effect 15 days after final
publIcatIon.
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of~ to
~ on thIS ~day of April , 2005, ordered publIshed m full m a newspaper of
general circulation in the City of Wheat Ridge and Public Hearmg and consideration on final
passage set for Mav 9, 2005, at 7'00 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
Council Bill 05-2005, Ordinance 1343, continued to May 23, 2005.
READ, ADOPTED AND ORDERED PUBLISHED on second and final readIng b)
a vote of _ to _' this _ day of ,2005
SIGNED by the Mayor on this _ day of
,2005
GRETCHEN CERVENY, MAYOR
ATTEST
Pamela Y Anderson
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
I st PublicatIOn: April 14, 2005
2nd PublicatIOn:
Wheat Ridge Transcnpt
Effective Date:
Item 3. a..
CIty of Wheat Ridge
Office of the Parks and Recreation Director
Memorandum
TO'
Randy Young, CIty Manager
FROM.
Joyce Manwanng, Parks and RecreatIOn Dlrector~
'J
DATE'
May 18, 2005
SUBJECT
Remstate .5 FTE, RecreatIOn Clerk Selllor Center
As part of the budget reductIOns for the 2004 budget, one posltlon at the Semor Commulllty Center was
reduced from 1 Full-tIme Employee (FTE), Recreation Clerk to .5 FTE or 40 hours per week wIth benefits to
20 hours per week wIth benefits.
The Impact of thIS reductIOn was a reduced level of customer servIce, reduced coverage of the front desk
resultmg m a lack of contmUlty and closure of the bUlldmg on Fnday afternoons. Some of the mam dutles of
thIS posItIon mclude answenng phones, processmg prol:,'Tam reglstratlons and refunds, covenng the front desk,
mOllltonng the hotlme for tnps and tours, as well as coordmatmg certam types of facilIty mamtenance.
Other dutIes that were eIther absorbed or were no longer possible to proVIde are lIsted below'
· Track Glvmg Tree donatIOns
· Oversee commulllty resource mformatIOn that IS aVaIlable for semors
· Mam contact for RecTrac RegIstratIOn software
o Troubleshoot, work wIth RecreatIOn Center
· Mam contact for computer & phone Issues
· Oversee computer classes
· Oversee lIterature m bmldmg, meludmg flyers, CIty Councll mmutes, etc
The 2005 budget meluded funds for a part-tIme employee for front desk coverage. With the rem statement of
this posItIOn to forty hours per week, the balance ofthe part tlme employee appropnatIOn (approx. $3,000)
will not be expended.
The addItIOnal cost of mcreasmg thIS posltlon for the remamder of the budget year effectlve begmnmg June 6,
2005 IS $11,664 whIch meludes the savmgs of$3,000 lIsted above.
The total cost for thIS pOSItIOn on an annual baSIS IS $47,658 ThIS amount mcludes the costs of benefits.
Remstatmg thIS posltlon reflects the CIty CouncIl Goal 7, More LeIsure Amemtles by provldmg more
facIlItles and prol:,'Tams for Semors.
Item 4.
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MEMORANDUM
TO
Mayor and Council
FROM:
Carmen Beery
DATE.
May 10, 2005
RE.
No Proof of Insurance Penalty Ordinance
The City of Wheat Ridge has adopted the Colorado Municipal Traffic Code
(MTC) by reference The MTC, as adopted and amended by the City, governs traffic
and vehicle operations within the City Provisions of the MTC generally mirror their
counterpart state traffic statutes, located in Title 42 of the Colorado Revised Statutes.
_ Last year, the Colorado Legislature adopted a bill that amended certain
provisions of C R.S Title 42. House Bill 04-1193 amended several statutes concerning
the operation of a vehicle without valid proof of insurance The general intent of the bill
was to make penalties for insurance violations harsher to achieve greater compliance
The bill's provisions became effective on January 1, 2005
CR.S I] 42-4] 409 is trle state "no proof of insurance" (NPOI) statute This statute
establl'lhes the compulsory insurance requirement and sets forth penalties for violations HB
04 1 193 amended the statute in two ways 11) mandatory minimum fines were Increased,
and (2) fifty percent (50%) of fines collectecJ for NPOI violations were directed to be transferred
to the local law enforcement agency that issued the ticket.
M1C "ection 1409 mirrors CR.S 9 42-4 ] 409 The attached ordinance adds a new
penalty provIsion to the MTC as adopted and amended by the City. so the City'S NPOI
provIsIons once again conform with tile state NPOI statute
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No
Ordinance No
DRAFT
Series of 2005
TITLE AN ORDINANCE ADOPTING MANDATORY MINIMUM PENALTIES FOR
VIOLATING THE VEHICLE INSURANCE PROVISIONS OF THE MODEL
TRAFFIC CODE, AS ADOPTED BY THE CITY, AND AUTHORIZING THE
RETENTION OF FIFTY PERCENT OF SUCH COLLECTED PENALTIES AS
AUTHORIZED BY LAW
WHEREAS, pursuant to Part 2 of Article 16 of Title 31 of the Colorado Revised
Statutes, and Section 5 16 of the Wheat Ridge City Charter, the City possesses the
authority to adopt codes and parts thereof by reference, and
WHEREAS, pursuant to this authority and by Ordinance No 1297, 2003 Series,
the City previously adopted the 2003 edition of the Model Traffic Code for Colorado and
certain amendments thereto, codified at subsection (b) of Section 13-2 of the Code of
Laws of the City of Wheat Ridge ("Code of Laws"), and
WHEREAS, by House Bill 04-1193, the Colorado legislature adopted certain
amendments to Article 4, Title 42, Colorado Revised Statutes, including mandatory
minimum penalties for violating the compulsory vehicle insurance statute, and
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WHEREAS, the contents of said Article 4, Title 42 are generally mirrored in the
Model Traffic Code, and
WHEREAS, in the interest of maintaining conformity with the state traffic statutes
after which the Model Traffic Code was patterned, the City desires to enact certain
mandatory minimum penalties and to permit the retention of a portion of such penalties,
as provided in C R.S 942-4-1409
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO'
Section 1 Subsection (b) of Section 13-2 of the Code of Laws, which sets forth
amendments to the 2003 Model Traffic Code, as adopted by the City, is hereby
amended by the addition of a new paragraph (15), to read in its entirety as follows.
(15) Part 17, concerning Penalties and Procedure, is hereby amended by
the addition of a new section 1718, which section shall read as follows
"1718 Penalty - Compulsory insurance
(1) Notwithstanding the provisions of Section 1701 of this Code, any
1
person who violates section 1409 of this Code shall be punished by a
minimum mandatory fine of not less than five hundred dollars ($500 00)
The court may suspend up to one half of the fine upon a showing that
appropriate insurance as required by law has been obtained Nothing
herein shall be construed to prevent the court from imposing a fine greater
than the minimum mandatory fine
(2) Notwithstanding the provisions of Section 1701 of this Code, upon a
second or subsequent conviction under section 1409 of this Code within a
period of five years following a prior conviction under said section 1409, in
addition to any imprisonment imposed, the defendant shall be punished
by a minimum mandatory fine of not less than one thousand dollars
($1,00000) The court may suspend up to one half of the fine upon a
showing that appropriate insurance as required by law has been obtained
(3) Fifty percent of all fines collected pursuant to this Section 1718 shall
be deposited in the Hotel/Motel Fund to be used for community policing
and crime prevention projects and purposes. The remaining fifty percent
shall be deposited in the General Fund
Section 2 SafetL91ause 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_~ Severabili!y; Conflicting Ordinances Repealed If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby All other ordinances, parts of ordinances or codes adopted
thereby in conflict with the provisions of this ordinance or the code or ordinance
adopted hereby are hereby repealed
Section 4 Effective Date This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5 11 of the Charter
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this day of , 2005, 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 , 2005, at 7 00
o'clock pm, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2005
2
SIGNED by the Mayor on this
ATTEST
Pamela Anderson, City Clerk
First Publication
Second Publication
Wheat Ridge Transcript:
Effective Date
--
day of
,2005
-
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Gretchen Cerveny, Mayor
Approved As To Form
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Gerald E Dahl, City Attorney
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