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HomeMy WebLinkAbout05/16/2005 - f}J' , . 'I '^1 .;, < /I I, ' (0', ' L_ ry 11 ,.., STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO S~~~e..~ PUBLIC WORKS SHOP Ci.~ C kK-V~",,_11220 W. 45th Ave. (45th & Pierson) ~v(., ~-yv\v 1\v '- ~ 7 \1-.J May 16.2005 \2a.'~ll\,~1 ,- \ 1 -h/\---" 1\, \ l/ (A;w' ' L;71. 6:00 p.m. Fr<-~~ud; \Su { f\ APPROVAL OF MINUTES - May 2, 2005 t-- \ c',\,~,vS ~ APPROVAL OF AGENDA Item 1. - 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 cp (c-vvc.~t ~ l':>~(lt~ <~ Abb. t+ ~~ fkV (; tl-J.i" rc;~vJ ~vtv-___ ~~ )~ 0::\ \)~~ (b VI ~V--n ~cl-t\z~/v-cY ' Staff Reports a) Budget Supplemental Appropriation - Senior Community Center Staff Position No Proof of Insurance Penalty Ordinance @ljM~W ~~@@~@~ I~~N~ 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: - 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 i ./... '. \ U \ \ ~',,'L \..../......;--.- Pamela Y Anderson, City Clerk ~ 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. mJ,., "1\ qP..." ....___4 ... I,,.,. ( ~ ~ I J r' f~. ""':; F:,_ 1-) -.! ~__ r J '., , j 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 - 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 - ----- Gretchen Cerveny, Mayor Approved As To Form --. -"~- Gerald E Dahl, City Attorney 3 M I \A.u-tc '> w __.Jt C~ '5/ IC (.J~ 'I C~" \1 -\-C' (, v-c(~v_ \'\a-~:-v rl.\, i<:,w\ ~v~- ~Ce-.lV M,x-ver- U \:';1"C-v'C" <'-'1 .Mr. JTnu.: /,-t ~,'~yi. 1- < 4e-v\i.L.Kl-? ~"'L ~cc:lu.-"'J<J '-tL,../j,\,L ';.L lu..J ..... ~ ,\t{h)'vy i='..... 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