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HomeMy WebLinkAbout07/28/2008 6:30 p.m. Pre-Meeting ~~!Wfl~;\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING Julv 28. 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF Julv 14. 2008 PROCLAMATIONS AND CEREMONIES Proclamation for Relay for Life Proclamation for 2008 National Night Out - July 28, 2008 CACP Pioneer Award 5th Annual Business Awards 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 item is called to be heard. APPROVAL OF AGENDA CITY COUNCIL AGENDA: July 28, 2008 Item 1. Page -2- CONSENT AGENDA A. Resolution ~8-200l~. - Amending the fee schedule for criminal justice records of the Wheat Ridge Police Department and the Wheat Ridge Municipal Court. B. Resolution 39-2008 - Amending the fiscal year 2008 budget to reflect the approval of a supplemental budget appropriation in the amount of $7,344.00 for the renewal of the annual maintenance agreement for the Channel 8 Community Bulletin Board Software. C. Approval of Award ITB-08-27 2008 Minor Street Improvements Project in the total amount not to exceed $182,273.51. D. Motion to accept Right-of-Way at southeast corner of West 32nd Avenue and Youngfield Street. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Item 3. Council Bill 1 0-2008 - An Ordinance authorizing the approval of a change of zoning conditions on property zoned planned commercial development and for approval of an amended outline development plan at 6340 W. 38th Avenue. (Case No. WZ-08-02/Shaw Sign for Highland South and West) Council Bill No. 11-2008 - An Ordinance amending Sections 17.1, 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of Lakes and Waterways within the City. Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat Ridge Code of Laws concerning Historical Landmark Designation. (Case No. ZOA-08-03) ORDINANCES ON FIRST READING Item 4. Item 5. Council Bill 13-2008 - An Ordinance providing for the approval of change of zoning conditions on property zoned Planned Commercial Development and for approval of an amended outline development plan for property In~-!:It.o.N o::lIt ':l7nn L{'inlinn ~+r.o.o.+ IVV~""\"I I;t;"'''''.vv I'II-'IIII~ _................ (Case No. WZ-08-04) (City of Wheat Ridge) CITY COUNCIL AGENDA: July 28, 2008 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT Page -3- ~~--- CITY OF WHEAT RIDGE, COLORADO Julv 14. 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Karen Berry, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Director of Public Works, Tim Paranto; Director of Parks & Recreation, Joyce Manwaring; staff; and interested citizens. Council Member Dean Gokey was absent. APPROVAL OF MINUTES OF June 23. 2008 and Julv 7. 200~ Motion by Mrs. Sang for approval of the Minutes of June 23, 2008; seconded by Mr. Stites; carried 6-0 with Ms. Berry abstaining due to her absence at the meeting; Motion by Mrs. Sang for approval of the Minutes of the Special Meeting of July 7, 2008; seconded by Mr. Stites; carried 6-0 with Mr. Womble abstaining due to his absence at the meeting. PROCLAMATIONS AND CEREMONIES Mayor's Public Art Funding - Campaign Kickoff!!! Mayor DiTullio distributed brochures to City Council and related how he and Mr. Abbott came up with the idea of starting this project. The following letter was read into the record by City Clerk Michael Snow: Dear Wheat Ridge Stakeholder, We hope this letter finds you and your family well. While there has been talk about the benefit of public art to our City, there has not been a lot of movement to engage our citizens, our business community, our Cultural Commission or our local artists into the public art process. There are many tangible benefits and there is a lot of "pop" in pubiic art. The Mayor's Office, along with various volunteer citizens, has engaged local and Wheat Ridge artist Kevin Robb to create a sculpture for public art. To purchase the sculpture, we are initiating a fundraising effort within our community. Our Cultural Commission will be determining the final sculpture (see Kevin Robb Studios insert) through their established processes. The Cultural Commission has developed a short list of locations within the City and will also be determining the final location for the sculpwre that will have most visibility and "pop" for our community. We have committed to raise $50,000 to purchase the sculpture through private and public donations. We have also engaged the Wheat Ridge Foundation in this effort. The Wheat Ridge Foundation will safely hold CITY COUNCIL MINUTES: July 14, 2008 Page -2- the donations, similar to the process of funding the synthetic turf fields at Wheat Ridge High School. Contributions to the Foundation are tax deductible. We are asking you to help us raise the funds necessary for this outstanding public art project. If this effort is successful, there is no reason why we cannot build on this; and Wheat Ridge will develop a strong and well funded public art program. We need your help! Our goal Is to have the funds collected within one year or less of this kickoff campaign. The campaign was kicked off at the July 14"' City Council meeting. We have already personally donated to this cause to help prime the pump! Please send your tax deductible donation to: Wheat Ridge Foundation Attn: Mayor's Office 7500 W. 29"' Ave. Wheat Ridge, CO 80033 Check Payable to: Wheat Ridge Foundation Check Memo: Public Art Campaign We enthusiastically encourage you to help us raise personal and cMc awareness, regarding the benefits of a public art program within our community. To paraphrase "lakewood is Art" (www.LakewoodisArt.com): "Beyond its enriching economic and personal benefits, public art is a true symbol of a city's maturity. It increases a community's assets and expresses a community's positive sense of identity. It helps green space thrive, enhances roadsides, pedestrian corridors, and community gateways; it demonstrates unquestionable civic and corporate pride in citizenship and affirms an educational environment. A city with public art is a city that thinks, feels and grows. Why Public Art? "The impact of public art on a community is priceless and immeasurable and once experienced it only appreciates. Public art has the power to energize our public spaces, arouse our thinking, and transform the places where we live, work, and play into more welcoming and beautiful environments that invite interaction. Public art can express community values, enhance our environment, transform a landscape, heighten our awareness, or question our assumptions. Placed in public sites, this art is there for everyone, a form of collective community expression." let's bring excitement to Wheat Ridge. The "Train for Public Art" is leaving the station! Join the Effort! All aboard! Please feel free to contact us with any questions. Thank you. Jerry DiTullio Mayor, City of Wheat Ridge ierrvditullio@lcomcast.net Tom Abbott 2007 Wheat Ridge Volunteer ofthe Year tomisabbott@laol.com Tom Abbott stated he is really excited about this project and he is looking forward to working with Mayor DiTullio. Mayor DiTullio presented a personal check in the amount of $1 ,000 to the Wheat Ridge Foundation through Joyce Manwaring, while Mr. Abbott promised a personal donation of $2,500 to be donated this week. CITY COUNCIL MINUTES: July 14, 2008 Page -3- CITIZENS' RIGHT TO SPEAK Cheryl Brungardt, chair of the WR Housing Authority, announced that the last Parkside unit has been sold and that a duplex will be coming on the Market at the end of this week on Allison; they also have a 2-bedroom and a 4-bedroom on Parfet Street. Information is on the City's website and Channel 8. She thanked City Council for granting them money to leverage a grant from the State Division of Housing. Rob Osborn spoke on behalf of Wheat Ridge 2020, to provide citizens a briefing on the programs and progress the organization is engaged in to revitalize Wheat Ridge. Mr. Osborn's presentation is included in this packet. Mr. Osborn thanked Mrs. Sang for her donation of the Wine & Dine facility fees on October 2, 2008. Item 1. CONSENT AGENDA A. Resolution 34-2008 - A Resolution approving an Intergovernmental Agreement (IGA) between the Jefferson County Department of Health and Environment and the City of Wheat Ridge for Cooperative Mosquito Management Program in the amount of $6,567.00. B. Resolution 35-2008 - A Resolution approving an Intergovernmental Agreement (IGA) between the City and County of Denver and the City of Wheat Ridge for the Provision of Services and Aid in Preparation for and during the Democratic National Convention. C. Resolution 36-2008 - approving a Contract with the Colorado Department of Transportation for Installation of PedestrianlSchool Crossing Improvements at 44th and Miller Street. D. Authorize the use of XCEL funding to bury XCEL Electric Power Lines on Kipling Street adjacent to the proposed park at 38th Avenue and Kipling Street. E. Approval of Award ITB-08-24 UV Installation at the Recreation Center Pools in the total amount of $49,970.00 to CEM Sales and Service, Englewood, Colorado. F. Cancellation of July 21, 2008 City Council Study Session. Consent Agenda was introduced and read by Mr. Stites. Motion by Mr. Stites for approval of the Consent Agenda; seconded by Mrs. Rotola; carried 7-0. CITY COUNCIL MINUTES: July 14, 2008 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. Council Bill 02-2008 - An Ordinance Amending Code Of Laws Section 26- 711, concerning Billboards in the B-2 Billboard District And Repealing Section 26-711.8 (Public Hearing continued from 2/25/2008, 4/14/2008, and 6/9/2008). Mayor DiTullio continued the public hearing. Council Bill 02-2008 (Ordinance 1408) was introduced on second reading by Ms. Berry, who read the Executive Summary. City Attorney, Jerry Dahl, presented the staff report. Steve Gurr, attorney, representing CBS Outdoor, spoke on behalf of various proposed changes in the Ordinance and in Staff's recommendations. Mr. Gurr expressed opposition to the Ordinance based on the risk it poses to the existing Billboard structure owners vested rights. The Ordinance gives a property owner the ability to abandon these rights without anybody knowing about it. This could lead to a taking claim against the City. Steve Richards, Manager of Mile High Outdoor, spoke in opposition to the ordinance and urged Council not to approve it. Mr. Richards believes the Ordinance gives property owners the right to strip business owners of their permit rights. Dan Scherer, General Manager of CBS Outdoor, spoke in opposition to the Ordinance and give extensive history of the process that culminated in this proposed Ordinance. He and his company believe this is unconstitutional. Eliminate litigation. Tom Abbott, spoke in favor of passage of the Ordinance with the "Option B" changes proposed in the Council Packet; believes the CBS Outdoor actions have caused the confusion on the matter; believes the Ordinance gives property owners the ability to leverage healthy competition in the Billboard industry; property owners should have the right to compete for the usage of their property; requests that Council approve the Ordinance and the proposed Staff changes in "Option B". Shawn Baker, future potential billboard owner or property owner, has been leasing properties for 25 years; agrees with recommendations to approve the Ordinance; opposes changing the number of biiiboards in WR from 16 to 18. He wouid like to increase the setback requirements. Mayor Di Tullio asked Mr. Snow to read the Mayor's e-mail into the record. The e-mail was mailed to Council and staff and reads as follows: CITY COUNCIL MINUTES: July 14, 2008 Page -5- Council, I wanted to share an e-mail with you that I sent to Councilmember Adams a few days ago: Jerry Dahl will give the staff report for. the Ordinance Monday night. All things considered, staff and I are recommending "Option B" with the amendments listed in the packet. I think I need to veto the Ordinance if any amendments are passed Monday night that remove the property owners from control. Sorry about that..Call me if you have any questions. I've become closer to the Billboard Ordinance more than I ever wanted to. @ The public hearing has been continued on several occasions so I will: 1. Allow Jerry Dahl to make a quick staff report. 2. Take any additional public comment. 3. Council questions/comments. 4. Close the public hearing. 5. Call for a motion. I strongly encourage Council to pass "Option B" with all amendments recommended by staff and to allow the tow (2) new billboards. Old code allowed 16 and the new ordinance allows 1 8 along the 1.70 corridor. Allowing the two (2) new billboards will exercise the new processes and open up the market somewhat, which has been closed for a long time. I will bring copies of this e-mail Monday night and ask the Clerk to read into the record. This issue is NOT quasi'judicial. Thanks Mayor Jerry DiTullio Mr. Dahl recommended, based on Council comments, that a motion be made to postpone indefinitely the proposed Ordinance. Mayor DiTullio closed the Public Hearing. Motion by Ms. Berry to postpone indefinitely Council Bill 02-2008, Ordinance 1408; seconded by Mr. Womble and Mrs. Rotola; carried 7-0. ORDINANCES ON FIRST READING Item 3. Council Bill 11-2008 - An Ordinance amending Sections 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of Lakes and Waterways within the City. Council Bill 11-2008 was introduced on first reading by Mrs. Langworthy who read the Executive Summary. Motion by Langworthy to approve Council Bill 11-2008 on first reading, order it published, public hearing set for Monday, July 28, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; I further move to add definition of Waterways, which reads "Section 17-1 Waterway means the portions lena Gulch and Clear Creek within City limits" seconded by Mrs. Rotola; carried 7-0. CITY COUNCIL MINUTES: July 14, 2008 Page -6- Item 4. Council Bill 12-2008 - An Ordinance amending Article IX of the Wheat Ridge Code of Laws concerning Historical Landmark Designation. (Case No. ZOA-08-03) Council Bill 12-2008 was introduced on first reading by Mr. Stites, who read the Executive Summary. Motion by Mr. Stites to adopt Council Bill 12-2008 on first reading, order it published, public hearing set for Monday, July 28, 2008 at 7:00 p.m. in the City Council Chambers, and that it take effect immediately after final publication; seconded by Mrs. Sang; carried 6-1 with Mr. Womble voting No. DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Public Meeting on 2009 Budget. Item 5 was introduced by Mrs. Sang, who read the Executive Summary. No citizens were present to speak on the 2009 City Budget. Item 6. Resolution 37-2008 - A Resolution approving a Memorandum of Understanding among Metro Denver's Cities and Counties promoting Health and Wellness. Resolution 37-2008 was introduced by Mrs. Sang. Michael Snow read the executive summary. Motion by Mrs. Sang to approve Resolution 37-2008; seconded by Mr. Womble and Mrs. Rotola; carried 7-0. ELECTED OFFICIALS' MATTERS Mrs. Rotola related the new pool is very popular and a great success; congratulations to Joyce Manwaring and her staff for the hard work in bringing the new pool to the City. Mr. Stites asked all citizens to try to do one new positive thing for the City and its citizens; find and buy it in Wheat Ridge. Counciimembers sent good wishes to jim Payne and family and Mr. Gokey and family. CITY COUNCIL MINUTES: July 14,2008 Page -7- Mr. Womble supports Mr. Stites' goal to help people in the community. He is very pleased with the direction the City is taking concerning Art and thanked the Mayor and Tom Abbott for the Public Art Funding Campaign. Mayor DiTullio announced the citizen bus tour for the WR2020 rehabilitated properties on Saturday, July 19th, at 10:30 a.m., bus leaving from the SeniorlCommunity Center located at 35th & Marshall Street. He thanked the Wheat Ridge Housing Authority and WR2020 for their status reports under public comment. He stated that fireworks are illegal in the City of Wheat Ridge; please remember your civic duty to not use illegal fireworks due to fire safety hazards; The Police Department committed additional personnel to staffing the Patrol Operations Division during this holiday weekend. On Friday July 4th, and Saturday July 5th the department scheduled two (2) additional officers on overtime to assist with the call load. This was in addition to the normal compliment of officers assigned for regular patrol duties. These officers were assigned to work from 8:00 p.m. to 2:00 a.m. During this time frame, the department had approximately 13-14 patrol officers working, as well as two supervisors. During the Fourth of July holiday, the department handled 544 calls for service, 80 of these were firework complaints. One of these calls for service was related to a fire directly related to the illegal use of fireworks. He commended the work of the Wheat Ridge Police Department over the 4th of July weekend and reminded citizens that the improper use of fireworks places first responders (police and fire personnel) at unnecessary risk due to emergency responses to complaints attributed to the illegal use of fireworks. Meeting adjourned at 8:34 p.m. ~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON JULY 28, 2008 BY A VOTE OF to Mike Stites, Mayor pro tem 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. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ""~""<;:"'.'"'' '~'r"~"'~ PROCLAMATION REGOGNITION AND SUPPORT AMERICAN CANCER SOCIETY RELAY FOR LIFE WHEREAS, The American Cancer Society is a nationwide community-based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer, through research, education, advocacy, and service; and WHEREAS, Relay For Life is the signature activity of the American Cancer Society celebrating life, honoring cancer survivors, raising funds to fight cancer and heightening the awareness of cancer within the Wheat Ridge community; and WHEREAS, There are an estimated 10.5 million Americans with a history of cancer alive today and 1 in 3 Americans will be diagnosed with cancer in our lifetimes; and WHEREAS, This year alone, more than 1.4 million new cases of cancer will be diagnosed in the United States; and 19,190 cases in the state of Colorado; and WHEREAS, Money raised during the American Cancer Society Relay For Life of Wheat Ridge helps support statewide research, education, advocacy and local patient services; and NOW THEREFORE, Be it resolved that I, Jerry DiTullio, Mayor of the City of Wheat Ridge, do hereby proclaim August 15-16, 2008 as: "Relay for Life" days in the City of Wheat Ridge and encourage citizens to participate in the Relay for Life at Everett Middle School. WHEAT RIDGE RELAY DAYS: AUGUST 15-16, 2008 IN WITNESS THEREOF on this _day of ,2008 /J ~ A ~ ~~it!At Michael Snow, City Clerk PROCLAMATION 2008 NATIONAL NIGHT OUT JULY 28, 2008 WHEREAS, On August 4th, 2008 the Police Department will host a kick-off celebration at the Police Department and Hayward Park. This will include tours of the police facility; showcase displays of police vehicles (Traffic, SWAT, Community Services); crime prevention displays; a rollover traffic simulator; food and activities for children. WHEREAS, the National Association of Town Watch (NATW) and Target are sponsoring a unique, nationwide crime, drug, and violence prevention program on Tuesday, August 5th, 2008 called "National Night Out"; AND WHEREAS, the "25th Annual National Night Out" provides a unique opportunity for the City of Wheat Ridge to join forces with thousands of other communities across the country in promoting cooperative, police-community crime prevention efforts; AND WHEREAS, the Wheat Ridge Police Neighborhood Watch groups, WRPD volunteer program, and Citizen Police Academy Alumni play a vital role in assisting the Wheat Ridge Police Department through joint crime, drug and violence prevention efforts in the City of Wheat Ridge and is supporting "National Night Out 2008" locally; AND WHEREAS, it is essential that all citizens of the City of Wheat Ridge be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drug and violence in the City of Wheat Ridge; AND WHEREAS, police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program. THEREFORE, I do hereby call upon all citizens of the City of Wheat Ridge to join the Wheat Ridge Police Department, its community groups, and the National Association of Town Watch in supporting "25th Annual National Night Out" on August 5th, 2008. FURTHER, Let it be resolved that I, Jerry DiTullio, the Mayor of Wheat Ridge do hereby proclaim Tuesday, August 5t\ 2008 as "National Night Out" in the City of Wheat Ridge, Jefferson County, Colorado. DONE AND RESOLVED THIS}llth DAY OF JULY, 2008 / J J'i--'r"" . /I /'J~ IJ; '/Jlli~ Jll'J'rullio, Mayor ATTEST d:Lf~ Michael Snow, City Clerk ~A.{ ~' , . City of ~~WheatB.l-dge ~OLlCE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and Members of City Council THROUGH: Randy Young, City Manager $' FROM: Daniel Brennan, Chief of Police DATE: July 22, 2008 SUBJECT: National Night Out Executive Summarv The Police Department will host its Second Annual National Night Out kick-off celebration at the police department and Hayward Park on August 4, 2008. This event will include tours of the police facility; showcase displays of police vehicles (Traffic Team, SWAT Team, and Community Services Team), crime prevention displays, a rollover traffic simulator; and we will have food and activities for children. I have highlighted the purpose, goals, and plans for this event for your information. The 2007 kick-off celebration was a great success. Over 200 community members attended last year's event and the feedback received was very positive. The department would appreciate your participation and promotion of this community event. Please call if you have any questions. What is National Nieht Out? National Night Out is "America's Night Out Against Crime!" Since 1984, the National Association of Town Watch (NA TW) has worked cooperatively with thousands of crime watch groups and local law enforcement agencies. throughout the United States to designate one night during the year to promote police-community partnerships, crime prevention and neighborhood camaraderie. The program has grown from 400 communities in 23 states participating in 1984, to over 11,125 communities participating from all 50 states, US. Territories, Canadian Cities and military bases worldwide in 2006. In all, over 34 million people participated in National Night Out in 2007. National Night Out strives to heighten awareness and strengthen participation in anti-crime efforts in local communities. It has proven to be an effective, inexpensive and enjoyable program that promotes neighborhood spirit and police-community partnerships in an effort to promote crime prevention and deter crime. What are the eoals to National Nieht Out? The goals of National Night Out are to: I. Heighten crime, drug and violence prevention awareness; 2. Generate support for, and participation in, local anti-crime programs; 3. Strengthen neighborhood spirit and police-community partnerships; 4. Send a message to criminal offenders that our community's neighborhoods are organized and fighting crime. 2008 National Night Out July 22, 2008 Page 2 of2 What is the Dlan for Wheat Rid!!e? The Wheat Ridge Police Department has been progressively bringing back crime prevention programs since 2005. Members ofthe department identified this program as important in building our partnerships and strengthening our crime prevention efforts in the community. The department has already begun working with our Neighborhood Watch groups and neighborhood associations to host neighborhood specific events and/or block parties on Tuesday, August 5, 2008. An informational meeting was held for Neighborhood Watch program block captains on July 2, 2008. Informational flyers have been sent to neighborhood associations, business associations, and our faith-based community encouraging them to participate in this event. A press release announcing our efforts will be distributed to local media and information aired on Channel 8. On July 28, 2008 Mayor Jerry DiTullio will read a proclamation at the City Council meeting proclaiming Tuesday, August 5, as National Night Out. On August 4, 2008 the Police Department will host a kick-off celebration at the police department and Hayward Park. On August 5, members of the police department will visit participating neighborhood block parties or events. How will this be funded? The department will fund this project through the No Proof of Insurance (NPOI) fund that was designated in 2006 to be used for law enforcement prevention and education projects. State Statute (CRS 42-4-1409) requires that one-half of the fines assessed for No Proof of Insurance citations be returned to the law enforcement agency. What are the lon!!-ran!!e Dlans for National Ni!!ht Out? The police department envisions National Night Out as a catalyst to building independent, self- sufficient and healthy neighborhoods. Woven into other City initiatives this program can help improve the quality oflife in neighborhoods throughout the community and create a sense of public value by building sustainable partnerships between the police department, the City and community members. The police department recognizes it will take time to build community involvement and participation in this program. Any assistance City Council members can give to promoting neighborhood block activities on August 5, 2008 is appreciated. Do not hesitate in calling me if you need assistance in your Council District. KEIDGB cc: Sergeant Paula Balafas Management Team Hn':iIiLln'C it] ( GlJllcil',Nu1.i\Jl1i.d Nlglll Ulll.2uil:, ')1;111' RCI'IJrl 8.<.:\ -;-'-J!I;~.d,tC ~),., <f ~ _ ~ . City of . ~Wheat.BL.-dge ~OMMUNITY DEVELOPMENT Memorandum TO: Mayor and City Council THROUGH: Randy Young, City Manager Ken Johnstone, Community Development Director FROM: Ryan Stachelski, Economic Development Specialist DATE: July 14,2008 SUBJECT: Wheat Ridge 5th Annual Business Awards It is time again for the Wheat Ridge Business Awards. This year we have a diverse group of award winners. We have also added a new category this year, the Mayor's Business and Youth Partnership Award. The awards will be handed out at the July 28, 2008 City Council meeting. I will ask each Council Member to present at least one award. Listed below are this year's award winners. If any Council Member has a preference in handing out the award please let me know. I will ask the Mayor to hand out the Mayor' s Award. There will be a short script highlighting talking points for each winner and assignment in the Council packet for the July 28th City Council meeting. There will be a short reception after the awards ceremony to meet and talk with the business award winners. Following the Business Awards night at City Council, there will be a Business Appreciation Luncheon for all Wheat Ridge Businesses on Friday, August 1. The lunch will be held 11 :00 a.m. to 1 :00 p.m. at the Recreation Center. This event will highlight the business award winners during a video presentation. This event will also showcase the many business resource that both the City and Jefferson County provides to business in Wheat Ridge. This event is always "sold out". I know that many of the business really appreciate the City sponsoring this event. 2008 BUSINESS AWARD WINNERS Cultural Commission Award Harriet's Treadle Arts Opened in 1981 by Harriet and her mother Fran, Harriet's Treadle Arts was the first quilt store in the Denver area to specialize in machine quilting, piecing, and applique. Now it is the standard in almost all stores nationwide. The store is now run and managed by Harriet and her daughter Carrie. Mayor and City Council Wheat Ridge 5th Annual Business Awards Page 2 of 4 Starting in a small 600 square foot house, the store is now 4000 square feet of quilting heaven. Over 3000 bolts of the finest quality cotton fabrics, over 17 different types of batting to choose from, extensive thread selection, and notions for every use are offered in a very warm, homey atmosphere. Park benches and magazines are offered to keep the husbands entertained while you shop. Vision Award The Digital Frontier Established in 1994, The Digital Frontier is dedicated to providing the best technology, service, and value to their clientele. The Digital Frontier is committed to respect for client relationships, ethics in business, a productive and healthy work environment, and on making a positive impact in the world. The Digital Frontier believes that printing green and being green is a process, not a political statement or a quick way to capitalize on a trend. Their presses and print processes are the most environmentally friendly available today. Reinvestment Award Seyfer Automotive Seyfer Automotive, Inc. was founded in 1961 by Don Seyfer. Originally housed in Don's parents' spacious garage, Seyfer Automotive has moved twice since 1961 to arrive at its current location, 4501 Harlan Street in Wheat Ridge, Colorado. This year Seyfer Automotive reinvested in Wheat Ridge and in their business by renovating the exterior of their building. This renovation shows off the amount of pride that Don has for his business and his community. To be sure, Seyfer Automotive has the same amount of pride in workmanship for their loyal clients. Volunteer ofthe Year Loretta DiTirro Schwank! Loretta is continually promoting Wheat Ridge by showcasing the City to visitors and new residents as a Remax City Horizons Real Estate agent. As a volunteer Loretta works tirelessly as the current President of EH~,"' l,,;se Wheat Ridge. Before serving as President of Enterprise Wheat Ridge, Loretta served in a number of committees and roles, including Vice-President. Loretta's volunteerism does not stop with Enterprise Wheat Ridge. Loretta is also a board member of the Wheat Ridge Business District. She is a leader in her neighborhood watch program after completing the Citizen Police Academy. Loretta's great love for volunteerism comes from supporting the Kempe Center in Denver. As a long time supporter, she has assisted with fundraising efforts. Loretta also gives her time to the Kempe Center as a mentor to the children that the Kempe Center serves. Mayor and City Council Wheat Ridge 5th Annual Business Awards Page 3 of 4 Loretta's tireless efforts to helping make Wheat Ridge and the community at large a better place is an inspiration to us all. Small Business Award Beds-n-Biscuits From Beds-n-Biscuits' spacious, climate-controlled indoor kennels to the fun of their outdoor play yards, visit their website to discover the many ways they pamper your pet. Beds-n-Biscuits offers a full range of services, from boarding to grooming. Beds-n-Biscuits' guests enjoy all-day play with lots of new friends, plus plenty of human interaction with the staff. Beds-n-Biscuits like to get to know their clients and their dogs, so your pet won't be just another face in the crowd. Visit Beds-n-Biscuits and see why their customers say tails start wagging as soon as the car turns into our driveway! Tours are offered Tuesday through Saturday between the hours of Noon and 4:00 PM. A staff member shows you why Beds-n-Biscuits can ensure a safe, sociable and fun stay for your pet. Visit Beds-n-Biscuits at www.bedsnbiscuits.com Business of the Year PrimeS tar Solar PrimeStar Solar was formed in June 2006 to develop and commercialize cadmium telluride (CdTe) thin film photovoltaic modules. Currently, PrimeStar Solar is working closely with the National Renewable Energy Laboratory and are licensing several of their patents. PrimeStar Solar sees great opportunity in meeting US and international demand for economical PV modules. PrimeStar Solar's goal is to be part of the solution to energy supply and environmental issues, including energy self-reliance and climate change. City Council's Partnership Award First Bank of Wheat Ridge As Colorado's largest locally-owned bank, FirstBank has been providing full service banking for over 45 years, and has grown into an $8.6 billion organization with over 125 locations. FirstBank originated several services in banking in Colorado, including 24 hour phone banking, Saturday morning banking, and grocery store banking. The FirstBank of Wheat Ridge charter was granted in 1969, and since then we have proudly provided the people and businesses in Wheat Ridge with innovative banking products and outstanding customer service with local decision-making. In August 2008, FirstBank of Wheat Ridge will expand its branch network with a new location at 32nd & Y oungfield. Mayor and City Council Wheat Ridge 5th Annual Business Awards Page 4 of 4 Mayor's Business and Youth Partnership Award Village Inn Founded in 1958, Village Inn is known not only for its strong breakfast heritage, but is proud to serve 'The Best Pie in America(R)". In 2007, Village Inn won I 0 blue ribbons in the American Pie Council's National Pie Championship. Village Inn restaurant, located at 4775 Kipling Street, was the first Village Inn in the country to be remodeled with its new look. After Village Inn's Grand Re-opening they partnered with the Wheat Ridge High School to help many of it students develop a variety of skills. Several of those students went on to be hired by Village Inn. This reinvestment and commitment to community show why Village Inn is such an outstanding member of our business community. /rjs ~\'.j.( ~, City of pWheatRL-dge ITEM NO: 11\. REQUEST FOR CITY COUNCIL ACTION t~~~ COUNCIL MEETING DATE: July 28, 2008 TITLE: RESOLUTION NO. 38-2008 - A RESOLUTION AMENDING THE FEE SCHEDULE FOR CRIMINAL JUSTICE RECORDS OF THE WHEAT RIDGE POLICE DEPARTMENT AND WHEAT RIDGE MUNICIPAL COURT D PUBLIC HEARING D BIDS/MOTIONS [ZJ RESOLUTIONS D ORDINANCES FOR 1ST READING (mm/dd/yyyy) D ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: DYES [ZJ NO !1JP~~ thief of Police Ci~~'1 EXECUTIVE SUMMARY: House Bill 08-1076 which amends C.R.S. 24-72-306 Copies, printouts, or photographs of criminal justice records - fee authorized; was recently passed by the Colorado State Legislature. This amended statute will go into effect on August 7, 2008 and will have a direct impact on what the police department and the municipal court may charge for criminal justice records that are released. This bill authorizes criminal justice agencies to impose copying costs for requested records at a certain rate in addition to the actual costs of searching for, retrieving and redacting such records. Previously, copy costs were also limited to "actual costs" and redaction costs were not explicitly authorized. CRS 24-72-306(1) further requires that these fees be "established by the governing body." The new fee schedule must therefore be approved by City Council. To comply with C.R.S. 24-72-306, the police department must review and revise our current fee schedule. The fee schedule includes case reports, address and record (local criminal history) checks, video and audio recordings, photographs, and sex offender registration lists. This new fee schedule is attached as Attachment #2. The municipal court has also reviewed and revised their fee schedule which also appears as Attachment #5. COMMlSSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: This Resolution is to comply with recently passed state legislation. The city must structure and implement a fee schedule that complies with C.R.S. 24-72-306 by August 7, 2008. ALTERNATIVES CONSIDERED: There are no alternatives. FINANCIAL IMPACT: With the authorization for criminal justice agencies to impose copying costs for requested records at a certain rate and to charge for the actual costs of searching for, retrieving and redacting such records, the revenue from this service is likely to slightly increase. The increase to revenue is minimal and only covers the actual cost of searching for, retrieving and redacting such records. RECOMMENDED MOTION: "I move to approve R~solutioh No. J8~2008 - A Resolution Amending the Fee Schedule for Criminal Justice Records of the \\'heat Ridge Police Department and the Wheat Ridge Municipal Court. " or, "I move to deny the approval of Resolution No. 38-2008 for the following reasons: " Report prepared by: Jim Lorentz, Police Commander Report reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Copy of current Wheat Ridge Police Department fee schedule effective January 1,2004 2. Copy of proposed Wheat Ridge Police Department fee schedule to be effective August 7, 2008 3. Copy of House Bill 08-1076 4. Copy of Records Access Request form 5. Copy of proposed Wheat Ridge Municipal Court fee schedule to effective August 7, 2008 6. Resolution No. 38-2008 copy Wheat Ridge Police Department Fee Schedule Effective January 1,2004 Records Hours: Monday through Thursday - 8:00 am to 5:30 pm Friday - 8:00 am to 5:30 pm HOLIDAYS EXCEPTED Records Phone Number (303) 238-5918 Police Report ...........................................................................$5.00/ First Five (5) Pages $.50 per Page for each Additional Page If Research for Report Exceeds Y, Hour, $6.25/each Y. Hour after ($25/Hour) Address Check.................................................................................... $15.00/First Y2 hour $25/Hour for each Additional Hour Will Call When Report is completed Records Check.................................................................................... $15.00/First Y2 hour Only Available from January 2000 - Current Wheat Ridge Arrests ONLY. For Statewide, go to Colorado Bureau ofInvestigations: 690 Kipling St., Lakewood. $25/Hour for Research for Checks Prior to 2000 Fingerprints ............................................................................................................... $10.00 Wheat Ridge Residents ONLY. and Liquor Licenses within Wheat Ridge Registered Sex Offender List ..................................................................................... $5.00 You must be a Wheat Ridge Resident to make request. Audio Tapes ......................................................................................................$35.00/hour $lO/each additional Y. hour ($40/hour) You Must Supply Blank Tape Will Call When Tape is ready for Pick Up Video Tapes ................................................................................... $30.00 with Own Tape ............................................................................................................. $35.00 without Tape Will Call When Tape is ready for Pick Up Evidence Photos 3x5 or 4x6 (entire roll only) ................... $5.00 Plus Cost ($5 Deposit) 5X7 or 8X12 (Single or Roll)................ $10.00 Plus Cost ($10 Deposit) Will Call When Ready for Pick Up Mug Shot Photograph................................................................................................. $5.00 Evidence Digital Images ...................... $25.00/CD and Printout ($5 Deposit Required) Will Call When CD is ready for Pick Up Sex Offender Registration ........................................................................................ $20.00 For Mandatory Annual Registration By Appointment ONLY COpy AITACHMENT 1 Wheat Ridge Police Department Fee Schedule Effective August 7, 2008 Records Hours: Monday through Friday - 8:00 am to 5:30 pm HOLIDAYS EXCEPTED Records Phone Number 303-235-2921 NOTE: Listed Items Mav Not Be Available For Immediate Release. Initial Fees Are NOT Refunded If Release Of Record Is Denied Police Report ...................................................................................................................................... $5.00 Includesl5 Minutes to Research, Retrieve, Review and Copy Requested Record(s) If preparation time exceeds IS minutes, an ADDITIONAL $5.00 for every IS nllnutes will be added. Address Check .....................................................................................................$15.OO/First 30 minutes Includes 30 Minutes to Search, Retrieve, and Prepare Information If preparation time exceeds 30 nllnutes, an ADDITIONAL $6.25 for every IS minutes will be added Records Check (Wheat Ridge Arrests ONLY) ................................................................................... $5.00 Includes IS Minutes to Research, Retrieve, and Prepare Requested Information If preparation time exceeds IS minutes, an ADDITIONAL $5.00 for every IS minutes will be added. Fingerprin ts ....................................................................................................................................... $1 0.00 Wheat Ridge Residents ONLY, or applying for a Wheat Ridge Massage or Liquor Business License Evidence Audio Tapes: CD to CD ....................................................................................................$4.00 Cassette to Cassette.................................................................................... $6.00 Includes 10 Minutes to Search, Retrieve, Copy Recording and Cost of CD or Cassette Evidence Cassette Video Tapes .......................................................................................Minimum $8.00 Includes IS Minutes to Search, Retrieve, Copy Recording and Cost of Tape If recording time exceeds IS minutes, an ADDITIONAL $5.00 per every IS nllnutes will be added. NOTE: Recording is done in real time-some recordings may take several hours to copy. Evidence Photos: CD only .................................................................................................................$4.00 Includes 10 minutes to search, retrieve, copy to a CD and cost of CD CD and printed photos from the CD......................$4.00 plus $.10 per copied page Includes 10 Minutes to Search, Retrieve, Prepare, Copy to CD, Cost of CD and Cost to Print Color Photos Prints from film: 3x5 or 4x6 .......................................... $18.00 plus $.40 per print Prints from film: 5x7 ..................................................... $18.00 plus $1.00 per print Prints from film: 8x12 ................................................... $18.00 plus $2.00 per print Includes Search, Retrieval, DeliverylPick Up Of Photos from Developer and Developing Fee Mug Shot Photograph ........................................................................................................................ $3.50 Includes 10 Minutes to Search, Retrieve, and Cost to Print Color Photo Dispatch Audio or Video Recordings to CD...................................................................................$17.50 Includes 30 Minutes to Search, Retrieve, Make Recording and Cost Of CD. If preparation time exceeds 30 minutes, an ADDITIONAL $8.50 for every IS minutes will be added. Registered Sex Offender List................................................................................................ ...... No Cost Sex Offender Registration (Mandatory Annual Registration and By Appointment ONL Y)................... $20.00 ATTACHMENT 2 NOTE: This bill has been prepared for the signature of the appropriate legislative officers and the Governor. To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws. o -......-/' -- ~. ~~ --- HOUSE BILL 08-1076 BY REPRESENTATIVE(S) Ferrandino, Carroll M., Carroll T., Gallegos, McGihon, Todd, Looper, and Stafford; also SENATOR(S) Gordon, Cadman, and Schultheis. CONCERNING FEES FOR COPIES OF CRIMINAL JUSTICE RECORDS. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 24-72-306 (1), Colorado Revised Statutes, is amended, and the said 24-72-306 is further amended BY THE ADDITION OF A NEW SUBSECTION, to read: 24-72-306. Copies, printouts, or photographs of criminal justice records - fees authorized. (1) Criminal justice agencies may assess reasonable fees, not to exceed actual costs, including but not limited to personnel and equipment, for the search, retrieval, and vvp Y;"15 REDACTION of criminal justice records REQUESTED PURSUANT TO THIS PART 3 and may waive fees at their discretion. IN ADDITION, CRIMINAL JUSTICE AGENCIES MAY CHARGE A FEE NOT TO EXCEED TWENTY-FIVE CENTS PER STANDARD PAGE FOR A COPY OF A CRIMINAL JUSTICE RECORD OR A FEE NOT TO EXCEED THE ACTUAL COST OF PROVIDING A COPY, PRINTOUT, OR PHOTOGRAPH OF A CRIMINAL JUSTICE RECORD IN A FORMAT OTHER THAN A STANDARD PAGE. Where fees for certified copies or other copies, printouts, or photographs of Capita/letters indicate new material added to existing statutes; dashes through words indicate deletions/roATTACRiMENT 3 such CRIMINAL JUSTICE records are specifically prescribed by law, such specific fees shall apply. Where the criminal justice agency is an agency or department of any county or municipality, the amount of such fees shall be established by the governing body of the county or municipality IN ACCORDANCE WITH THIS SUBSECTION (I). (3) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO DISCOVERY MATERIALS THAT A CRIMINAL JUSTICE AGENCY IS REQUIRED TO PROVIDE IN A CRIMINAL CASE PURSUANT TO RULE 16 OF THE COLORADO RULES OF CRIMINAL PROCEDURE. SECTION 2. Effective date - applicability. (I) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section I (3) of the state constitution, (August 6, 2008, if adjournment sine die is on May 7, 2008); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation ofthe governor. PAGE 2-HODSE BILL 08-1076 (2) The provisions of this act shall apply to requests for copies of criminal justice records submitted on or after the applicable effective date of this act. Andrew Romanoff SPEAKER OF THE HOUSE OF REPRESENTATIVES Peter C. Groff PRESIDENT OF THE SENATE Marilyn Eddins CHIEF CLERK OF THE HOUSE OF REPRESENT A TlVES Karen Goldman SFf:RFTARY OF THE SENATE APPROVED Bill Ritter, Jr. GOVERNOR OF THE STATE OF COLORADO PAGE 3-HOUSE BILL 08-1076 fI-"'OPYWHEAT RIDGE POLICE RECORDS DEPARTMENT '-" 303-235-2921 .,. RECORDS ACCESS REQUEST CASE REPORT # I.D. VERIFIED 0 RESEARCH AND PROCESSING FEES ARE NON-REFUNDABLE RELEASABLE RECORDS MAY NOT BE AVAILABLE AT THE TIME OF THIS REQUEST PLEASE PRINT IN THE SPACES PROVIDED NAME DATE OF BIRTH ADDRESS (NO P.O. OR MAIL BOX) CITY, STATE, ZIP CODE DAYTIME TELEPHONE PER C.R.S. 24-72-305.5 I AFFIRM THE RECORDS OBTAINED SHALL NOT BE USED FOR DIRECT SOLICITATION OF BUSINESS FOR PECUNIARY GAIN. SIGNATURE DATE PORTIONS DENIED OR DELETED FOR THE FOLLOWING STATED REASON: (Police reports under the Colorado Open Records law, Criminal Justice Records Act and the Children's Code Records and Information Act, are considered to public information and as such, are under open to inspection by any person. There are stated provisions within the statutes that restrict access and protect the confidentiality of certain persons and portions of police reports. Public Records Law C.R.S. 24-72-204 el. Seq.; Criminal Justice Records Act CRS. 24-72-301 et. Seq.; Children's Code and Records Act C.R.S. 19-1-301 et. Seq.) DEPARTMENTAL USE ONLY: TYPE OF INFORMATION REQUESTED: ACCIDENT FULL REPORT FINGERPRINTS PHOTOS AUDIO TAPE VIDEO TAPE RECORDS CHECK/ADDRESS CHECK SUBJECTS NAME COMPLETE ADDRESS DATE OF BIRTH DATES REFERRED TO REQUEST APPROVED o REQUEST DENIED o SIGNATURE DATE COMMENTS IFEE PAID: CHECK/CASH BALANCE DUE RMS INITIAL DATE CHECK/CASH RMS INITIAL DATE ALL REPORTS NOT PICKED UP BY THE APPLICANT WITHIN 30 DAYS WILL BE DESTROY~ g-X- 6 ATTACHMENT 4 ..,.),.4...- :: _' . City of . ~~WheatD;..-:Jne ~UNICIPAL COURT'" ~'-'5 .. Memorandum TO: " Randy Young, City Manager Gerald Dahl, City Attorney THROUGH: Christopher Randall, Presiding Judge 'oj, FR0M: Kersten Armstrong, Court Administrator DATE: SUBJECT: July 16, 2008 Wheat Ridge Municipal Court Fee Schedule The Wheat Ridge MunicipaJ. Court Fee Schedule under Order 2008-01 is attached for review by City Council pursuant to Colorado Revised Statute 24-72-30., The Fee Schedule has been revised pursuant to House Bill 08-1076. The City Council needs to establish these fees by August 7, 2008, pursuant to Colorado Revised Statute 24-72-306. In order to comply with the amendments to the fees for copies of criminal justice records, the attached Fee Schedule includes reasonable fees for the search, retrieval, redaction, and copy of records. The retrieval fee is based on an average salary of the Deputy Court Clerks. The fee schedule does not assess an additional fee for each individual page. Parties requesting copies of case files will have a consistent set fee per case type when copies of cases are requested. The only exception to this will be for requests that involve extensive research by the court staff. The fees noted in the attached Fee Schedule are relatively consistent with other comparable municipal courts. Based on a recent survey conducted, the administrative fee associated with deferred judgments and deferred prosecutions have been increased from $50.00 to $75.00. Although this fee schedule does not include discovery provided to defendants or defense attorneys in cases scheduled for trial, the prosecuting attorney utilizes this fee schedule as a guide in the assessment of fees for discovery. This allows for the consistency of fees for records requests with1n the Wheat Ridge Municipal Court. The only exception to this would be discovery requests involving extensive research. You may contact me if you need any additional clarification. Thank you for your time and attention in this matter. lima attachment ATTACHMENT 5 WHEAT RIDGE MUNICIPAL COURT, JEJ'J<EKSON COUNTY, STATE OF COLORADO ADMINISTRATIVE ORDER 2008- 01 FEE SCHEDULE Request for Records Audio Recordings of Court Proceedings to CD......................................................................$25.00 Includes up to one hour for search, retrieve, copy, and cost of CD. Fee of$5.00 for each ac,lditional15 minutes of preparation time. Copy of Animal, Code, Civil, General, Sales Tax Files .........................................................$1 0.00 , --..' Includes up to 30 minutes' to search, retrieve, redact, and copy. .,. Fee of$5.00 for each additional15 minutes of preparation time. . Copy of Traffic or Parking File ................................................................................................$5.00 Includes up to 15 minutes to search, retrieve, redact, and copy. Fee of $5.00 for each additional 15 minutes of preparation time. Copy per page without search, retrieval, or redaction .......................................................... 25/page Name Search .......................... .................................................................................................$1 0.00 Includes up to 30 minutes to search, retrieve, redact, prepare notice, and copy. Fee of$5.00 for each additional 15 minutes of preparation time. Research Fee, Extensive ............................................................................................ Salary of Staff Minimum Fee $5.00 per every 15 minutes. Transcripts................ ................................................. ................ ............. .......................... $2.3 5/page Minimum $150.00 deposit required. Associated Case Fees Accident with injuries................................ ......... ........................... ............................ ..... ...... ..$60. 00 Court Appointed Counsel Application Fee (Judge may waive) .............................................$10.00 Court Costs.............................................. ........... .......................... ........... ............................... .$25. 00 Deferred Judgment Fee ........ ... ................................................................................................$75.00 Deferred Prosecution Fee............ ............................................................................................$75.00 Direct Services Fee (Domestic Violence)...............................................................................$50.00 Wheat Ridge Municipal Code of Laws Sections: 16-110 & 16-11 I Drug/Drug Paraphernalia Destruction Fee..............................................................................$10.00 Wheat Ridge Municipal Code of Laws Sections: 16-131,16-132,16-133 Filing Fee for Bonds ....... .............. .... ...... ................................................................................$25.00 Non-Injury accident surcharge...................... ...... .... ... .................................. ........... ... ..... ...... ..$3 O. 00 Administrative Order 2008-01: Fee Schedule Associated Case Fees (Continued) Page 2 of2 Payment plan administrative fee per request ..r'......................................................................$25.00 Probation Fee... .......... .......................... ........... ........ ... ......... ...... ........................................... ... .$75.00 Stay of Execution (SO E)............................................................................... ..........................$25.00 ,. Witness Fee........ ..... ........................................................................................................... .......$5.00 Per civilian witness if defendant is found guilty @ trial. Per civilian witness if defendant fails to appear @ trial & witness served. ... Failure to appear or failure to comply fees: Bench Warrant .... .......................... ..........................................................................................$50.00 Department of Motor Vehicle Default Fee-Traffic Infractions ..............................................$30.00 Department of Motor Vehicle Lien-Juvenile General Warrant ..............................................$30.00 Department of Motor VehiCle Lien on Traffic Warrants........................................................$30.00 Failure to Appear.................................................. ................................................. ............... ..$25 .00 Insufficient Funds/Returned checks.............. .......... ... ...... ............................................... ........$26. 00 Late Fee for Parking Summons...............................................................................................$15.00 Officer Appearance Fee Assessed if Defendant Fails to Appear for Trial.............................$30.00 Show Cause Fee ........... ..... ... ...................... .............................................................................$15.00 Jury Trial Fees Appearance fee paid to jurors ...................................................................................................$3.00 Service fee, including appearance fee, paid to jurors ...............................................................$6.00 Jury Deposit ........... ..... .... .......... ..... ... ......................................................................................$25.00 JUry Trial Cost..... ...................... ..... ................................................................................ Cost of Jury WHEAT RIDGE MUNICIPAL COURT Fee Schedule is hereby adopted effective the 7th day of August, 2008. Done and Ordered this /7/i day of July, 2008. BY THE COU~.T: ; /J /J A II ~~.~ D r~ Christopher . Randall, Presiding Judge CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38-2008 TITLE: A RESOLUTION AMENDING TtlE FEE SCHEDULE FOR CRIMINAL JUSTICE RECORDS OF THE WHEAT RIDGE POLICE DEPARTMENT AND THE WHEAT RIDGE MUNICIPAL COURT WHEREAS, the City Council finds that the Colorado State Legislature has passed House Bill 08-1076 which amends C.R.S. 24-72-306 concerning the fees that criminal justice agencies may charge for copies, printouts, or photographs of criminal justice records; and WHEREAS, this amended statute will go into effect on August 7,2008, and will have a direct impact on what the Wheat Ridge Police Department and the Wheat Ridge Municipal Court may charge for criminal justice records that are released; and WHEREAS, the amended statute authorizes criminal justice agencies to impose copying costs for requested records at a certain rate in addition to the actual costs of searching for, retrieving and redacting such records; and WHEREAS, C.R.S. 24-72-306(1) further requires that such fees be "established by the governing body." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City Council hereby establishes fees for the provision of requested criminal justice records as set forth in the attached fee schedules for the Wheat Ridge Police Department and the Wheat Ridge Municipal Court. Section 2. The purpose of this resolution is to establish those fees governed by C.R.S. S 24-72-306. Nothing in this Resolution shall affect the ability or authority of the Presiding Judge of the Wheat Ridge Municipal Court to amend, by administrative order, any other type of fee or cost the Court is authorized to impose and amend, from time to time. DONE AND RESOLVED THIS day of 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ATTACHMENT 6 ~ k A ~ ~ ~ City of ?WheatRL-dge ITEM NO: \,13 ' REQUEST FOR CITY COUNCIL ACTION ~$~ nli un ~~ COUNCIL MEETING DATE: July 28, 2008 TITLE: RESOLUTION NO. 39-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $7,344.00 FOR THE RENEWAL OF THE ANNUAL MAINTENANCE AGREEMENT FOR THE CHANNEL 8 COMMUNITY BULLETIN BOARD SOFTWARE D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1 ST READING (mm/dd/yyyy) D ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: DYES ~ NO Pc (rl~ UI Cit~~~ EXECUTIVE SUMMARY: The Channel 8 Community Bulletin Board is an essential communication tool in providing timely and useful information to citizens about City services and programs. In order to continue to provide high quality information on the Channel 8 Community Bulletin Board, staff is requesting approval of a supplemental budget appropriation in the amount of $7,344.00 to renew the City's maintenance agreement that supports the software licenses and the renewal of content feeds that air on the bulletin board. The supplemental budget appropriation consists of transferring a total of $7,344 in Public Education Government (PEG) FEE revenues from the General Fund. The current balance in the PEG FEE fund is approximately $126,231.89. COMMISSION/BOARD RECOMMENDATION: No Commission or Board recommendation is necessary for this Council item. STATEMENT OF THE ISSUES: Per the City's Franchise Agreement with Comcast, PEG FEE revenues may only be utilized to support equipment and maintenance associated with the operation of Wheat Ridge Channel 8. It is important to note that PEG FEE revenues cannot be co-mingled with other General Fund revenues and is intended solely to support Channel 8 operations. Staff finds the proposed supplemental budget appropriation to be consistent with the purchasing guidelines as noted above and recommends approval of the proposed request. ALTERNATIVES CONSIDERED: There are no alternatives for Council consideration pertaining to the requested funding. FINANCIAL IMPACT: The requested amount of the supplemental budget appropriation is $7,344.00. RECOMMENDED MOTION: "I move to approve Resolution No. 39-2008 amending the Fiscal Year 2008 Budget to reflect the approval of a supplemental budget appropriation in the amount of $7,344.00 for the renewal of the annual maintenance agreement for the Channel 8 Community Bulletin Board ~oftware." , \ or, ,_..1 i . -' } "I move to table indefinitely Resqlution No. 39-2008 for the following. reason(s): " Report prepared by: Reviewed by: Heather Geyer, Assistant to the City Manager/Public Information Officer Randy Young, City Manager ATTACHMENTS: 1. Resolution No. 39-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39-2008 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2008 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $7,344.00 FOR THE RENEWAL OF THE ANNUAL MAINTENANCE AGREEMENT FOR THE CHANNEL 8 COMMUNITY BULLETIN BOARD SOFTWARE WHEREAS, the City Council recognizes the Channel 8 Community Bulletin Board as an important communication tool in informing the community about City programming and services; and WHEREAS, the use of PEG Fees can only be utilized for equipment needed for operating Channel 8; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the Renewal of the Annual Maintenance Agreement for Community Bulletin Board software. .B. The City Council authorizes the transfer of $7,344 from the General Fund undesignated reserves to account 01-111-700-704 and amending the 2008 fiscal year budget accordingly. DONE AND RESOLVED TIDS 28th day of Julv 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk AT I ACHMENT 1 ""I.A.( ~ _ ~ City of ?WheatRL-dge ITEM NO: I.r:. REQUEST FOR CITY COUNCIL ACTION ~~ nl[~ COUNCIL MEETING DATE: July 28, 2008 TITLE: APPROVAL OF AWARD ITB-08-27 2008 MINOR STREET IMPROVEMENTS PROJECT IN ItlE TOTAL AMOUNT NOT-TO- EXCEED $182,273.51 D PUBLIC HEARING i:8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (mm/ddlyyyy) D ORDINANCES FOR 2ND READING (mm/ddlyyyy) Quasi-judicial: D YES J~: ;::.~J Director of Public Works i:8J NO City~U~ EXECUTIVE SUMMARY: The 2008 Minor Streets Improvement Project consists of street reconstruction on Owens Street from 38th Avenue to Lena Gulch, along with curb, gutter and pan reconstruction at 33rd Place and Ward Road. The Owens Street reconstruction includes replacing pavement, providing a new concrete gutter pan to correct the poor drainage and installing new sidewalk to Louise Turner Park. At 33rd Place and Ward Road, curb, gutter and cross pan will be reconstructed on the west side of the intersection to eliminate standing water due to flat grade. On June 1,2008, seven (7) bids were received. All firms met the initial bid requirements except KECI Colorado and Premier Paving, which did not complete the signature page. However, they were not disqualified from the bid. The apparent low bidder was Brannan Sand and Gravel, Denver, Colorado in the total amount of$165,703.19. Brannan Sand & Gravel's proposal met all of the bid requirements and the references and experience were evaluated by Public Works Staff. It is recommended that the project be awarded to the lowest responsible and responsive bidder, Brannan Sand and Gravel in the amount of $165,703.19. COMMISSIONIBOARD RECOMMENDATION:: N/A STATEMENT OF THE ISSUES: Bids for the 2008 Minor Streets Improvements Project, #S-02-08, were opened on July 1,2008. Seven (7) bids were received. Due to high asphalt prices submitted from recent bids, this project was prepared to receive bids for both asphalt and concrete pavement as options for Owens Street. The bids with asphalt pavement option ranged from $165,703.19 to $295,222.00. The bids with concrete pavement option ranged from $185,658.58 to $315,751.00. The Engineer's Estimates for the project with asphalt and concrete option were $189,803.40 and $242,728.40 respectively. Since the pavement life-cycle cost analysis indicated that the concrete option was higher than the asphalt option, and the impact to the neighborhood of constructing concrete pavement is significant, Staff recommends the asphalt pavement be selected for Owens Street. The lowest responsible and responsive bidder, Brannan Sand and Gravel of Denver, Colorado, has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and experience on previous and current City projects, Staff recommends award to Brannan Sand and Gravel. A 10% contingency amount of $16,570.32 is requested for the cost of other items related to the project. AL TERNA TIVES CONSIDERED: . . - . No award and 2008 Minoi Streets Iinprovemeht Project will not be accomplished. . , FINANCIAL IMPACT: Funding for this program has been approved as the Minor Street Improvement Projects line item of the 2008 Capital Improvement Program budget in the amount of $230,000.00 and as the Parks and Recreation Parking Lots and Drives Improvements line item in the amount of $85,000.00. Funds will be transferred from CIP account 30-603-800-864 (Parks and Recreation Capital Projects) to the CIP Minor Street Improvement Project account 30-303-800-840 to fund the sidewalk installation at Louise Turner Park which is adjacent to Owens Street. RECOMMENDED MOTION: "I move to award ITB-08-27, 2008 Minor Street Improvements Project to Brannan Sand and Gravel, Denver, Colorado in the amount of$165,703.19. I further move that a contingency amount of$16,570.32 be established. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $182,273 .51. I further move that all costs associated with this contract be paid from account number 30-303-800-840, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, "I move to deny award of ITB-08-27, 2008 Minor Street Improvement Project for the following reason( s) " Report Initiated by: Steve Nguyen, Engineering Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet 2. Project Map CITY OF WHEAT RIDGE BID TABULATION PROJECT: 2008 MINOR STREET IMPROVEMENTS SIDIPROPOSAL NO. ITS..o8-27 SiD DUE DA"TEITlME 07101/08 by 2:00 pm -REQUESTING DEPT JOMSION ENGINEERING . OPENED SY JL Linda Trimble, Purchasing Agef!il WITNESSED BY . Crystal Brummette Cb PAGE -1.-- OF. ,.,L VENDOR ()4f4cJ.f I /3A~ c:! tJuU I<f!.. <:/ ~ 11 uo.-c... SfU~ ,f~ . d.' bd:,/J.M.,u" r~a/.i(f ~tf (' AAAJ'A 0/1 ~OCATlON jt.~ II ,/ ....., A t7 _I .. " _ /1 ':At IJ~ DESCRIPTION -GOODS I SERVICES SIGNATURE PAGE "f.L4 { yv.t CjI-4 1/;1 f!A-h>d,J.' t.1~ u-<4 . . " LIST OF SUBCONTRACTORS {f/A tfU 1.1M," U;U- qu uU . . v . . "- NON-COLLUSION AFFIDAVIT CfA- (f'4 UM u/4 &yt4 ~- " v v CONTRACT<:)R QUALIFICATION ( :fA--4 t.jA...4 f1U' VVU t.fU' ~ . - " v " ILL~GAL ALIEN FORM (/,(,4 ljfA ~ i/fPL' 4/4. t.fU-' A - - v v . BID BOND I SECURITY tf4 t.yA- tyU (..jU- Lf4- t.fU ACK. ADDENDUM 1 & 2 ~ ( jA-IJ- lfU '-'f'4- C-f/A I.4IA u . . SUBTOTAL WITH ASPHALT ) 37,c1'lf,1o wi, 33 'J... 3d. /19,956..'/0 /97. '113, (J() l"l/')' 15?Od /W, 'l~~,()O , SUBTOTAL WITH CONCRETE rrF,f)I5/o0 jWS,'iIO.'/.5 13().31G.1tJ ..J.r/I.I'i?J,OO /tfS,t.9Rfn.()O 154.05f1,a SITEC g6L, o~r.1'c i.3, ?'1'1, <(3' II, CJ17. 00 2'7, 7IP5,OO. /9, Q9i',oo "':;0. q~(},?O Su.bto{aJl ~ ~O 5<1, 57/..:10 3~5';J&.3q ',/3,3(P(g./() '"1001:1 .00 IOOI0(,.7.0(} L/1, </9i'. 5S J:1IiB-O&-27 Bid Tab Sheet.doc ATTACHMENT 1 CITY OF WHEAT RIDGE BID TABULATION BIOIPROPOSAL NO. ITB-08-27 BID DUE DA TEITlME 07/01/08 by 2:00 pm REQUESTING DEPT.fDIVISION ENGINEERING Orc,...~;;'~'i J Linda Trimble, Purchasing AgW-- WITNESSED BY Crystal Brummette c.iJ PAGEL-OF of PROJECT: 2008 MINOR STREET IMPROVEMENTS VENDOR LOCATION DESCRIPTION -GOODS I SERVICES SIGNATURE PAGE LIST OF SUBCONTRACTORS NON-COLLUSION AFFIDAVIT CONTRACTOR QUALIFICATION ILLEGAL AllEN FORM BID BOND I SECURITY ACK. ADDENDUM 1 & 2 SUBTOTAL WITH ASPHALT SUBTOTAL WITH CONCRETE SITEC Suhtri:o.) ~ ~() J:~TB-08-27 Bid Tab Sheetdoc ;:J~ fJ (jA/M. 4. K'LUu'/.i/ 11() tfIA-' ~ , eyu-- ~ ~ " VfA.4. , j~, Ito.~.~&: ,YJ 0 hid . ~:1 )(505(' 6CR,508.05 .'''' :";\j'::, CITY OF WHEAT RIDGE 2008 MISC. STREETS IMPROVEMENT PROJECT# S-02-08 UNINCORPORATED ~ '.j' .. . .. ,", ",' , .. , . . , . , . , :.:.:.:.:: :::::::::: ~~~~j/ ATTACHMENT 2 -. ~ .l .( ~_~ City of . ?WheatRL-dge ITEM NO: 1J), REQUEST FOR CITY COUNCIL ACTION , ~ I Ill. WI ~~ COUNCIL MEETING DATE: July 28, 2008 TITLE: MOTION TO ACCEPT RIGHT-OF-WAY AT SOUTHEAST CORNER OF 32ND AVENUE AND YOUNG FIELD STREET D PUBLIC HEARING IZI BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (mm/dd/yyyy) D ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: D YES --:~"'~ ~'~~_.t.- :r IZI NO j -- ./- Director of'Public Works ~CL:>~ City Mana~ a EXECUTIVE SUMMARY: FirstBank of Wheat Ridge is building a new branch bank at the southeast corner of32nd Avenue and Youngfield Street adjacent to the Walgreen's store. The 2002 Walgreens at Maple Grove Subdivision required that additional street right-of-way be dedicated adjacent to Lot 2 (the new FirstBank site) at the time ofre-development. Based upon the design of the 32nd Avenue and Youngfield Street widening associated with the interchange improvement plan (Cabela's Project), slightly more right-of-way is required than envisioned in 2002. The deed from FirstBank provides all of the right-of-way needed at this corner. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: During the Walgreens construction at Maple Grove Subdivision in 2002, a 9' wide sidewalk easement was dedicated and an 8' strip of Right-of-Way was reserved along both the West 32nd Avenue and Youngfield Street frontages. The Final Plat states that the 8' strip of ROW reservation was to be dedicated upon development of Lot 2, which is the site of the FirstBank development currently under construction. In addition, the Youngfield Street and 32nd Avenue intersection has been recently redesigned and the new design requires an additional narrow strip of ROW along both street frontages. The additional strip, combined with the original ROW reservation and sidewalk easement, will provide adequate area for the proposed public improvements to be constructed per the new intersection design. FirstBank of Wheat Ridge has agreed to dedicate both the original ROW reservation area and also the additonal strip of ROW necessary to place the proposed improvements within the public Right-of-Way. ALTERNATIVES CONSIDERED: None. FINANCIAL IMPACT: Approval of this Right-of-Way dedication will cost the City of Wheat Ridge $10.00. RECOMMENDED MOTION: "I move to approve the Right-of-Way dedication as described on the Warranty Deed" or "I move to deny the Right,6f-Wa)rdedication for the following reasons: ,,- ~. Report Initiated by: Dave Brossman, Development Review Engineer Report Prepared by: Tim Paranto, Director of Public Works ATTACHMENTS: 1. Warranty Deed Locllli.on: 3190 YOllIlgfield Street Wheat Ridge, CO 80033 WARRANTY DEED WITNESSETH THAT , whose address is 12345 W Cofax Ave, City of Lake- wood, ' for the consideration of 10 and 00/100 ($10.00). in hand paid, acceptance, sufficiency, and receipt of which is hereby acknowledged, do hereby grant, bar- gain, sell, and convey unto the City of Wheat Ridge. a municipal corporation in the State of Colorado, whose address is 7500 West 29th Avenne. Wheat Ridge, County of Jefferson, State of Colorado, 80033. the following real property situate, lying and being in the City of Wheat Ridge, County of Jefferson, State of Colorado, to wit: A tract of land lying in Lot 2, Walgreens at Maple Grove Subdivision Filing No.1, as described at Reception Number F1406991 in the official records of the County of Jefferson, State ofColo- rado, located in the SW% of Section 29, Township 3 Sonth, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado. being more particularly described as: - SEE ATTACHED n.AmDu A- NOTE: All bearings are relative to one another and are based on the bearing of the north line of the SW 14 of said Seotion 29 being N 89' 29' 42" E. Said tract contains 6301 square feet (0.145 acres) more or less. Said traotto be used as: Right-of-Way Also known by street and number as: 3190 Y oungfield Street, Wheat Ridge, Colorado, 80033. With all its appurtenances, and warrant the title to the :lame subject to easements, rights of way and restrictions of record, if any. Signed this..1r9....- day of -Mv ,2008. ::ffia~^fWhe(rr ---~~ ~~ STATE OF COLORADO ) )SS. ) COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this ~ day of.1Ybl..-, 2008, by Dave Cicchlnelli as Vice President ofFirstBank of Wheat Ridge:. My commission expires: '~:16 ,~. Witness my hand and official seal. ~ /)h.&h~j Notary Public The drafter of this description is William O. BWltroek, P.LS., prepared on behalfofV3 Companies ofColotado, 2300 Blake Street, Ste 130, Denver, Colotado, 80205 and isnotto be COl\Sb'Ued as representing a monumented land smvey. AI TACHMENT 1 (W EXHIBIT A SHEET 1 Of 2 - ve.illml '<<l0Ym DESCRIPTION FOR RIGHT-OF-WAY DEDICATION A PARCe. OF LAND LYING IN LOTI. WALGREENSAT MAPLE GROVE SUBDfVISION RUNG NO.1, RECEPTION No. F1406991 IN THE JEFFERsoN COUNTY CLERKAND RECORDER'S OFACE, LOCATED 1N.1lIENQR1"HEASTQUARTER OFTHE SotmiWESTQUAR11i:R OF SECTION 29. TOWNSHIP 3 SOUTH,. RANGE 69 weST OFntE SIXTH PRINCIPAL MERIDIAN. CITYOf' WHEAT RIDGE, JEFFeRSON COUNTY, COLORADO, BEING MOREPARTICIJl..ARLY DESCRIBED AS FOU.OWS: COUMENCING AT THE CeNTER ONE WEST SIXl1i!NTH CORNER OF SECTlON 29. WHENCE l1-IE CENTER QUARTER CORNER OF SAID SECTION 29, BEARS N89"29'42"e,ADISTANCI; OF 1322A1 FEET; . n-tENCE mlV29'42"&.Al.ONG THE NORTH LINE OF THE NORlHEASTQUARTEROFTHE SOUTHWEST QUARTER OF SECTlON 29A DISTANCE OF 19O.8B FEET, THENCE SOO~3O'1&'E. A DISTANCE OP 30.00 FEeT TO THE NORTHERLY UNE OF SAID lOT 2, WALGREENS AT MAPLE GROVE SUBDIVISION FUNG NO. 1 BEING THE POIHTOf BEGINNING; THENCE SOO"49'OD"E, A DISTANCeOf' 17.00 FEET; mENCE S86"37'56"W. ADlSTANCE OF 71.D8 FEET; THENCE SS9"29'4O"W. A DISTANCE OF 19.93 FEeT TO A POINTOF CURVAnJRE; THENCIi, ALONG SAID TANGENT CURVE TO THE LEFT, HAVING A ClfNTRALANGLE OF W18"40-, A RADIUS OF 39.50 FEET. AN ARC LENGTH OF 62.26 FEET. A CHOM reAT PEARS S44020'20"W,ADlSTANCf! OF 56.01 FEET; llIENCI! SOO.49'OO-E. A DISTANCE OF 140.07 FEET. TOAPOINT ONl'HI! SOUTH LINe: OF SAID lOT 2; THENCE S89"'29'39"W. ALONG SAID SOUTH LINE, A DISTANCE OF 19.09 FEETTO A POINT ON me FORMER WESTERLY LINE OF SAID lOT ALSO BEING THE NORTHWEST CORNER OF A30 FOOT ACCESS EAS!MENTRECORDEO AT RECEP110N NO. 92072633; THeNCE NOO-49'OO"W. ALONG SAID FORMER WESTERLY LINE. A DISTANCe. OF 156.10 FEETTOAPOINTOF CURVA11JRE; THENCE, ALONG SAID TANGENT CURVE TO llIE RIGHT..HAVlNG A CENtAALANGLe OF90-18'4O", ARADIUS OF 44.00 FEET ANOAN ARC LENG11-I OF 69.35 FEET,A CHORD nlATBEARS N44"20'20-e, A DISTANCE OF 62.39 FeeT. TOA POINT ON THliNORTH LINE OF SAID LOT; ", THENCE N69"29'4O"E. ALONG SAID NORnf LINE, A DISTANCE!! OF 105.60 FEETTOTHE POINT OF BEGINNING. CONTAINING 6,301 SQUARE FEETORO.145 ACRI!S t ILLUSTRAll0N ATTACHED HERETO ANO INCORPORAlEO BY REFERENCE. SURVEYOR'S CERnFlCATE I HEREBY CERTIFYlHAT THE ATTACHED LEGAL DESCRIPllON WM PREPARED BY ME OR UNDER MY DIRECT SUPERVISION ANO IS ACCURATE TO THE BEST Of MY~OWLEDGE AND BIlUEF. WILLIAM G. BUNTROCK. PLS 35585 FORAND ON BEHALF OF V3 COMPANIES Of COLORADO. LTO. PROJ: 006013 V3 COMPANIES OF COlORADO 2399 Bl.AKE stRBrr.. STE.. 130. DENVER.. CO. 80205 PH: 303-989.&588 FX: 303-989-9932 IiENIiilR CHICAGO PHOENIX p 0 C ~ 1/;1 co~ Sf!\1a C~N' IV 1/16 WEST32NDAVENUE FOUND 3-1/2" BRA~ ~UND 3-1/"" ALUMINUM (R-O-WVARlES) ST~P~ ~~i3:; CAP IN RANGE BOX <II . .. I STAMPEO '"LS 131""" BASIS OF BEARINGS - N89 2942 E 1322.47 NORTH UNE OF lliE SW 1 '" OF SECllON 29 _ -S'""u'SElAENT 190.811', -P:O.B. 1131.59' (MEASfI!!P'i" ~~ PER WALGREENS AT MAPLE GROVE ,,-SOO'30'18"E. 0.111 Il!lI" ,8 al,. SUBDIVISION flUNG NO, 1N89029' 0"[ OS 50 3000' ~. alt tl.a, ,8 21 , r,'., I - " ,. n. ((eO( ft'.' ; . ~ ~500049'OO"E ({ / ~ \586;;;?~~"W l 589029' 40"W 71.08' 1 9.93' 10' RIGHT. OF WAY }... ER WALGREENS AT MAPLE QROVE o SUBOrWSfON flUNG NO. 1 ci v .C!'RVE TAB~,~ 1 LENGTH RADIUS DElTA I CHORD DIRECTION I CHORD LENGTH 69.55' 44.00' 90'18'40" N44'20'io''t 62.39' .26' 3. . 90'18'40" S44'20'20"W 56.01' I ~H:I~~~mos.iCrM.:n~~ PARCEL CONTAINS APPROX. 6.301 SQ. FT. (0.'45 ACRES:t) RIGHT-OF-WAY DEOICATlON FIRST BANK YOUNGFIELD LYlNG\'Il1KN LOTt. WAlGREEN8 AT MAPlE GROVE SUBDMSlON FlUNG NO. 1 lOCAlEDIH1IfENEf(4OFme:SWfHOF8Ec.2t. T. ss., It. 61W.OFlHE6lhfl.M.. cm:OFWHMTRlCiGE,COUNTVOFSFERSON, . REV. 1-03-08 STATeOFCOlOlV.oO J08No.OO6O.!..~_~~~ 1-=50' !;l ~ r.l <li e: r;j' tl) ~,~ ~~ ~~ ~ LOT 2. WALGREENS AT MAI'l.E GROVE SUBDMSION FlUNG NO.1 8' RIGHT OF WAY ER WALGREENS AT MAPLE GROVE SU801VS1ON FlUNG NO. 1 9' EASEMENT ER WALGREENS A. T MAPLE GROVE SUBDIVISION RUNG NO. 1 ~S89.29'39"W 19.09' eAPLM GROV~ GRANGE (BK.6f7. PG.268J cw Engineers ""'.bbS~"'''''I30 Denvw.COaG2:05 Scientists 303.9&9.8S88YOic; .......-.. Surveyol1I __ COMPANlBSOFCOLO.RADO.LID. LO~Ii!~; blfllUSIOi\! '98blLG~E slIiI@1 'l GRO' l1li0. i1IIblPLE FI~Ii!G PA.GE.20F2 ... .. ~ .' < ' city of . pWlieatRL.dge ITEM NO: ~I REQUEST FOR CITY COUNCIL ACTION 4it~ "-->""~ V ,,,.p/' , ~~ nu un COUNCIL MEETING DATE: July 28, 2008 TITLE: COUNCIL BILL NO. 10-2008 - 2nd READING OF AN ORDINANCE AUTHORIZING Hlli APPROVAL OF A CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN AT 6340 W. 38TH AVENUE (CASE NO. WZ-08-02/SHA W SIGN FOR HIGHLAND SOUTH AND WEST) o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR I ST READING (06/23/08) ~ ORDINANCES FOR 2ND READING (07/28/08) Quasi-judicial: ) ,)~ YES _, . M Ii\ ~ ~':) / Director of Commwhf eve opm t I o NO City~~r~ EXECUTIVE SUMMARY: The applicant requests approval of a change of zoning conditions on property zoned Planned Residential Development pursuant to Case No. WZ-81-28 and for an amended Outline Development Plan (ODP). The subject property is located at 6340 W. 38th Avenue (Highland South and West multi-family residential development). The applicant is requesting that one of the development standards of the zoning on the property be modified to allow a larger sign. A change of development standards for a specific zoning approval requires a zone change process. This case was not eligible for administrative approval. This case was recommended for approval by Planning Commission at a public hearing held on June 5, 2008. This City Council action is related to Goal 3 of the Strategic Plan of partnering between the City, community and region. COMMISSIONIBOARD RECOMMENDATION: This case was reviewed by Planning Commission at a public hearing held on June 5, 2008. A recommendation of Approval was given with the following conditions: 1. The title be corrected to reflect an ODP amendment. 2. The legal description be corrected. 3. A note shall be added that all other provisions of the existing ODP remain in force. 4. It be noted that the site data table on page one relates only to Lot 1. STATEMENT OF THE ISSUES: The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable uses and development standards. One of the development standards typically established by the ODP is signage allowances. The ODP for the Highland South and West development indicates that signage on the property is to be consistent with City of Wheat Ridge zoning and development code. The sign code allows residential development to have one freestanding sign per street front with a maximum of 32 s.f. per sign face and a maximum height of 7' . The applicant is proposing a sign which is 10'-4" in height with 60 s.f. of sign copy per face including a changeable copy time and temperature sign. Because the proposed signage exceeds the maximums in the zoning and development code, the underlying zoning and ODP plan must be modified. ALTERNATIVES CONSIDERED: 1. Approve the change of zoning conditions and amended ODP. 2. Do not approve the change of zoning conditions and amended ODP. FINANCIAL IMPACT: A one time review fee was collected for the processing of this application. Building permit fees and use tax will be assessed at the time of building permit for the sign. RECOMMENDED MOTION: "I move to approve Council Bill 10-2008. Case No. WZ-08-02, A Request for Approval ofa Change in Zoning Conditions on Property Zoned Planned Residential Development and for Approval of an Amended Outline Development Plan for Property Located at 6340 W. 38th Avenue for the following reasons: 1. The sign is an appropriate amendment for the site in that it is proportionate to the northern structure on the property. 2. The sign code does not distinguish between a three unit multi-family development or one of this size which has 237 units. 3. The proposed sign would be an investment in the property. With the following conditions incorporated into the plan set prior to recording: 1. The title be corrected to reference Highland South Planned Residential Development. 2. The legal description be corrected. 3. A note be added that all other provisions ofthe existing ODP remain in force. 4. It be noted that the site data table on page one relates only to lot one." Or, "I move to table indefinitely Council BilllO-200S, Case No. WZ-OS-02, A Request for Approval of a Change in Zoning Conditions on Property Zoned Planned Residential Development and for Approval of an Amended Outline Development Plan for Property Located at 6340 W. 3Sth Avenue for the following reasons: 1. There are options available for signage on the property which are consistent with the existing sign code and ODP. 2. The criteria used to evaluate a change in zoning conditions do not support the request. 3. The proposed architectural sign elevations are inconsistent with "human scale design" as called for in the Multi-Family Residential Design Standards in the Architectural and Site Design Manual. 4. A precedent could be set for other similar requests." Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Kenneth Johnstone, Director, Community Development ATTACHMENTS: 1. Planning Commission Staff report (with exhibits) 2. Corrected Council Bill No.10-200S CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Planning Commission DATE OF MEETING: June 5, 200S CASE MANAGER: Meredith Reckert, Senior Planner CASE NO. & NAME: WZ-OS-02/Shaw Sign for Highland South and West ACTION REQUESTED: Approval ofa change in zoning conditions (standards) and for an amended PRD Outline Development Plan LOCATION OF REQUEST: APPLICANT: OWNER (S): APPROXIMATE AREA: 6340 W. 3Sth Avenue Shaw Sign and Awning United Presbyterian S.3 acres PRESENT ZONING: Planned Residential Development COMPREHENSIVE PLAN: Planned Residential Development (not to exceed 16 du's per acre) ENTER INTO RECORD: COMPREHENSIVE PLAN ZONING ORDINANCE CASE FILE & PACKET MATERIALS DIGITAL PRESENT AnON Location Map I SITE Planning Commission (June 5, 2008) ATTACHMENT 1 Case #WZ-08-02/Shaw Sign for Highland South and West I. REQUEST This application is for approval of an amended Outline Development Plan for property located at 6340 W. 38th Avenue. The purpose of the ODP amendment is to allow for a freestanding sign which exceeds the residential standards of Article VII. of the zoning and development code in an existing Plarmed Residential Development District. Pursuant to Section 26-112.B.2., a zone change process is required when changing the conditions of an existing zone district where those conditions were specifically established by a previous zoning action. In this case, the change of zoning conditions is the proposed modification to one of the development standards regulating signage. II. EXISTING CONDITIONS The property in question is zoned Plarmed Residential Development having been rezoned from R-3, Residential-Three, and R-2, Residential-Two in 1982 pursuant to Case No. WZ-81-28. It is comprised of8.3 acres oftotalland area and has street frontage on West 38th Avenue. (Exhibit 1, existing ODP) The plarmed development is comprised of two components. Highland West is an eleven story senior housing facility built in 1961. It contains 120 dwelling units which results in a density of 43 dwelling units per acre. Highland South was constructed in 1982 subsequent to the zone change and consists of three, three- story structures with 117 dwelling units. Highlands South is located to the south of Highlands West and obtains access through the northern property to W. 38th Avenue. III. CASE ANALYSIS The Outline Development Plan (ODP), which accompanies a rezoning ordinance, sets the allowable uses and development standards for a plarmed development. It is typically general in nature and serves as the blueprint for development of the property by showing approximate areas oflandscaping, building footprints and parking. The Outline Development Plan is used to establish design parameters including maximum building height, minimum landscaped coverage and minimum perimeter setbacks. One of the standards typically established by the ODP document is signage allowances. The ODP for the development has the following note regarding signage: "There will be one freestanding sign at the 38th Avenue entrance which will be aesthetically pleasing and will consist of the development's name. All signage will comply with all Wheat Ridge Zoning Ordinances and other authorities having jurisdiction." The sign code allows residential development to have one freestanding sign per street front with a maximum of 32 s.f. per sign face and a maximum height of 7'. Because the sign will be identifYing both Highlands West and Highlands South, Staff would allow up to 64 s.f. of sign area, thus allowing 32 s.f. for each of the portions of the property on a single sign. If these standards were followed, and the sign were 7' in height, only a building permit would be required for erection ofthe sign. The applicant is proposing a sign which is 10'-4" in height with 60 s.f. of sign copy per face including Plarming Commission (June 5, 2008) Case #WZ-08-02/Shaw Sign for Highland South and West 2 a changeable copy time and temperature sign. Part ofthe height of the sign is due to an architectural embellishment which creates a mountain silhouette at the very top. The sign will be set back IT from the front property line. The base of the sign, which appears to be over 2' in height, will match the existing brick used in the Highland West apartment structure. (Exhibit 2, Proposed ODP amendment) Because the proposed height of the sign exceeds the maximum residential sign height ofT, an ODP amendment is required. IV. NEIGHBORHOOD MEETING A meeting for neighborhood input was held on November 14, 2007. (Exhibit 4, neighborhood meeting notes, Exhibit 5, Sign-up sheet) V. AGENCY REFERRALS All responding agencies have indicated "no comment" with regard to the proposed sign. Public Works has indicated that the sign will not interfere with the project entry sight triangle. VI. CRITERIA FOR ADMINISTRATIVE ODP AMENDMENT APPROVAL Section 26-311.B. of the zoning and development code prescribes that amendments to Outline Development Plans can be approved administratively if they do not impact any ofthe planned development district attributes. 1. Increase in the gross floor area of strnctures beyond the authorized maximum allowed on the approved outline development plan. The proposed amendment will not result in an increase of gross floor area as prescribed by the existing ODP document. This attribute would not be impacted. 2. Proposed land uses are not permitted on the approved outline development plan. No additional land uses are being proposed. The property will remain as an elderly multi-family development. This attribute would not be impacted. 3. Increase in density or intensity of use. One may argue that the higher sign is an increase in intensity of use ofthe property. However, the structure on the property is the tallest building in Wheat Ridge being II stories in height. The applicant therefore contends that the 10'-4" sign will be proportionate with the building. The existing sign is unattractive and does not adequately identifY the Highland West and Highland South properties. Staff believes that a l' high sign would provide adequate visibility for the property and would still be proportionate. The sign as proposed could be modified by removing the time/temperature reader board and reduction of the base meeting the l' height maximum prescribed by the sign code. Planning Commission (June 5, 2008) Case #WZ-08-02/Shaw Sign for Highland South and West 3 This attribute would be impacted. 4. Decrease in perimeter setbacks. There will be no reduction in setback as a result of this request. This attribute would not be impacted 5. Reduction in required buffer areas. There will be no reduction in buffer areas as a result of this request. This attribute would not be impacted 6. Increase in height of any structures. The request would modifY the height of one of the permitted accessory structures on the property. No other residential development in the City of Wheat Ridge has a sign exceeding Tin height. This attribute would be impacted. Attached is the applicant's letter which includes justification for the request. (Exhibit 3, applicant letter) This request was reviewed by the Community Development Director for administrative approval and was denied based on an increase in the intensity of use and the increase in structure height. Therefore, it was scheduled for public hearing review in front of Planning Commission, who will give a recommendation to City Council. V. ZONE CHANGE CRITERIA Staff has the following comments regarding the zone change criteria. The Planning Commission shall base its recommendation in consideration of the extent to which the applicant demonstrates the following criteria have been met: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; The official zoning map is not in error. The parcel is currently zoned Planned Residential Development. 2. A change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, Development along West 38th Avenue continues to be a mix of both commercial and residential development. Much of the existing residential development, particularly single family homes, is deteriorating. There has been some investment in commercial properties in the immediate vicinity. The proposed sign which is unattractive and inadequate for project identification and would result in an investment in the property. Planning Commission (June 5, 2008) Case #WZ-08-02/Shaw Sign for Highland South and West 4 The Planning Commission shall also f"md that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; The Comprehensive Plan designates the property as PRD (Not to exceed 16 du's per acre). The proposed modification to the underlying zoning for the property would not be inconsistent with the Comprehensive Plan, even though it does not meet the prescribed density cap. Staff concludes that the proposed change of zoning conditions and ODP amendment have met this criterion. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; The subject property is surrounded to the north, west and east by a variety ofland uses including low and high density residential and commercial land uses. The proposed sign amendment is more commercial in nature, than residential. The existing multi-family high rise is the tallest building in Wheat Ridge and the applicants believe the proposed 10'-4" high sign is proportionate to the size and height of the building. Staffs believes that the existing sign code provisions could be followed and provide adequate advertising for the complex. Staff concludes that the proposed change of conditions and ODP amendments have not met this criterion. c. There will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; There will be economic benefits as a result of the change of development standards due to a positive investment in the property. The existing sign is unattractive and does not provide adequate visibility for the complex. Many visitors to the complex are elderly which exacerbates the visibility issue. Planning staff is more concerned for the setting of precedent for other similar requests. Staff concludes that the proposed change of conditions and ODP amendments have not met this criterion. d. Adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; All agencies can continue to serve the property. Staff concludes that this criterion is not applicable. Planning Commission (June 5, 2008) Case #WZ-08-02/Shaw Sign for Highland South and West 5 e. The change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; The larger sign will not negatively affect traffic congestion, drainage concerns or reduce light and air to adjacent property. Public Works has determined that the proposed sign will not result in a sight distance problem, therefore, public health and safety will not be impaired. Staff concludes that this criterion has been met. 3. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. The proposed sign is generally attractive and incorporates brick into the base which matches that used in the high-rise. However, it is definitely not designed with "human scale" in mind as detailed on the rendering in the right hand comer of the ODP document. For this reason alone, Staff has concluded that the proposed ODP modification is inconsistent with applicable standards in the Multi-Family Residential Design Standards in the Architectural and Site Design Manual. Staff concludes that this criterion has not been met. VII. STAFF CONCLUSION Staff has concluded that there are options available for signage on the property which are consistent with the existing ODP document and sign code. The sign could be easily modified to be consistent with the T height limitation, while providing adequate visibility for the development. While Staff concludes that a new sign will result in an investment in the property, this could be achieved under the existing conditions. Because the proposed sign is not consistent with "human scale" design as called for in the Architectural and Site Design Manual and because precedent could be set for similar requests, a recommendation of DENIAL is given for Case No. WZ-OS-02. VIII. SUGGESTED MOTIONS: Option A: "I move to recommend DENIAL of Case No. WZ-OS-02, a request for approval of a change in zoning conditions and an amended Outline Development Plan for property located at 6340 W. 3Sth Avenue for the following reasons: 1. There are options available for signage on the property which are consistent with the existing sign code and ODP. 2. The criteria used to evaluate a change in zoning conditions do not support the request. 3. The proposed architectural sign elevations are inconsistent with "human scale design" as called for in the Multi-Family Residential Design Standards in the Architectural and Site Design Manual. 4. A precedent could be set for other similar requests." Option B: ": "I move to recommend APPROVAL of Case No. WZ-OS-02, a request for approval of a change in zoning conditions and an amended Outline Development Plan for property located at 6340 W. 3 Sth Avenue for the following reasons: Planning Commission (June 5, 200S) Case #WZ-OS-02/Shaw Sign for Highland South and West 6 1. 2. 3." Planning Commission (June 5, 2008) Case #WZ-08-02/Shaw Sign for Highland South and West 7 t'" SHt\W$I<:?f:.J ~;4\WN I NG ,..' N~, ... ~t . 901 S.W. FRONTAGE ROAD, FORT COLLINS, CO 80524 (970) 493-6244 FAX (970) 493-6288 October 9, 2007 City of Wheat Ridge, Colorado 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meridith Reckert, AICP Senior Planner RE: Final Planned Development Amendment for Highland South Planned Residential Development located at 6340 West 38th Avenue, aka Highland West Apartments. Owner: United Presbyterian Association 6340 West 38th Avenue Wheat Ridge, CO 80033 303/424-9401 Lisa Brown, Property Mgr. Pronosed Chan2:e to Final Planned Develonment The applicant is requesting to amend the existing Final Planned Development Plan for the Highland South Planned Residential Development, to allow the installation of one (1) new internally illuminated freestanding double face sign to the northeast comer of the property that would not comply with Section #26-410 (d) (2) and Section #26-410 (d) (4) of the City of Wheat Ridge municipal code to replace an existing freestanding sign in approximately the same location. The requested new sign would adhere to all other sections of the Wheat Ridge municipal code including setbacks from adjacent properties and Street Right-of-Ways and be displayed in a landscaped area. Actual setbacks will be 17' -0" from West 38th Avenue (adjacent to the north property line) and 21' -0" from the private drive located on the east side of the subject property. Further, this request asks for an allowance of up to a maximum of 64 ft2 per face vs. the allowed 32 ft2 per face, and an increase in height to 10'-4" vs. the allowed 6'-0" height restriction. Lastly, we respectfully request the allowance of one (1) single face electronic time and temperature sign of approximately 3.75 ft2 per face to the proposed sign. We, the petitioners do not foresee the granting of this request creating any traffic and/or public safety problems, and feel the proposed amendment will result in the facilitation of easier communication between the people and their surroundings, while conserving the character and economic value of the buildings and neighborhoods in the City of Wheat Ridge community. Cordially submitted, Richard Garlock Shaw Sign & Awning, Inc. Owner Representative 303/522-7482 (mobile) EXHIBIT 3 7500 West 29th Avenue Wheat Ridge, Colorado 80033 3031 235-2846 Fax: 303/235-2857 The City of Wheat Ridge NEIGHBORHOOD MEETING NOTES Date: November 14, 2007 City Staff Present: Travis Crane, Plamler II Location of meeting: Highlands West Apartments 6340 W. 38th Avenue Property address: 6340 W. 38th Avenue Property owners: United Presbyterian Association 6430 W. 38th Avenue #101 Wheat Ridge, CO 80033 303-424-9401 Property Owner(s) present? Yes Applicant representatives: Rich Garlock Shaw Sign and Awning 901 S.W. Frontage Rd. Ft. Collins, CO 80524 970-493-6288 Existing Zoning: PRD, Planned Residential Development Comprehensive Plan Designation: PRD (16 dwelling units/acre) Applicant's Proposal: The property owner would like to construct a new freestanding sign adjacent to W. 38th Avenue. The sign would replace the existing freestanding sign, and would advertise both properties (Highlands Wes and Highlands South). The new sign would be approximately 10 feet four inches in height, and would contain a four square foot time/temperature display. The owners would prefer to have a ten foot tall sign to minimize any damage/vandalism from passers-by. The sign would meet the required setback from W. 3 8th Avenue, and would not conflict with any existing trees. The following issues were discussed regarding the proposed amendment to the Highlands West Outline Development Plan and proposed sign modifications: . Will the sign be lit? Yes, the sign will be internally illuminated. EXHIBIT 4 · Will it be easy for passing cars to see the sign? Many times taxis and visitors to the property do not see the existing sign. Yes. · Will you cut down any trees? No. . How high will the sign be? 10' high. . How is the proposed sign out of conformance with today's regulations? Per the existing ODP document, and today 's standards, a freestanding sign if limited to 64 sf since it will be advertising two properties with a maximum of7' of height. . Will the sign obstruct anyone's view from the building? No . Will the sign allowance change allow other properties to build larger signs? No, other residential properties would need to follow the sign code which allows one freestanding sign with 32 sf of sign copy 7' in height. · Can the city move the traffic light on 38th A venue to the east to align with the eastern drive aisle into the property? That issue will be pursued by staff with the public works department. · Can the city install a one-way sign on the east drive aisle into the property? Because it is private property, the property owner would be responsible for this. 2 5 -- Nam~ 1. 2. 3. 4. 5. co -/ ROU ...- \~ 7. 8. 9. 10. NEIGHBORHOOD N\EE1ING NO\lember '\ 4, 2007 S\GN-\N i\ ryll 11. 12. 13. 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INTRODUCED BY COUNCIL MEMBER Council Bill No. 10-2008 Ordinance No. IITLE: COUNCIL BILL NO. 10-2008 - AN ORDINANCE AUTHORIZING THE APPROVAL OF A CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN AT 6340 W. 38TH AVENUE (CASE NO. WZ-08-02/SHA W SIGN FOR HIGHLAND SOUTH AND WEST) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section I., Upon application by Shaw Sign for United Presbyterian, approval of change of zoning conditions on property zoned Planned Residential Development approved pursuant to Case No. WZ-81-28 and for approval of an amended Outline Development Plan for property located at 6340 W. 38th Avenue and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a change of zoning conditions and an amended Outline Development Plan are approved for the following described land: LOT 1, BLOCK 1 AND LOT 2, BLOCK 2 OF HIGHLAND SOUTH SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Prooertv Rights. Approval ofthis change of zoning conditions and amended Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safetv 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 ofthe 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. Severabilitv. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted 1 ATTACHMENT 2 by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Sunersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2008, 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 .2008, 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 , 2008. SIGNED by the Mayor on this day of ,2008. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY 151 publication: 2nd publication: Wheat Ridge Transcript Effective Date: 2 Purpose orlhe Outline Development Plan (ODP) Amendment is 10 nllow signnge l~)r the development whieh exceeds the residential signage standnrds urlhe zoning nnd development code as stipulated by' ODP document. Seetion16-112.B,1. provides a zuneehilnge process is required whel1 modil~"ing lhe condiliolls of an existing Zllne district which includes dc\'c1opmCnl slilndards regulilting signage. rhc \'chicle l~lr m()dij~'illg the standards in a plnllned den;!oj)ment is Ihe ODP document. Existing Conditions I-lighland West (northern portion) built in 1961 - 12n du's 0112.8 acres in an II story bllildin~. Highland West is the tallest building in City. Bolh portions rezoned from R-2 and R-3 to Planned Residelllial Development in 1982. Highland South (southern portion) huilt in 1982- Three, three-storv structures with 117 dll's on 5.51 acres including pllblic open space dkectly to the south (adjacent to cOllnllunity center). Highland South has no direct sIred frontage hut gains access to 381h A venue through Highland West. 1 2 Outline Development Plan (ODP) Document Controlling development document lor <l planned development zoning which regulates the Jollowing: Al10wablcuses Development St,mdards (max. building height. min. landscaped co\'emge, perimeter setbacks) ,\Iso cunlrolssignagc Existing aD!' Provisions for signage: "There will be one free standing sign at the 381h Avenue entrance which will be esthetically pleasing, <lnd will consist of the development's name. All signage will comply with all Wheat Rid!..';c ZOnitH.( Ordinances and other authorities ha':;e jurisdiction." Existing sign code: Allows one sign per street li'ont up to 32 s.t: per side with a maximum height ofT and setbac k 5'. Staff has indicated that we would allow one sign with 64 s.t'. (32 s.f.per development) with (J max. heighl of T. , I <"'N~..~~ i,l_~ ~~.:-.... ._.... ~,.__::tE:;.~~- r~lr..;r.r.. "-"" ,- _....-- I~"~_~y<?'" ~~~':::-:-~":"::5:-_~"'- i;;t~~-:~~~~~=~~~!::~~c:~~::~:;' --~ ,--=--, - 'I." ,",- '- ~,. " , t' ., ;} ."i~.1 -l.__T'=<- ..~ --... I ___.~__ ~~~-lG I~~;T ! ..=-~.-='r ~d:~ ~~{ ~~~ iz;~= r_ ~~ ~E}~""X E''=>-.?':'' ..."}E ~~ ~ -~ ;~~~tt:"":'~~'."~- :;"":;;~~""~ _....-. ',"'.i:!1';;;'lC"ii .... ==..,,= ~~'Wf.i~ ~,=. .-=:~;:,..\F- - ~ .... I I ! i --- rI'=- jl :;:.:_~-=:: ... -- , .HI ., di, 111 oj" II! Iii 'I' IJ 3 Zone Change Criteria ClllTcntzoning;sPRD, CI1.IIl;,.oofcondilil'!lS r~'\luircsLOllCd"ll1ScpH1CCS5. W,38"':\\'CllllC--mixofrcsidcnlialallllcnlllln,:"ciJlwilbdclCri',1'aI;,'n;n ,'Hll~placesalld inl'estment in other, bisling sisn.is_\lI1.lItr"cti\'c and inJdcqumc I;". p1\).i~,\;1 i.d n~w "s" \n'uld],csll]11l1I1ln>-'lln~nl111thcpr<1p"l1y. Prop,',(\lsi_~J1 i., cllm"":I,.;"t ill n,lllI'-":. SwffbdicICSllia\ thee.,istin:! sign COdl'(OlLldlll:I,'II("\"Ld",,,lpr""'d~"lkql1mci.d, t,'rpl'c,pCn, COlllprchcns;YC'l'lalllk,ignal;Oll: l'RDI l(i du"s pc.r <lcrc) Ecollomic l.....lld'ts duc" 10 upgrade in the Pt<\P~11:' but nndd \1.: prccc(knt ,cuing :\gcn~ics c,'" CnnlillllC 10 s,,,-,,c ;\,, 1]('~~li\'c ill\p~([ ,H\ Irani" Cl)l\gc_'lil\ll. d,-"in,lgc. amo"nt "I' li~bl and ail loadiac':lllpr,)p':J1tc".Mhc."lih.s:okl~'nr\\'drar" In""I1.,isl.:r11 lI'ill1--jllJ[nanSClk-. '''''':'1lLir~d hy _,ISn.\! JfCityCOllncil chooses 10 approve the amendment, Stnfr recommends the (allowing c\)ndilions be incOlvoraled into lhc motion: Thc tilk bc cOlTcclcd 10 reflecl ODP amendmcnl. Theleg<lJ descriplionbccolTccted. Add a nOle lbat all olher provisions ol"the existing ODI' remaininli.wce. Spceif)' lhatlhc sile daw wble relates onl}' 10 LOI I. 4 '" ~ I. ~ ~ ~ City of ?WheatRL-dge ITEM NO: 3l REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: July 28, 2008 TITLE: COUNCIL BILL NO. 11-2008 - AN ORDINANCE AMENDING SECTIONS 17.1, 17.22 AND 17.32 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESTRICTIONS OF USE OF LAKES AND WATERWAYS WIn1ll~ THE CITY D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING: (07/14/2008) i:8J ORDINANCES FOR 2ND READING: (07/28/2008) Quasi-judicial: DYES i:8J NO 'J::/:te~A~ ~CU""c:t> City Manag9\- 0 EXECUTIVE SUMMARY: Prior to June 1, 2008, the Police Department received a citizen inquiry regarding boating on City waterways. In answering the question, along with the review of the applicable Code of Laws, it was found that waterways were not specifically addressed. As the summer months are approaching, it is quite typical for the water in Clear Creek to rise and the additional water volume and speed increases the dangerousness of boating. In addition, other revisions were determined necessary to ensure the safety of the public on City waterways. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF TIlE ISSUES: Community Service Officers (CSO) currently have the authority to restrict the use of parks and recreation facilities within the City. To make the Code of Laws more clear and to ensure the safety of the public in the event it becomes necessary for a CSO to restrict the use of lakes and waterways, Code S€ctions 17.1, 17.22 and 17.32 have been revised to include the terms "lakes and waterways." The revisions include a requirement that each person occupying a watercraft wear an approved personal flotation device whereas the current City Code does not require the wearing of such devices, only that the devices be available and on board for each occupant. Section 17.32 (f) provides CSO's the authority to close City waterways due to inclement weather or other unsafe conditions. Lastly, the revisions provide the authority for CSO's to enforce those sections of the Colorado State Statutes, as amended, that are not covered in the City Code of Laws. ALTERNATIVES CONSIDERED: Do not amend the City Code and respond to boating issues on the City waterways with limited authority concerning situations constituting a danger to the health and safety of the public. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to approve Ordinance 11-200S. an Ordinance amending Sections 17.1, 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of lakes and waterways within the City on first reading, order it published, and set for a second reading at a public hearing on Monday, July 2S, 200S at 7 :00 p.m. in City Council Chambers, and that it take effect 15 days after [mal publication." r < . I or, , < "I move to deny the approval of Ordinance 11-200S. an Ordinance amending Sections 17.1, 17.22 and 17.32 of the Wheat Ridge Code of Laws concerning restrictions of use of lakes and waterways within the City" for the following reasons: " Report Prepared By: Daniel Brennan, Chief of Police Report Reviewed By: Patrick Goff, Deputy City Manager ATTACHMENTS: 1. Staff Report 2. Proposed Ordinance 11-200S Amendments 3. Article 13 of Title 33 of the Colorado Revised Statutes entitled Vessels ,.~i~ ~, City of -~Wheat~dge ~OLlCE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio and City Council THROUGH: Randy Young, City Manager Daniel Brennan, Chief of Police FROM: Joe Cassa, Division Commander Patrol Operations Division DATE: June 26, 2008 SUBJECT: Staff Report: Code of Laws, Section 17-22 Recently, the department received a citizen inquiry regarding boating on City waterways. In answering the question, along with a review of the applicable Code of Laws, Section 17-22, Commander Cassa found that waterways were not specifically addressed. As the month of June was approaching, it is quite typical for the water in Clear Creek to rise and the additional water volume and speed increases the dangerousness of boating. The purpose of the proposed amendments to the existing ordinance is to extend the authority of Community Service Officers (CSO's) on City lakes and waterways by: . Clarifying through the addition of the restriction of use oflakes and waterways whereas the current City Code (Section 17.22) does not specifically address lakes and waterways; . The added requirement of each person occupying the watercraft wearing an approved personal flotation device whereas the current City Code (Section 17.32 (5)) does not require the wearing of such devices, but that they only be available and on board for each occupant. The requirement for a single throw floatation device now requires at least one such device be on board the watercraft. . Section 17.32 (f) currently does not provide the authority for Community Service Officers to close city waterways due to inclement weather or other unsafe conditions which in the judgment of the Community Service Officer constitutes a danger to the health and safety of the public. I have received and incorporated the suggestions of the Parks and Recreation Department Director, the City Open Space Coordinator, the Community Service Officer Unit supervisor and the Patrol Operations Division Lieutenants. All parties agree the proposed ordinance changes are appropriate and necessary to protect health and safety of the public using City lakes and waterways. Staff is recommending City Council approve these changes. A copy of the revised ordinance is attached for your review. Attachment Brennan\City Council\Staff RepOlt Amend Waterways 062608.doc ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LANGWORTHY Council Bill No. 11-2008 Ordinance No. TITLE: AN ORDINANCE AMENDING SECTIONS 17.1,17.22 AND 17.32 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING RESTRICTIONS OF USE OF LAKES AND WATERWAYS WITHIN THE CITY WHEREAS, the City Council of the City of Wheat Ridge, Colorado has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, exercising this authority, the Council has previously adopted Chapter 17 of the Wheat Ridge Code of Laws entitled "Parks and Recreation;" and WHEREAS, the Council has determined it is necessary to amend Sections 17.1, 17.22 and 17.32 of the Code to extend enforcement authority of code officers to lakes and waterways. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 17.1 is amended by the addition of the following definition: WATERWAY MEANS THE PORTIONS OF LENA GULCH AND CLEAR CREEK WITHIN CITY LIMITS. Section 2. Section 17.22 is amended to read as follows: Sec. 17-22. Restriction of use. The director may restrict the hours, days and weeks of use of any recreation center or building, facilities, parks, open space--ef trails, LAKE OR WATERWAY, and the director or aR a CSO may restrict or remove any user, individual or group for violation of any of the rules and regulations set forth in this article. A I I ACHMENT 2 Section 3. Section 17.32 is amended to read as follows: Sec. 17-32. Boating. a) All nonmotorized watercraft designed to be used as a means of transportation on water, other than single-chambered air-inflated devices, shall be allowed on any waters in the park and recreation areas of the city as outlined in this section except for Bass Lake. Boating is prohibited on Bass Lake. (b) In order to boat on any water in the parks and recreation areas of the city the following requirements shall be met: (1) The watercraft shall be non motorized, propelled solely by means of oars and paddles or by the use of sails. Any watercraft which has a motor-driven means of propulsion shall be classified as motorized and shall be prohibited upon the water of the city. (2) Any sailboat must be properly registered with the Colorado Division of Parks and Outdoor Recreation. (3) All air-inflated devices, including inflatable canoes, kayaks, rafts and belly boats, must have a minimum of two (2) separate and distinct chambers. Inner tubes, air mattresses and other similar beach toys are not permitted at any time. (4) The watercraft shall be in seaworthy condition as defined by these rules and regulations and determined by the CSOs. (5) EACH PERSON OCCUPYING A +Ae watercraft shall BE REQUIRED TO WEAR A h(l'/o ono (1) personal flotation device of a type currently approved for use by the United States Coast Guard WHILE THE CRAFT IS IN USE. IN ADDITION, EACH WATERCRAFT SHALL HAVE on board AT LEAST for oach person occupying tho craft and one (1) throw flotation device. (f) AR A CSO may order operators from the water when, in the CSO's judgment, such operators constitute a safety hazard to themselves or other OPERATORS operations. CSOs may also order from the water persons or crafts operating in a reckless or careless manner or in disregard of or in violation of any department of parks and recreation rule or regulation. CSOs shall have the authority to close ANY LAKE OR WATERWAY tho lal(o because of inclement weather or any other unsafe condition which, in the judgment of the CSO, constitutes a danger to the health and safety of the public. (g) EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE PROVISIONS OF ARTICLE 13 OF TITLE 33 OF THE COLORADO REVISED STATUTES, ENTITLED VESSELS, AS CURRENTLY WRITTEN AND HEREAFTER AMENDED, SHALL APPLY TO LAKES AND WATERWAYS WITHIN THE CITY. Section 4. Severabilitv. Conflictina Ordinances ReDealed. 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 (15) 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 o on this 14th day of Julv, 2008, 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 Mondav. Julv 28, 2008 at 7:00 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 , 2008. SIGNED by the Mayor on this day of .2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: July 17, 2008 Second Publication: Wheat Ridge Transcript Effective Date: Michie's Legal Resources Page I of I 33-13-1Q1.L~giJ;1!!tly~!I,ec!1!r"tlQP. It is the policy of this state to administer the registration and numbering of vessels in accordance with federal laws pertaining thereto and to promote the safety of persons and property in connection with the use, operation, and equipment of vessels. Source: L. 84: Entire article added, p. 897, 9 2, effective January I, 1985. ? http://www.rnichie.comlcolorado/lpext.dlllcocode/53ba6/543 fa/54 5df/54 5f9?f=templates&f... 717/2008 ATTACHMENT 3 Michie's Legal Resources Page I ofl 33-13-1QZ. Definiti9!!s. As used in this article, unless the context otherwise requires: (I) "Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion including "personal watercraft" as defined in subsection (3.3) of this section. (2) "Operate" means to navigate or otherwise use a vessel. (3) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable interest which entitles him to such possession. (3.3) "Personal watercraft" means a motorboat that uses an inboard motor powering a water jet pump as its primary source of motive power and is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel. "Personal watercraft" includes a motorboat known as a "specialty prop-craft", which is similar in appearance to a personal watercraft but powered by an outboard or motor driven propeller. (3.7) "Sailboard" means a sail propelled vessel with no freeboard and equipped with a swivel mounted mast, not secured to a hull by gnys or stays. (4) "Sailboat" means any vessel propelled by the effect of wind on a sail, including sailboards. For the purposes of this article, any vessel propelled by both sail and machinery of any sort shall be deemed a motorboat, when being so propelled. (5) "Vessel" means every description of watercraft used or capable of being used as a means of transportation of persons and property on the water, other than single-chambered air-inflated devices or seaplanes. (5.5) "Vessel staging area" means any parking lot, boat ramp, or other location that any vessel is transported to or from by a motor vehicle and where such vessel is placed into operation on or in the water. "Vessel staging area" does not include any location to which a vessel is transported primarily for the purpose of service, maintenance, repair, or sale. (6) "Whitewater" means natural running water with intermittent rapids. Source: L. 84: Entire article added, p. 897, 9 2, effective January I, 1985. L. 88: (4) amended, p. 1165, 9 I, effective March 16. L. 93: (3.7) added, p. 1836,9 I, effective July I. L. 97: (I) amended and (3.3) added, p. 1604,9 I, effectiveJune 4. L. 2003: (5.5) added, p. 1945, ~ 15, effective May 22. http://www.michie.comlcoloradollpext.dlllcocode/53ba6/543 fa/545df/545 fe? f-=templates&f... 7/7/2008 Michie's Legal Resources Page I of2 33-13- Hl~. N ulllbcring !If vc~.~(!!s rcq!!i.rcd. (I) It is unlawful for any person to operate or use a vessel on the waters of this state or to possess a vessel at a vessel staging area unless such vessel has been numbered and a certificate of the number, referred to in this article as a "registration", has been issued to such vessel by the division. The operator of such vessel shall produce the registration for inspection upon demand of any officer authorized to enforce the provisions of articles 10 to 15 and 32 of this title. The following are exempt from the requirements of this subsection (1) and from the vessel registration fee as specified pursuant to section ;13-10-111 (5): (a) Any vessel which is neither a motorboat nor a sailboat as defined in section ;)3-13-102: except that canoes, kayaks, and nonrnotorized rafts exempted by this paragraph (a) shall be marked as required by subsection (5) of this section; (b) Vessels holding a valid marine document issued by the United States bureau of customs; (c) Vessels which are numbered in accordance with applicable federal law or in accordance with a federally approved numbering system of another state when the registration is valid and the ideutifYing number set forth in the registration is displayed on each side of the bow of such vessel, which vessel is not used within this state during a period of uot more than sixty consecutive days; (d) A vessel from a country other than the United States temporarily using the waters of this state; (e) A vessel belonging to a class of vessels which has been exempted after the division has found that the numbering of vessels of such class will not materially aid their identification, and, if an agency of the federal government has a numbering system applicable to the class of vessels to which the vessel in question belongs, after the division has further found that the vessel would also be exempt from numbering if it were subject to federal law; (f) Any vessel defined as a sailboard in section 33-13-102 (3.7) shall be marked as required by subsection (5) of this section. (2) Every registration issued pursuant to this article shall continue in full force and effect for a period ending December 31 of the year of issuance of the registration uriless sooner terminated or discontinued" in accordance with the provisions of this article. A registration may be renewed by the owner iu the same manner as that provided for obtaining the initial registration. The same number shall be reissued if the application for reuewal is received by the division within thirty days before the date of expiration. (3) The board shall prescribe by rule or regulation a system of numbering which is in compliance with the federal system for numbering vessels. (4) Any person who violates subsection (I) of this section is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. (5) It is unlawful for any person to operate or use a canoe, kayak, sailboard, or nonrnotorized raft which is not required to be registered under subsection (I) of this section on the waters of this state unless it has been marked with the owner's name and current address in a legible, clearly visible, and durable fashion. Any person who violates this subsection (5) is guilty of a petty offense and, upon conviction thereof, shall be punished by a fine of fifteen dollars. http;//www.michie.com/coloradollpext.dlllcocode/53ba6/54 3 fa/545df/5460c?f=templates&f... 717/2008 Michie's Legal Resources Page 2 of2 Source: L. 84: Entire article added, p. 897, 9 2, effective January I, 1985. L. 88: (I)(a) and (5) amended, p. 1165, 992,3, effective March 16. L. 93: (I)(f) added and (5) amended, p. 1836,992,3, effective July I. L. 95: IP(I) and (4) amended, p. 967, 9 5, effective July I. L. 96: IP(l) amended, p. 782,95, effective May 23. L. 2003: IP(I) and (4) amended, p. 1945,916, effective May 22. Editor's note: This section is repealed, effective July 1, 2011, pursuant to the provisions of section 33-13-116. ANNOTATION Am. Jur.2d. See 12 Am_ Jur.2d, Boats and Boating, !i 24_ C.J.S. See 80 C.J.S., Shipping, !i 2. Applied in People v. Boyd, 642 P.2d 1 (Colo. 1982). http://www.michie.comlcoloradollpext.dll/cocode/53ba6/543 fa/545df/5460c?f=templates&f... 717/2008 Michie's Legal Resources Page I of2 33-13-l04. Applicati~~ f~r vessel number. (I) The owner of each vessel requiring numbering by this state shall file an application for a number with the division or any representative approved by the division on forms approved and furnished by the division. The application shall be signed by the owner of the vessel and shall be accompanied by a fee as specified pursuant to section 11-10-111 (5); except that those vessels owned and operated by the state or any political subdivision thereof shall be registered without payment of a registration fee. Upon receipt of the application in approved form, the division or its representative shall issue to the applicant a registration stating the number issued to the vessel. The number issued shall be painted on or attached to each side of the bow on the forward half of the vessel or, if there are no such sides, at a corresponding location on both sides of the foredeck of the vessel for which it is issued. The number issued shall read from left to right in block characters of good proportion having a minimum of three inches in height, excluding border or trim, and of a color that contrasts with the color of the background, and so maintained as to be clearly visible and legible. No other number shall be carried ou the bow of the vessel. Any person who fails to display a vessel number as required in this subsection (I) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fme of twenty-five dollars. (2) The registration shall be of pocket size and shall be on board and available at all times for inspection whenever the vessel for which it is issued is in operation in this state. Any person who violates this subsection (2) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. If a registration is lost or destroyed, the owner shall, within fifteen days, notify the division. The notification shall be in writing, shall describe the circumstances of the loss or destruction. and shall be accompanied by a fee for a replacement registration as required under section 33-12-101. (3) When a numbered vessel is lost, destroyed, or abandoned, the registration issued for the vessel shall be surrendered to the division within fifteen days after any such event. When the owner of a numbered vessel changes his address from that shown on the registration, he shall notify the division within fifteen days of such change and as a part of such notification shall furnish the division with his new address. The board may provide in its rules or regulatious for the surrender of the registration bearing the former address and its replacement with a registration bearing the correct address or for the alteration of an outstanding registration to show the new address of the owner. (4) All fees collected under this section shall be credited to the parks and outdoor recreation cash fund and shall be used for the administration of this article. Source: L. 84: Entire article added, p. 898, 9 2, effective January I, 1985. L. 95: (I) and (2) amended, p. 971, 9 16, effective July 1. L. 96: (I) amended, p. 782, 9 6, effective May 23. L. 2003: (I) and (2) amended, p. 1945, ~ 17, effective May 22. . Editor's note: This section is repealed, effective July 1, 2011, pursuant to the provisions of section 33-13-116. ANNOTATION Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, 9 24. C.J.S. See 80 C.J.S., Shipping, 92. http://www.michie.comlcoloradollpext.dll/cocodel53ba6/54 3 fa/545df/54623 ?f=templates&f... 7/7/2008 Michie's Legal Resources Page 2 of2 http://www.michie.com/colorado/lpext.dll/cocodel53ba6/54 3 fa/54 5df/54623 ?f=templates&f... 7/7/2008 Michie's Legal Resources Page lofl 33-11- I OS. Seizure of vessels by officers. (1) (a) Every parks and recreation officer and other peace officer of this state may seize and hold any vessel if such officer has probable cause to believe that the vessel is not in the lawful possession of the operator or person in charge thereof. (b) It is the duty of any officer seizing any vessel, on being informed of any such vessel, to immediately notifY the appropriate law enforcement agencies and the owner if known. Such notification shall contain a description of such vessel and any other helpful facts that may assist in locating or establishing the ownership thereof or in prosecuting any person for a violation of article 'I: of title l8., C.R.S., or other state laws. (2) "Hull identification number" means any identifying number, serial number, engine number, or other distinguishing number or mark, including letters, if any, placed on a vessel or engine by its manufacturer or by authority of the division or in accordance with the laws of another state or country, excluding the vessel registration number. (3) (a) Whenever a vessel is seized pursuant to subsection (1) of this section, the law enf""v"ment agency or a governmental entity may commence an action in a court of competent jurisdiction to determine whether said vessel shall be destroyed, sold, converted to the use of the seizing agency, or otherwise disposed of by an order of said court. (b) (I) Any forfeiture proceeding initiated pursuant to this section shall be conducted in conformance with section 16-13-505, C.R.S. (IT) For purposes of applying section 16-13-505. C.R.S., to a seizure hearing conducted pursuant to this section, "contraband" includes any vessel seized in accordance with this section. (4) Nothing in this section shall preclude the return of the seized vessel to the owner by the seizing agency following presentation of satisfactory evidence of ownership and, if determined necessary, requiring the owner to obtain an assignment of a hull identification number for the vessel from the division. (5) and (6) (Deleted by amendment, L. 96, p. 725, 9 I, effective January 1,1997.) (7) If the court having jurisdiction orders the vessel sold by the division, the proceeds of the sale shall be forwarded to the treasurer who shall credit such proceeds to the general fund. Source: L. 84: Entire article added, p. 899, 9 2, effective January I, 1985. L. 96: Entire section amended, p. 725, 9 1, effective January I, 1997. Editor's note: This section is repealed. effective July t. 2011. pursuant to the provisions of section 33-13-116. http://www.michie.comlcolorado/lpext.dll/cocodel53ba6/543fa/545df/54632?Ftemplates&f... 717/2008 Michie's Legal Resources Page 1 of2 33-B-I06. Equipment requirenwnts. (I) No person shall operate a personal watercraft unless each person aboard is wearing a personal flotation device of a type approved by the United States Coast Guard that is in a good and serviceable condition. (2) A person operating a personal watercraft equipped by the original manufacturer with an engine cutoff switch lanyard shall attach such lanyard to his or her person, clothing, or personal flotation device, as appropriate for the specific vessel. (3) Every vessel, other than a personal watercraft, operated on the waters of this state shall at all times have aboard: (a) One personal flotation device of a type approved by the commandant of the Uiriteil States Coast Guard in good and serviceable condition and in a readily accessible place of storage for each person on board; except that sailboard operators may wear a wet suit, as defined by the board, in lieu of carrying a personal flotation device as required by this paragraph (a); (b) When in operation during hours of darkness, a light sufficient to make the vessel's presence and location known to any and all other vessels within a reasonable distance; (c) Ifnot an entirely open vessel and if carrying or using any inflammable or toxic fluid in any enclosure for any purpose, an efficient natural or mechanical ventilation system which shall be capable of removing any resulting gases prior to and during the time such vessel is occupied by any person. (4) Every vessel operated on the waters of this state shall have such additional equipment that is designed to promote uavigational safety and that the board may find to be necessary or desirable for the safe operation of vessels upon the waters of this state. (4.5) No person shall operate a vessel that has eutered the water unless each child under the age of thirteen who is aboard such vessel is wearing a personal flotation device, unless such child is below deck or in an enclosed cabin. Such flotation device shall be of a type approved by the Uirited States Coast Guard and shall be in good and serviceable condition. (5) Any person who violates subsection (I), (2), (3), (4), or (4.5) of this section is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of fifty dollars. (6) The board may exempt vessels from the provisions of subsection (I), (2), (3), (4), or (4.5) of this section under certain conditions or upon certain waters. Source: L. 84: Entire article added, p. 901, g 2, effective January I, 1985. L. 93: (l)(a) amended, p. 1837, 9 4, effective July 1. L. 95: (2) amended, p. 972, g 17, effective July 1. L. 97: Entire section amended, p. 1604, 92, effective June 4. L. 2003: (4.5) added and (5) and (6) amended, p. 1946,9 18, effective May 22. ANNOTATION Am. Jur.2d. See 12. Am. Jur.2d. Boats and Boating, 99 10-13. http://www.michie.comlcoloradollpext.dll/eocode/53ba61543 fa/545df/5464I ?f=templates&f... 717/2008 Michie's Legal Resources Page 2 of2 C.J.S. See 80 C.J.S., Shipping, !l 5. http://www.michie.comlcoloradollpext.dlllcocode/53ba6/54 3 fa/545df/54641 ?f=templates&f.. 717/2008 Michie's Legal Resources Page I ofl 33-13-107. Vesse/liyeries. (I) The owner or operator of a vessel livery shall keep a record of the name and address of each person who hires any vessel that is designed or permitted to be operated as a vessel, the identification number of such vessel, and the departure date and time and the expected date and time of return of such vessel. Such records shall be preserved for at least thirty days after such vessel is to be returned and shall be subject to inspection by the division. Any person who violates this subsection (I) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. (2) Neither the owner or operator of a vessel livery nor such owner's or operator's agent or employee shall permit any vessel to depart from his or her premises unless such vessel is equipped and registered as required by this article and rules promulgated pursuant to this article. Any person who violate.s this subsection (2) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of one hundred dollars. Source: L. 84: Entire article added, p. 901, 9 2, effective January I, 1985. L. 95: (2) amended, p. 972, 9 18, effective July I. L. 2003: Entire section amended, p. 1946,919, effective May 22. Editor's note: This section is repealed, effective July 1, 2011, pursuanl to the provisions of section 33-13-116. http://www.michie.comlcolorado/lpext.dll/cocode/53ba6/54 3fa/54 5df/54654 ?f=templates&f... 7/7/2008 Michie's Legal Resources Page I of I 33-13-J07.L Minimum ap"e of motorboat ooerators - you.thec:l.uc!ttio!l~ (1) No person under sixteen years of age shall operate a motorboat in this state except as provided in this section. (2) A person fourteen years of age or older who has not reached his or her sixteenth birthday may operate a motorboat only ifhe or she: (a) Completes a boating safety course appv ied by the division of parks and outdoor recreation; and (b) Has a boating safety certificate issued by the boating safety course provider in his or her possession. (3) No person shall permit or knowingly authorize a motorboat to be operated by a person under sixteen years of age; except that a person fourteen' years of age or older who has not reached his or her sixteenth birthday may be permitted or authorized to operate a motorboat if he or she has met the boating safety and certificate requirements of subsection (2) of this section. (4) No owner or operator of a vessel livery or an agent or employee of such owner or operator shall lease, hire, or rent a motorboat to or for operation by any person under sixteen years of age; except that a person fourteen years of age or older who has not reached his or her sixteenth birthday may be permitted or authorized to operate a motorboat ifhe or she has met the boating safety and certificate requirements of subsection (2) of this section. (5) Any person who violates this section is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars. (6) It is the intent of the general assembly that no general fund dollars be appropriated for the purpose of implementing the requireIl.lents of this section. Source: L. 97: Entire section added, p. 1605,93, effective January 1, 1998. http://www.michie.comlcolorado/lpext.dll/cocode/53ba6/543fa/545df/5465c?f=templates&f... 717/2008 Michie's Legal Resources Page I of2 33-] 3-108. Prollil:lited vessel operations. (I) (a) No person shall operate or give permission for the operation of a vessel: (1) Which is not equipped as required by this article or rules and regulations promulgated pursuant thereto; (11) Which emits noise in excess of the permissible level established in standards promulgated by the board in accordance with article:!: of title 24, C.R.S.; (III) Above a wakeless speed in areas zoned as wakeless, as defined by board rule or regulation; (IV) In a manner that violates any rule promulgated by the board for safe use and operation of vessels. (a.5) No person shall operate a personal watercraft between one half hour after sunset and one half hour before sunrise. (b) Any person who violates paragraph (a) or (a.5) of this subsection (I) is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of fifty dollars. (2) (a) It is unlawful for any person to operate a vessel in a careless or imprudent manner without due regard for zoning, traffic, and other attendant circumstances or as to endanger any person, property, or wildlife. For purposes of this paragraph (a), careless or imprudent vessel operation includes, but is not limited to, the following: (1) Becoming airborne or completely leaviug the water while crossing the wake of another vessel at au unsafe distance from the vessel creating the wake or when visibility around such vessel is obstructed; (11) Unsafely weaving through vessel traffic; (Ill) Operating at such a speed and proximity to another vessel so as to require the operator of either vessel to abruptly swerve or to abruptly cut speed in order to avoid collision. (b) Any person who violate.s paragraph (a) of this subsection (2) is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of oue hundred dollars. (3) It is unlawful for any person to operate a vessel in a reckless manner. Any person who violates this subsection (3) is guilty of a misdemeanor and, upon couviction, shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fiue and imprisonment. (4) No person shall operate a vessel other than a motorboat or a sailboat covered by the provisions of section 33-13-108.1 or be in actual physical control of such a vessel while under the influence of alcohol, a controlled substauce as defined in section 12-ZZ-30J. (7), C.R.S., or any other drug, or any combination of such drugs or alcohol, that renders such person incapable of safely operating such a vessel, nor shall the owner or operator of such a vessel knowingly authorize or permit such vessel to be operated by or under the actual physical control of any other person if such person is under the influence of alcohol, a controlled substance, or any other drug, or any combination of such drugs or alcohol, that renders such person incapable of safely operating such a vessel. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two http://www.michie.comlcolorado/lpext.dll/cocode/53ba6/54 3 fa/545df/54668?f=templales&f... 717/2008 Michie's Legal Resources Page 2 of2 hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Source: L. 84: Entire article added, p. 902, 9 2, effective January I, 1985. L. 89: (4) amended, p. 1359, 92, effective July 1. L. 95: (I)(b) and (2) amended, p. 972, 9 19, effective July 1. L. 97: (I)(a)(IV) and (1)(a.5) added and (I)(b), (2), and (3) amended, p. 1606, 99 4, 5, effective June 4. L. 2003: (3) and (4) amended, p. 1947,920, effective May 22. ANNOTATION Am. Jur.2d. See 12 Am. Jur.2d, Boats and Boating, ss 16-20. C.J.S. See 80 C.J.S., Shipping, S 14. Applied in People v. Boyd, 642 P.2d 1 (Colo. 1982). http://www.michie.com/coloradollpext.dlllcocodel53ba6/54 3 fa/54 5df/54668?f-templates&f... 717/2008 Michie's Legal Resources Page I ofS :H-l1-108.1. Operating a motorboat or sailboat w!1i!e n!!.!Ier tbe i!!fIuel!cc. (1) (a) It is a misdemeanor for any person to operate a motorboat or sailboat or be in actual physical control of a motorboat or sailboat in this state while: (I) Under the influence of alcohol; (II) The amount of alcohol, as shown by analysis of such p,,,,vu's blood or breath, in such person's blood is 0.10 or more grams of alcohol per one hundred milliliters of blood or 0.10 or more grams of alcohol per two hundred ten liters of breath at the time of the commission of the alleged offense or within two hours after operating a motorboat or sailboat if the evidence establishes beyond a reasonable doubt that such person did not consume any alcohol between the time of operation and the time of testing; (Ill) Under the influence of any controlled substance as defined in section 12-22-303. (7); C.R.S., or any other drug which renders him incapable of safely operating a motorboat or sailboat; (IV) Under the influence of any combination of alcohol and any controlled substance as defined in section J2:?2-303 (7), C.R.S., or any other drug, when such combination of alcohol and controlled substance or any other drug renders him incapable of safely operating a motorboat or sailboat. (b) For the purposes of this subsection (I), "under the influence of any controlled substance or any other drug" shall include the use of glue-sniffing, aerosol inhalation, or the inhalation of any other toxic vapor. (2) (a) In any prosecution of a violation of paragraph (a) of subsection (1) of this section, the amount of alcohol in the defendant's blood or breath at the time of the commission of the alleged offense or within a reasonable time thereafter, as shown by analysis of the defendant's blood or breath, shall give rise to the following presumption: If there was at such time 0.10 or more grams of alcohol per one hundred milliliters of blood as shown by analysis of such person's blood or 0.10 or more grams of alcohol per two hundred ten liters of breath as shown by analysis of such person's breafu, it shall be presumed that the defendant was under the influence of alcohol. I (b) The limitation of this subsection (2) shall uot be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol. (3) In any prosecution for a violation of subsection (1) of this section, the defendant shall be entitled to offer direct and circumstantial evidence to show that there is a dispality between what the tests show and other facts so that the trier of fact could infer that the tests were in some way defective or inaccurate. Such evidence may include testimony of nonexpert witnesses relating to the absence of any or all of the common symptoms or signs of intoxication for the purpose of impeachment of the accuracy of the analysis of the person's blood or breath. (4) (a) On and after July I, 1989, any person who operates a motorboat or sailboat or who is iu actual physical control of a motorboat or sailboat on the waters of this state shall be deemed to have expressed his consent to the provisions of this subsection (4). (b) Auy person who operates a motorboat or sailboat or who is in actual physical control of a motorboat or sailboat on the waters of this state may be required to submit to a test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood or breath if arrested for any http://www.michie.comlcolorado/lpext.dll/cocode/S 3ba6/S43 fa/S4Sdf/S4680?r-templates&f... 7/7/2008 Michie's Legal Resources Page 2 of 5 misdemeanor offense arising out of acts alleged to have been committed while the person was operating a motorboat or sailboat in violation of subsection (I) of this section. If such person requests that said test be a blood test, then the test shall be of his blood; but, if such person requests that a specimen of his blood not be drawn, then a specimen"ofhis breath shall be obtained and tested. (c) Any person who operates a motorboat or sailboat or who is in actual physical control of a motorboat or sailboat on the waters ofthis state may be required to submit to a test or tests of his blood, saliva, and urine for the purpose of determining the drug content within his system if arrested for any misdemeanor offense arising out of acts alleged to have been committed while the person was operating a motorboat or sailboat in violation of subsection (I) of this section. (5) Any person who is required to submit to, or who requests that a specimen of his blood, breath, saliva, or urine be taken or drawn for, testing shall cooperate with the person authorized to obtain such specimens, including the signing of any release forms required by any person who is authorized to take or withdraw such specimens. If such person refuses to sign any release forms, such refusal shall be considered a refusal to take the tests, provided said forms conform to subsection (6) of this section. No peace officer shall physically restrain any person for the purpose of obtaining a specimen Of his blood, breath, saliva, or uriue for testing. (6) The tests shall be administered at the direction of the "",,,,,;;ng officer having reasonable grounds to believe that the person had been operating a motorboat or sailboat in violation of subsection (I) of this section and in accordance with rules and regulations prescribed by the state board of health, with utmost respect for the constitutional rights, dignity of the person, and health of the person being tested. No person except a physician, a registered nurse, a paramedic as certified in part 2 of article 3.5 of title 25, C.R.S., an emergency medical technician as defined in part I of article l,i oftitle 2i, C.R.S., or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse shall be entitled to withdraw blood for the purpose of determining the alcoholic or drug coutent therein. No civil liability shall attach to any person authorized to obtain blood, breath, saliva, or urine specimens or to any hospital in which such specimens are obtained as provided in subsection (4) of this section as a result of the act of obtaining such specimens from any person submitting thereto if such specimens were obtained according to the rules and regulations prescribed by the state board of health; except that such provision shall not relieve any such person from liability for negligence in the obtaining of any specimen sample. (7) Any person who is dead or unconscious shall be tested to determine the alcoholic content of his blood as provided in subsection (4) of this section. Any person who is dead, in addition to the tests prescribed, shall also have his blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. Such information obtained will be made a part of the accident report. (8) If a person refuses to submit to tests as provided for in subsection (4) of this section and such person subsequently stands trial for a violation of subsection (I) of this section, the refusal to submit to such tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self- incrimination with regard to admission of refusal to submit to any tests. (9) The fact that any person charged with a violation of subparagraph (II) or (III) of paragraph (a) of subsection (I) of this section is or has been entitled to use such controlled substance or drug under the laws ofthis state shall not constitute a defense against any person charged with such violation. (10) No court shall accept a plea of guilty to a violation of section~3-13-108 (4) or a non-alcohol- related or non-drug-related boating offense from a person charged with a violation of subsection (1) of this sectiou; except that the court may accept a plea of guilty to a non-alcohol-related or non-drug- http://www.michie.comlcoloradollpext.dlllcocode/53ba6/543 fa/54 5df/54680?f=templates&f... 717/2008 Michie's Legal Resources Page 3 ofs related boating offense upon a good faith representation by the prosecuting attorney that he could not establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug- related offense. (11) When a peace officer has reasonable grounds to believe that a person is operating a motorboat or sailboat while under the influence of alcohol or that the operator has been involved in a boating accident resulting in injury or death, the peace officer may request the operator to provide a sample of the operator's breath for a preliminary screening test using a device approved by the executive director of the department of public health and environment as being accurate to within ten percent of the actual reading obtained by the officer upon administering the test. The results of this preliminary screening test may be used for the purpose of deciding whether an arrest should be made and whether to administer a test pursuant to paragraph (b) of subsection (4) of this section but shall uot be used in any court action except to prove that a test was properly authorized pursuant to this section. The results of such test shall be made available to the operator or his attomey upon request. The prelimiuary screening test shall not constitute the test for the purposes of subsection (4) of this section. (12) (a) Every-person'who is convicted ofa violation of subsection (1) of this section shall be punished by imprisonment in the county jail for not less than five days nor more than one year, and, in addition, the court may impose a fine of not less than two hundred dollars nor more than one thousand dollars. Except as provided in paragraph (c) of this subsection (12), the minimum period of imprisonment provided for such violation shall be mandatory. In addition to any other penalty that is imposed, every person who is convicted of a violation to which this paragraph (a) applies shall perform no more than ninety-six hours of useful public service. (b) Upon a conviction of a second or subsequent violation of subsection (I) of this section which occurred within five years of the date of a previous violation of subsection (1) of this section, the offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than one year, and, in addition, the court may impose a fine of not less than five hundred dollars nor more than one thousand five hundred dollars. The minimum period of imprisonment as provided for such violation shall be mandatory, but the court may suspend up to fifty-five days of the period of imprisonment if the offender complies with the provisions of paragraph (c) of this subsection (12). In addition to any other penalty which is imposed, every person who is couvicted of a violation to which this paragraph (b) applies shall perform not less than sixty hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of such serYlce. (c) The sentence of any person subject to the provisions of paragraph (a) or (b) of this subsection (12) may be suspended to the extent provided for in said paragraphs if the offender receives a presentence alcohol and drug evaluation and, based on that evaluation, if such offender satisfactorily completes an appropriate level I or level II alcohol and drug driving safety education or treatment program and abstains from the use of alcohol for a period of one year from the date of sentencing. Such abstinence shall be monitored by the treatment facility by the administration of disulfiram or by any other means that the director of the treatment facility deems appropriate. If, at any time during the one-year period, the offender does not satisfactorily comply with the conditions of the suspension, that sentence shall be reimposed, and the offender shall spend that portion of his sentence which was suspended in the county jail. (d) In addition to any other penalty provided by law, the court may sentence a defendant who is convicted pursuant to this section to a period of probation for the purposes of treatment not to exceed two years. http://www.michie.comlcolorado/lpext.dlllcocodelS3ba6/S43 fa/S4Sdf/S4680?f=templates&f... 717/2008 Michie's Legal Resources Page 40fS (e) For the purposes of this subsection (12), "useful public service" shall have the same meaning as that set forth in section 42-4-1301.4 (2) (a), C.R.S., and the useful public service program authorized therein shall be utilized for the purposes of this subsection (12). An offender sentenced to such useful public service program or to such work assignments shall complete the same within the time established by the court. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount not to exceed the amount established in section 42-4-1301.4, C.R.S., upon any person required to perform useful public service. Such amount shall be used only to pay for the costs authorized in section 42-4=13Q1.4, C.R.S. (f) For the purposes of this subsection (12), "alcohol and drug driving safety education or treatment" shall have the same meaning as that set forth in sectiou 42-4-1301.3 (3) (c) (IV), c.R.S., and the alcohol and drug driving safety program and the presentence alcohol and drug evaluations authorized therein shall be utilized for the purposes of this subsection (I2). The presentence alcohol and drug evaluation shall be conducted on all persons convicted of a violation of subsection (I) of this section; except that this requirement shall not apply to persons who are not residents of Colorado at the time of sentencing. Any defendant sentenced to level I or levellI education or treatment programs shall be instructed by the court to meet all financial obligations of such proi:rams. If such financial obligations are not met, the sentencing court shall be notified for the purpose of collection or review and further action on the defendant's sentence. In addition to any other penalties, fines, fees, or costs prescribed in this section, the court shall assess an amount, not to exceed the amount established in section 42-4-1301.3, C.R.S., upon any person convicted ofa violation of subsection (1) of this section. Such amouut shall be used only to pay for the costs authorized in section 42-4-1301.3, C.R.S. The court shall consider the alcohol and drug evaluation prior to sentencing. The provisions of this paragraph (f) are also applicable to any defendant who receives a deferred prosecution in accordance with section 18-1.3-101. C.R.S., or who receives a deferred sentence iu accordance with section 18-1.3-102, C.R.S. (g) Upon a conviction for a first offense, in addition to any other penalties, fines, fees, or costs imposed for a violation of subsection (I) of this section, the court shall order the person to not operate a motorboat or sailboat for a three-month period. Upon a conviction for a second or subsequent offense, in addition to any other penalties, fines, fees, or costs imposed for a violation of subsection (I) of this section, the court shall order the person to not operate a motorboat or sailboat for a one-year period. For the purposes of this paragraph (g), "conviction" includes a conviction in any. court of record or municipal court, a plea of no contest accepted by the court, or the forfeiture of any bailor collateral deposited to secure a defendant's appearance in court or the failure to appear in court by a defendant charged with a violation of subsection (I) of this section who has been issued a summons and complaint to appear pursuant to section 33-1S-1 Oz. (2). (h) Upon a plea of guilty or a verdict of guilty by the court or a jury to any offense specified in subsection (I) of this section, the court shall order the defendant to immediately report to the sheriffs department in the county where the defendant was convicted, at which time the defendant's fingerprints and photographs shall be taken and returned to the court, which fingerprints and photographs shall become a part of the court's official documents and records pertaining to the defendant's conviction and the defendant's identification in association with such conviction. In any trial for a violation of any of the offenses specified in subsection (I) of this section, a duly authenticated copy ofthe record of former convictions and judgments of any court of record for any of said crimes against the party iudicted or informed against shall be prima facie evidence of such convictions and may be used in evidence against such party. Identification photographs and fingerprints that are part of the record of such fOlmer convictions and judgments of any court of record or are palt of the record at the place of such party's incarceration after sentencing for any of such former convictions and judgments shall be prima facie evidence of the identity of such party and may be used in evidence against him. Any person who fails to immediately comply with the court's order to report to the sheriff's department, to furnish fingerprints, or http://www.michie.comlcoloradollpext.dlllcocode/53 ba6/S4 3 fa/S45df/S4680?f-=templates&f... 717/2008 Michie's Legal Resources Page 50f5 to have his photographs taken may be held in contempt of court. (13) (a) No owner or operator of a motorboat or sailboat shall knowingly authorize such motorboat or sailboat to be operated by or come under the actual physical control of any other person if such person is under the influence of alcohol, a controlled substance or any other drug, or any combination thereof (b) Any person who is convicted of a violation of paragraph (a) of this subsection (13) is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in the county jail for not more than one year, or by a fine of not less than two hundred dollars nor more than one thousand dollars, or by both such fine and imprisonment. (14) In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related boating offenses, the court shall take judicial notice of methods of testing a person's alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person's blood, breath. saliva, or urine to determine the alcohol or drug level. This subsection (14) shall not prevent the necessity of establishing during a trial that the testing devices used were in proper working order and that such testing devices were properly operated. Nothing in this subsection (14) shall preclude a defendant from offering evidence of the accuracy of the testing device. (15) As used in this section, "convicted" includes a plea of no coutest accepted by the court. (16) (a) Upon conviction of or plea of no contest to a violation of this section, the court shall forward a certified copy of such conviction or plea to the division. (b) When a peace officer requests a person to submit to tests as required by subsection (4) of this section and such person refuses to submit to such tests, the officer shall forward to the division a verified report of all relevant information, including information which adequately identifies such person and a statement of the officer's probable cause for requesting such person to submit to the tests. Source: L. 89: Entire section added, p. 1352, ~ I, effective July 1. L. 94: (7), (II), and (14) amended, p. 2803,9570, effective July I; (l2)(e) and (12)(f) amended, p. 2566, 9 81, effective January I, 1995. L. 2002: (12)(e) and (12)(f) amended, p. 1920, 9 13, effective July I; (12)(f) amended, p. 1545, 9 297, effective October 1. L. 2003: (l2)(a) and (l3)(b) amended, p. 1947, ~ 21, effective May 22. Editor's note: Amendments to subsection (12)(1) by House Bill 02-1046 and Senate Bill 02-057 were harmonized. Cross references: For the legislative declaration contained in the 2002 act amending subsection (12)(1), see section 1 of chapter 318. Session Laws of Colorado 2002. http://www.michie.comlcolorado/lpext.dll/cocode/53ba6/543 fa/545df/54680?f=templates&f... 7/7/2008 Michie's Legal Resources Page I of! 33-13-108..2. Operating a motorboat ox sailboat while the privilege to operate is suspended. (I) Any person who operates a motorboat or sailboat in this state at a time when a court-ordered suspension of his motorboat or sailboat operating privilege is in effect for a conviction of an alcohol- or drug-related operating offense pursuant to section 33-13-108.1 (I) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than three days nor more than one hundred eighty days and, in the discretion of the court, by a fine of not less than three hundred dollars nor more than one thousand dollars. Upon a second or subsequent conviction, such person shall be punished by imprisonment in the county jail for not less than ninety days nor more than one year and, in the discretion of the court, by a fine of not less than five hundred dollars nor more than three thousand dollars. The minimum jail seutence imposed by this subsection (I) shall be mandatory, and the court shall not grant probation or a suspended sentence thereof; but, in a case where the . defendant is convicted although he established that he had to operate the motorboat or sailboat. in violation of this subsection (I) because of an emergency, the mandatory jail sentence shall not apply, and, for a conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a second or subsequent couviction, the COUlt may impose a sentence of imprisonment in the county jail for a period of uot more than two years and, in the discretion of the court, a fme of not more than three thousand dollars. (2) In auy trial in which a person is charged with a violation of subsection (I) of this section, a duly authenticated copy of the record of former convictions and judgments of any court of record against the party indicted or informed against for an alcohol- or drug-related motorboat or sailboat operating offense pursuant to section 33- J 3-1 08. J shall be prima facie evideuce of such convictions and judgments and may be used in evidence against such party. Identification photographs and fingerprints that are part of the record of such former convictions and judgments and such party's incarceration after sentencing for any of such former convictious and judgments shall be prima facie evidence of the identity of such party and may be used in evidence against him. (3) Upon a second or subsequent conviction under subsection (1) of this section within five years after the first conviction thereunder, in addition to the penalty prescribed in said subsection (1), the court shall order the defendant to not operate a motorboat or sailboat in this state for a period of two years after such second or subsequent conviction. (4) Upon conviction of or a plea of no contest to a violation of this section, the court shall forward a certified copy of such conviction or plea to the division. Source: L. 89: Entire section added, p. 1358, 9 I, effective July I. http://www.michie.com/coloradollpext.dll/cocode/53ba6/54 3 fa/545df/546a9?Ftemplates&f... 717/2008 \ \ \ >', ~', City of ?WheatRL-dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION --ft, ~ ~'< ~.'\ .~.I.. J:). ~ 4-'/if _-i1, COUNCIL MEETING DATE: July 28, 2008 TITLE: COUNCIL BILL NO. 12-2008 - CASE #ZOA-08-03 - AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION D PUBLIC HEARING D BlDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (07/1412008) [gJ ORDINANCES FOR 2ND READING (07/2812008) Quasi-judicial: P YES [gJ NO :)a-_Jll'. ~ I lirector of C'ommuni , CSLJo...:>f'd> City Mana~ t EXECUTIVE SUMMARY: At the June 2 City Council study session, Council directed staff to draft an ordinance making certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Council's direction was to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge Historical Society in the local landmark designation process. Council requested the draft ordinance be prepared for further consideration at the June 16 study session. At the June 16 study session, City Council reviewed the ordinance as drafted by staff and requested it be forwarded to City Council as a I st reading ordinance. The ordinance as drafted for I st reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or make recommendations for or against local historic landmark properties. It was also suggested that Staff consider modifications to the alteration permit process and removal of a designation. Planning Commission recommended denial of the legislation as proposed at a public hearing held on July 17, 2008. COMMISSIONIBOARD RECOMMENDATION: The ordinance proposes amendments to Chapter 26 of the Wheat Ridge Code of Laws. All changes to Chapter 26 require review and a recommendation from the Planning Commission. A public hearing before the Planning Commission was held on Thursday, July 17,2008. Planning Commission moved to recommend denial of the legislation as proposed with a recommendation to City Council that the case be continued to allow discussions with the Wheat Ridge Historic Society regarding involvement in the historic designation process. Claudia Worth, Vice President of the Wheat Ridge Historical Society, commented regarding the proposed legislation. Ms. Worth indicated that in her opinion, there is an omission from the ordinance and that ordinance section 3 (Section 26-905.B.) should include the following language: "or a state historical site designation". The intent of this amendment is if a property is designated a state landmark, it automatically becomes a local landmark. Staff believes that this is a policy for City Council to consider prior to including this provision. Staff has not done research as to the process and criteria for state designation. It was also discovered that there is a typographical error in ordinance section 3 (Section 26-905.C.), whereby the following should be shown with a "strike through" designation, "or by a member of city council". STATEMENT OF THE ISSUES: Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It establishes the procedures for designating local historic landmarks, including defining a role for the Wheat Ridge Historical Society in that designation process. The Historical Society is given three roles: I) they have an ability to apply for a local historic landmark designation of a property or improvement; 2) upon application for a historic landmark designation, the City is required to refer said application to the Historical Society Board for review and comment; and 3) they are provided an opportunity to review and comment on any "major change" alteration permits for projects that have a local historic landmark status. The Historical Society also plays the same roles in the process for removing a historic landmark designation status from a property. The Wheat Ridge Historical Society is a local not for profit membership group. The membership of the group and the election of its board officers is established at the sole discretion of the Historical Society. The City has no role in establishing the board or the Society's membership. Typically, Boards and Commissions that have a role in making policy recommendations to City Council are appointed by the Mayor, City Council or a combination thereof. Staff is not aware of any other instances in the municipal code of laws where a body that is not appointed by the Mayor or City Council has a formal role in providing a recommendation to City Councilor playing a role in an official City process. Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role in the official City processes and procedures pertaining the designation and regulation of local historic landmarks. The following minor modifications were also made: I. Removal of the ability for City Council to nominate potential landmark designations. 2. Removal ofreferences to the city "preservation specialist". 3. Modification of City Council approval from ordinance to resolution. 4. Inclusion of a provision that upon change in property ownership of a city-designated historic landmark, the new owner may have the designation removed if no public financial assistance has been granted for exterior improvements related to the historic elements of the property. ALTERNATIVES CONSIDERED: Do not approve the proposed legislation. FINANCIAL IMPACT: None. RECOMMENDED MOTION: "I move to approve Council Bill. No. 12-2008, Case No. ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation, and that it take effect 15 days after final publication with the following conditions: 1. Ordinance section 3 (Section 26-905.C.) be amended to show a strike-through designation on the following language, "or by a member of city council"." Or, "I move to table indefinitely Council Bill No. 12-2008. Case No. ZOA-08-03, an ordinance amending Article IX of the Wheat Ridge Code of Laws concerning historic landmark designation, for the following reasons: " Report prepared by: Kenneth Johnstone, Director, Community Development Report reviewed by: Patrick Goff, Deputy City Manager ATTACHMENTS: I. Planning Commission staff report 2. Council Bill No. 12-2008 '" i. ~;~ , '~ City of ~Wheat~ge ,~OMMUNITY DEVELOPMENT PLANNING COMMISSION LEGISLATIVE ITEM STAFF REPORT MEETING DATE: July 17, 2008 TITLE: AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORIC LANDMARK DESIGNATION CASE NO. ZOA-08-03 ~ PUBUC HEARING o RESOLUTION [l;] CODE CHANGE ORDINANCE o STUDY SESSION ITEM Case Manager: Meredith Reckert Date of Preparation: July 9, 2008 This Case is: Quasi-judicial X Legislative Proper notice was given for this public hearing. SUMMARY: The attached ordinance amends the historic landmark designation regulations ofthe City which were adopted in 1997. All changes to Chapter 26 require review and a recommendation from the Planning Commission. Notice for this public hearing was provided as required by the Code of Laws. !3ACKGROUND: At the June 2 City Council study session, Council directed staff to draft an ordinance making certain changes to Chapter 26 of the Code of Laws relating to Historic Preservation. Council's direction was to bring forward a draft ordinance that would reduce or eliminate the role of the Wheat Ridge Historical Society in the local landmark designation process. Council requested the draft ordinance be prepared for further consideration at the June 16 study session. At the June 16 study session, City Council reviewed the ordinance as drafted by staff and requested it be forwarded to City Council as a I st reading ordinance. The ordinance as drafted for 1st reading would eliminate the ability of the Wheat Ridge Historical Society to nominate or ATTACHMENT 1 make recommendations for or against local historic landmark properties. It was also suggested that Staff consider modifications to the alteration permit process and removal of a designation. STATEMENT OF THE ISSUES: Chapter 26, Article 9 of the Wheat Ridge Code of Laws pertains to Historic Preservation. It establishes the procedures for designating local historic landmarks, including defining a role for the Wheat Ridge Historical Society in that designation process. The Historical Society is given three roles: I) they have an ability to apply for a local historic landmark designation of a property or improvement; 2) upon application for a historic landmark designation, the City is required to refer said application to the Historical Society Board for review and comment; and 3) they are provided an opportunity to review and comment on any "major change" alteration permits for projects that have a local historic landmark status. The Historical Society also plays the same roles in the process for removing a historic landmark designation status from a property. The Wheat Ridge Historical Society is a local not for profit membership group. The membership of the group and the election of its board officers are established at the sole discretion of the Historical Society. The City has no role in establishing the board or the Society's membership. Typically, Boards and Commissions that have a role in making policy recommendations to City Council are appointed by the Mayor, City Councilor a combination thereof. Staffis not aware of any other instances in the municipal code of laws where a body that is not appointed by the Mayor or City Council has a formal role in providing a recommendation to City Councilor playing a role in an official City process. Given the unofficial nature of the relationship between the Wheat Ridge Historical Society and the City of Wheat Ridge, the ordinance as drafted would eliminate the Historical Society from any role in the official City processes and procedures pertaining the designation and regulation of local historic landmarks. The following minor modifications were also made: 1. Removal of references to the city "preservation specialist"; 2. Modification of City Council approval from ordinance to resolution; 3. Inclusion of a provision that upon change in property ownership of a city-designated historic landmark, the new owner may have the designation removed if no public financial assistance has been granted for exterior improvements related to the historic elements of the property. This case is scheduled for City Council public hearing on July 28,2008. RECOMMENDED MOTION: "I move to recommend approval of the proposed ordinance amending Article IX of Chapter 26 of the Wheat Ridge Code of Laws concerning historic landmark designation." Exhibit: I . Proposed ordinance 2 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 12-2008 Ordinance No. TITLE: COUNCIL BILL NO. 12-2008 - CASE #ZOA-08-03 - AN ORDINANCE AMENDING ARTICLE IX OF THE WHEAT RIDGE CODE OF LAWS CONCERNING HISTORICAL LANDMARK DESIGNATION WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the City Council has previously enacted Article IX of Chapter 26 of the Wheat Ridge Code of Laws (the "Code"), concerning the designation of historical landmarks; and WHEREAS, the Council finds and determines that the role of the Wheat Ridge Historical Society as set forth in Article IX of Chapter 26 is unnecessary; and WHEREAS, the Council wishes to make other conforming changes. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-903 of the Code is amended by the deletion of the following two definitions: 26.903. Definitions. Prese:vatioFl specialist. Tho pcrs::~ :.!~~::~ t~-:: supcrvisio~ ::f t~:: sit}' rr,c-r'<::;;Jer who pmpmos prassr.tz-t13F15-fy. ::1ty council mootings at wf:!;:h ':;st'Jric designatior. =;:;:!::ations am considorcd and SCl"VOS as t~s i~it:c! ~:::Y.;:>ie:lt sf historic landmark dosignatiar. z~-j dovelopmont applications. Wheat Ridge H!stork:-a! Soeioty. /\ C:::C~=g-C ~'Jnprofit corpz~zt;'31-;- Fccognii/;sa ::c t<*-o~o.. .pt pur-cu=:lt b soc-tion 501 (c) (a) of tho ffit3.rr.d RevG...;,;.e. :;00;:;., VI' ;:;r.y-ef :ts :::.:ocesscr;;, t~o goneml purposo of whb': i:: ~o gathor information about histori: ;:Y.seFlS-; evG:lt:: =~C ;JIac-c:: i~ t~::l City of Vl.'hcat Ridgo, provide k~ ~i.::t3fie ATTACHMENT 2 prcsorvatiGF:, :::-:3 to educate and stimulato int:::~::::::t i:-: sush j3S::seR&;- ovonts and places. Section 2. Section 26-904.B of the Code is amended to read: B. The city, in collaboration with the V\'~c::t Ridge Historical Socioty, in its discretion, may write recommendations for such grants or monies and/OR assist property owners in applying for state or national historic designation. Section 3. Section 26-905 of the Code is amended to read: Sec. 26-905. Process for designation of historic landmark. A. Any individual structure or building within the city is eligible for designation as an historic landmark. B. Inclusion of any property in the National Register of Historic Places as provided in the National Historic Preservation Act of 1966 shall mean that the landmark is automatically designated a local historic landmark subject to the protections of this article. C. An application for historic designation may be submitted by the property owner. by a member of the Wheat Ridgs Hisbrieal Society Boar-€! of Elirectors or by a member of city council. Ths <:wJi::::ti:::-: 7:::~~ ~e on a faf~ :::: ;:~3\'iaeaby the eity preselyzt:r si'ss:alist and shz!J. be submittea to the eity preservation speeialist whe s~::" ,,~st ~cfur the applieation to the Whsat R~a Histarisa! Society Boari a~ ::lirectors fer re':iew ana reeommenaation. If the applicti:::-: ;:: ~::::le by anyone oths~ ~tzr: ~3 property owns~-, ~ts s:ty preservation speeialist shalJ. j>ramptly seAa the awAS~ z S3Py of the ap~lisat;'"n via eertifiml ~::;~. :~::: property owner may file a written objection t:: t~:: ::;Jplieation 'Kith ~lcs j>rss3fVet:s:-: speialist '...,ithin thirty (ag) ia~'s after the aate thc pr-cservation spes:z~:st mai,~s ~3 o.....ner a eopy of the applieation. b. 1:1 :::cordance with its :J'A'n rulss ad bylaws, the 'Nheat Riagc Histar;::::' ~oeiety boara of e:~,:::::bFS shall review the zrzrzli::ation for historie desigAat;e:-: :::-:2 ::~::" ~::'~:: :: ~::::ommendation to city council on whether the city coun::il shsul<l 8r<:1"t. h::loric designatie:-:. ~zi~ure of the Wheat Riage Historisa! S3ciety boara of aireeters ts rzFOviae a resamm:::ndation \ld~::-: t~;""~' (30) Elays of the aats ~lczt ~b z?rz~::;atjsn is ssnt to it for referral shall be deemea to be a Hle:);l1:h:n::lation fer Genial. DE. Upon receipt of a AN APPLICATION, res"?~~enaation fr.:>m tha Histarisa! Sseiety boara of air-ectors, or after the passage ::' t~i~!/ (30) days ~ ~ts 3a<<;; &1': ::.::,plieation is sent to the Historieal Soeiety fer referral, the COMMUNITY DEVELOPMENT DEPARTMENT pr-cseF\'z~!"r speeialist shall schedule a city council publiC hearing. on such historie aesignatioA applieations. Notice of the public hearing shall be sent to the owner of the property via certified mail, shall be published in a newspaper of general circulation and be posted on the property by a sign, which conforms with -2- the requirements of section 26-109C., at least fifteen (15) days before the date of the public hearing. ~THE notice shall state the time and place of the public hearing, state that an application has been filed for historic designation of the structure and describe the location of the landmark by street address, legal description, map and/or other descriptive information sufficient to reasonably advise the public and/or any interested persons of the pendency of the application. If the property o'::nsr filss a \VFittefI objeetion to the applioation, oity oounoil S~2!~ ~ SBi3 hearing within forty five (15) days of the datE sf rs::eipt of the r-coommendation ef the Histarioal Sooiety Inar3 sf ::IireetoFS or .....ithin f3rty five (15) days 2't!~ ~-he passage of thirty (dO) days from the date th:: ::-;3';:,,'3alie:: 's ::::::\ I:: ~i::\:Jrioal Society for fZ~~:-:"2~; Section 4. Section 26-906 of the Code is amended to read: Sec. 26-906. City council designation. A. Following public hearing, city council may designate by RESOLUTION ordinance historic landmarks in the City of Wheat Ridge to accomplish the purposes of this article. In making such designations, city council shall consider ~t:e r::common::!3ti:::: 9f-lI:Ie WAeat Riage His~oos3' Ssc;sl}' 9S2n:! sf ojirectors, the testimony and evidence presented at the public hearing and the following criteria: 1. No structure or building shall be granted historic designation unless city council determines that the property owner will retain the ability to earn a reasonable return on the property which is the subject of the application; and 2. The city council shall consider whether the structure is of particular historical, architectural, cultural or archaeological significance which: a. Exemplifies or reflects the broad cultural, political, economic or social history of the nation, state or community; or b. Is identified with historic persons or with important events in national, state or local history; or c. Embodies distinguishing characteristics of an architectural type inherently valuable for the study of a period, style, method of construction or of indigenous materials or craftsmanship; or d. Is representative of the notable work of a master builder, designer or architect whose individual ability has been recognized .;-ef G. I: re::ommondos :::c 2:: !'-i.et:Jric land:r.i::~I: -bj' t!'-.e Wheat Ridgo Historical Society board of directors. 3 B. The city council may grant historic designation in the presence of one (1) or more of the criteria set forth in 2.a. - 2.de., above, but need not find that all of those criteria are met. C. If:::~ ::::i}plk:ct:sn f::~ !",doric dosignatiG~ :c :::oItFnir.:::d by either a city council mombo~ ::~ 2 ~:::mbor of the W~sat Ridge Historical 80cioty board of dir-ector-s and the proporty owner doos not dosirc historic dosignnti::~ :::~j so indi::e~ss I::y filing a '.witton protc3t ::sf9fe tho schodule~ pxli:: t:sarir.;j, historic desigr.:::~:c~ ::heJ). be grantod only up::~ ::: ~-t:~::::: foLlrths vot:: ::f tt::: ontirc city council. C. It shall be unlawful to demolish, destroy or undertake any major change to a structure which is the subject of a pending historic designation application until such time as city council has determined whether such designation shall or shall not be granted. E. The CITY ple~~i.r.a-Ge;:::l:=t:t1:::nt and th:: f:u:li:: works departmont shall maintain an inventory of all designated historic landmarks and all structures which are the subject of pending applications for historic designation. Upon receipt of 2f: aJ:plication for si~.f::sr a pormit Gr a rS:Juost to carry aut an~' now c::~::~~:J3tic~, aJA:srntion, romoval or domolition af a ::trClatll,e 3fl-G~ :~ :::~ hist::~::: 1:::~t!:t,v.I, :Jr on a stHlstllFe ,..t:li~'" :r ....- _._,....;o~. -f - "'~AEliA!l a~.,I:-.,.;-- ,-. "':rt~.;~ .. .....1. ~ ..t,,-,, ....o:::I~.... .... ,....... r-I"" .,;;;.:r.:.:;;;ttt-t..... . c._ .;;:::TT""JV dosignation, s~ ::: ":Jning chango or de':olopmont plan chango, tho FI:::~~i~g SOMMIJNITY (;)='.'ELOPI\1=JIT ar public work-s dopartment shall forward su::~ p::~mit aFfllication, rcquoct Y. inbrmatio~ ~-c t~3 preservation spo::iaJi.st with:" ~-eh ~1 0) 'Norking days. No permit shall be issued or request granted TO CARRY OUT ANY NEW EXTERIOR CONSTRUCTION, ALTERATION, REMOVAL OR DEMOLITION OF A STRUCTURE ON OR IN AN HISTORIC LANDMARK OR ON A STRUCTURE WHICH IS THE SUBJECT OF A PENDING APPLICATON FOR HISTORIC DESIGNATION by said dopartments before a landmark alteration permit has been issued-by eitAcr th:: ;:;~:Jservatis:1 s;::36i::!i::t :Jr city councilor until a determination has been made by city council not to grant historic designation. Section 5. Section 26-908.A of the Code is amended to read, A. No person shall carry out or cause to be carried out on any historic landmark any EXTERIOR construction, alteration, removal or demolition, or make any changes that would impair the historic nature of the historic landmark without first obtaining a landmark alteration permit therefor in accordance with this article. -4- Section 6. Section 26-909 of the Code is amended to read: Sec. 26-909. Initial processing of applications for landmark alteration permits. A. Applications for a landmark alteration permit shall be submitted to the COMMUNITY DEVELOPMENT DEPARTMENT proservation =~'I-"st -- - .~.~ -.. "'3"iEleEl BY th- -.-MwatiaR 5I3e-'I-J'~t and ....l""....Q.cr.. .0.. _ ....._.f".. """''-...... .. .~.- 1"""-.)'" .. ........."" shall contain such information as required to assure full presentation of the facts necessary for proper consideration of the permit. B. Landmark alteration permit applications for minor changes shall be determined by the COMMUNITY DEVELOPMENT DIRECTOR prcservatic:1 :;3:::cialist in accordance with this article. Landmark alteration permit applications for major changes shall be determined by city council in accordance with this article. C. The COMMUNITY DEVELOPMENT DIRECTOR preservation specialist shall determine whether the landmark alteration permit application requests a "major change" or a "minor change" to the historic landmark. Section 7. Section 26-910 ofthe Code is amended to read: Sec. 26-910. Minor change landmark alteration permits. A. In determining whether to grant an application for a minor change landmark alteration permit, the COMMUNITY DEVELOPMENT DIRECTOR (3reservation s(3ccialist shall grant the permit if the requested alteration to a historic landmark would preserve, enhance or restore the exterior architectural features of the landmark or site. The proposed work shall not adversely affect the special character or special historical, architectural or archaeological nature of the landmark or site. S. IF THE OWNER MAY APPEAL THE I\ny person aggricveEl BY a determination of the COMMUNITY DEVELOPMENT DIRECTOR proservation specialist to grant or deny a minor change landmark alteration permit may a(3peal such Eletz~~:~zti3A-to the city council within ten (10) working days of the date of the COMMUNITY DEVELOPMENT DIRECTOR'S (3reservation s(3ecialis!'s determination by filing an appeal with the office of the city clerk. Soch ZjZpzz~ s~zv. slzle l~::: grounds for a(3peal, Within thirty-five (35) days of the date the appeal is received ifl-tAe office of the city mQn~ the city council shall set a date for a hearing 00 such a(3(3eal, which hearing shall be held no later than sixty (60) days after the date the appeal is received. in the :Jf"x 'Jf the city marlager. The city council shall have the power to overrule the COMMUNITY DEVELOPMENT DIRECTOR'S (3F-Cscrvation s(3csialist's decision. BY a vote at e FF,qority of the city c:~~zi'. The determination of the city council following the appeal hearing stlz!~ ~z issued within forty fi'{c (AS) -:!::\~'s--ef thz r.zzcing and shall be aTHE final determination OF THE CITY.--feF (3ur(3oscs of Rule 1 De, Colorado Rules of Civil Procedure. 5 Section 8. Section 26-911 of the Code is amended to read: Sec. 26-911. Major change landmark alteration permits. :\. ThE ::ity preservatior. sp:::3liGt s~z!~ s::~:ldule the pe~~:~ ::fplieation for a major ehange on the next availabl~ Q9c.1da of the 'Nheat Ridg::: ~:s!3fiGaI Soeiety board of dirCl:t.::rs. Ths I3reservatic:-: :W*ia!ist sha'l notify the f3ef~'! ::pph:::-:! of the date sf ~t.s ~::~ s::::iety boar-d of ElircctoFS mcs?:-:;;J 2t which the applieatis:-: s~:::~ ~E eonsidered via first ::'"ss ~,,!~ z~ least fifteen (15) days before the Elate of the meeting. Ih--'^1. ~t.E ssnslusioo-4 !~: ~':!3rieal society board of directors meeting at wAiGh thE socicty eonsidsrs ar. &;3pli::alJ.sr. kr .. I..d~::~'~ ::Jte::~:)R permit to mal(c z ":':1z;er ehang::," thE histsF'c::' ss::icty board of dirce!ors shz.'l. fo",vard to eity :;c~:-.c:' :: ~:::ommendati::-: '! :lithcr gr-a:-:! S~ ::leny sueh permit. AG. The city council shall schedule a hearing on 5IffiI1---major change landmark alteration permit applicationS. Notice of the hearing shall be as set forth in section 26-9050€., except that the notice shall state that an application has been filed for a major change landmark alteration permit. Such notice shall be sent to the permit applicant via first class mail and shall be published as in section 26-9050€. S9. Ouring the city council hearing GfI---lI1E majsr ::hange landmark alteraticn prmit aj:lplieation, city council shall consider IRe reeommendation of the historical soeiety, the evidence or testimony presented at ths hEaring, and whether the proposed work will materially adversely affect the special character or special historical, architectural or archaeological nature of the historic landmark. City council shall make its determination to grant or deny the major change landmark alteration permit within sixty (60) days of the date of the hearing. z:-:i s~z.l: notify the 8Jl:S-"'Y.':'! 'Jf its vote .....itRin fifteen (15) Elays of the date oftRe '/ote in writing, ineluding th: ~::j3r change lanc'~::r'~ :1lteration permit if the eity eounsil has voted to g~:::-:! :l:C~ permit. Section 9. Section 26-913 of the Code is amended to read: Sec. 26-913. Removal of historic designation. A. An application for removal of historic designation may be submitted by the owner of the property which holds such designation,.--b} :: ~::':1ber of tRe Vllheat RidgE Histerieal Seeiet}' ~:::~::l of direetoFS or by a member of city council as in section 26-905C. The application shall be processed in the same manner as in section 26-905C. through 26-9050€., and section 26-906 except that the criteria for removal of historic designation shall be that: 1. The property has ceased to meet the criteria for historic designation because the qualities which caused it to be originally listed have been lost or destroyed; OR -6- 2. Additional information shows that the structure or property no longer meets any of the criteria for historic designation contained in section 26- 906; OR 3. UPON A CHANGE IN OWNERSHIP, AT THE REQUEST OF THE NEW OWNER, BUT ONLY TO THE EXTENT PUBLIC FINANCIAL ASSISTANCE HAS NOT BEEN RECEIVED TO BENEFIT THE EXTERIOR HISTORIC ELEMENTS OF THE PROPERTY. B. Properties removed from the state register or the National Register of Historic Places shall not be considered to have been automatically removed from the city's historic inventory without formal action of the city council. C. If-eitI:lsr 2: :lity council member S~ :: ~::mber of the Wheat Rid€le Historical Society board of dir-eGtors submits 2.. 2~GatL.. :_. ~:lmo'.'al of historic desi€lnation and the Ilrol3erty o..'mer docs not desire removal of Rist:~:: <I.::si€lnation and so indicates by filin€l a '....ritten Ilrotest beror-e the scheduled l3ublic hearing, historic desi€lnatisn shzlJ. ~:l r-cmoved only ul30n a three fo~~~: vet: :' t~:J entire city counoil. Section 10. Section 26-915 of the Code is amended to read: Sec. 26-915. Violations and penalties. A. Any person who is an owner as defined in section 26-903 or a manager of property subject to any provision of this article shall be responsible for compliance with all provisions of this article. Historic designation may be subject to a review for loss of designation as a result of a conviction of the owner for a violation of this article. B. Any person violating any provision of this article shall be subject to a fine of one thousand dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or by both such fine and imprisonment. Each and every day during which a violation continues shall be deemed a separate offense and shall be prosecutable and punishable as a separate offense. C. The imposition of any penalty hereunder shall not preclude the city eF all} (2~:(2:~ ;::Jrson from instituting any proper action or proceeding to require compliance with the provisions of this article. In case any building or structure is erected, constructed, externally reconstructed, externally altered, added to or demolished in violation of this article, the city or any Ilr-ol3er Ilerson may institute an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, exterior alteration, addition or demolition. Section 11., Severabilitv: Conflictino Ordinances Reoealed. 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. 7 Section 12. Effective Date. This Ordinance shall take effect immediately after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of l to ~ on this 14th day of Julv , 2008, 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 Mondav. Julv 28, 2008, 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 , 2008. SIGNED by the Mayor on this day of ,2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: July 17, 2008 Second Publication: Wheat Ridge Transcript Effective Date: -8- .... ~ J. ~ ~ ~ City of pWheat"RL-dge ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION ~~ 1~'di'0}t:'J~~\']~j R[ un ~.. ~ ~~........)...'.;.M..... ~'ii, . Q[1 e-4,'>lt ,~~~-= COUNCIL MEETING DATE: July 28, 2008 TITLE: COUNCIL BILL NO. 13-2008 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 3700 KIPLING STREET (CASE NO. WZ-08-04/CITY OF WHEAT RIDGE) o PUBLIC HEARING o BIDSIMOTlONS o RESOLUTIONS r8J ORDINANCES FOR I ST READING (07/28/2008) o ORDINANCES FOR 2ND READING (08/25/2008) Quasi-judicial: F YES I~-Jl P ~I-L~ ,C>uector ofcommuru4'D~~ o NO ~o~ City Mana~ 0 EXECUTIVE SUMMARY: The applicant requests approval of a change of zoning conditions on property zoned Planned Commercial Development pursuant to Case No. WZ-82-15 and for an amended Outline Development Plan (ODP). The subject property is located at 3700 Kipling Street. The property is city owned open space which has been subject to a park master plan process for development into a city park. The property is currently zoned Planned Commercial Development and is approved for an office complex development with 130,000 square feet of floor area. Permitted uses include professional, medical and business offices and general retail sales. A public park is not one of the permitted uses. As such, the existing ODP plan, known as Westhaven Park Planned Commercial Development must be amended, requiring a zone change process. A zone change process is required to modifY an existing ODP plan by adding uses and amending development standards. This application has been processed following the new Outline Development Plan procedure of providillg more graphic and written information up front, allowing the Final Development Plan (FDP) to be approved administratively. COMMISSIONIBOARD RECOMMENDATION: All zone change requests require review and a recommendation from the Planning Commission. A public hearing before the Planning Commission is schedllled for Thursday, August 7. . '. ..,*"~~ - STATEMENT OF THE ISSUES: The property in question was purchased by the city in 2000 with the intent that it be developed into a city park. The Parks and Recreation Department with the help of Design Concepts has undertaken a parks master planning effort for the park design. A series of design workshops were conducted with the pu~li~ to solicit input for the pa:k ~esign. Study sessi~ns were held with City Counl)i),l~)~ CommissIOn and the Park CommiSSIOn. The final deSign generated from the mas.t.er ;plapnll)JL.... process will become the graphic for the ODP document. - Other modifications occurring to the ODP document include elimination of commercial uses, establishment of new uses (park, recreation, cultural and historical uses), and revision to development standards. ALTERNATIVES CONSIDERED: I Approve request. 2. Do not approve request. FINANCIAL IMPACT: .> , _.. ~"', There is no direct financial impact to the Community Development Department as a result of this case. No fees were paid for the processing. Fees will not be collected for review of the Final Development Plan, nor for any permitting required for park construction, RECOMMENDED MOTION: "I move to approve Council Bill No. 13-200l!" Case No. WZ-08-04, a request for approval of a change of zoning conditions on property zoned Planned Commercial Development and for approval of an amended Outline Development Plan for property located at 3700 Kipling Street, on first reading, ordered published, public hearing set for August 25, 2008." Or "I move to deny Council Bill No. 13-2008, Case No. WZ-08-04, for the following reasons: " Report prepared by: Meredith Reckert, Senior Planner Report reviewed by: Tim Paranto, Director, Public Works ATTACHMENTS: 1. Council Bill No. 13-2008 INTRODUCED BY COUNCIL MEMBER Council Bill No. 13-2008 Ordinance No. TITLE: COUNCIL BILL NO. 13-2008 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONING CONDITIONS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT AND FOR APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 3700 KIPLING STREET (CASE NO. WZ-08-04/CITY OF WHEAT RIDGE) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Design Concepts for the City of Wheat Ridge, approval of change of zoning conditions on property zoned Planned Commercial Development approved pursuant to Case No. WZ-82-15 and for approval of an amended Outline Development Plan for property located at 3700 Kipling Street and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a change of zoning conditions and an amended Outline Development Plan are approved for the following described land: New legal Section 2. Vested Pronertv Ril!"hts. Approval of this change of zoning conditions and amended Outline Development Plan does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. 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 ofthe 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. I ATTACHMENT 1 Section 5. Suoersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6 . This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2008, 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 ,2008, 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 , 2008. SIGNED by the Mayor on this day of ,2008. JERRY DITULLIO, MAYOR ATTEST: Michael Snow, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERAL DAHL, CITY ATTORNEY I st publication: 2nd bl' . pu lcatlOn: Wheat Ridge Transcript Effective Date: 2