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HomeMy WebLinkAboutStudy Session Packet 01-30-12STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO January 30, 2012 6:30p.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. APPROVALOFAGENDA 1. Wheat Ridge Business District Update -John Marriott 2. Elected Officials Report(s) 3. Staff Report(s) 4. Park Property Acquisition 5. Change in Administrative process model for Nuisance Code Violations 6. District or Town Hall Meetings on fifth Monday Discussion ~ A~ ... ~ ~ ~ City of • fP!'Wheat ~dge ~ARKS AND RECREATION Memorandum TO: Mayor and City Council Patrick Goff. City ManageJJ0-THROUGH: FROM: Joyce Manwaring, Parks and Recreation Director DATE: January 30,2012 SUBJECT: 5801 West 38111 Avenue ISSUE: The City has been approached by the owners of the above address to ask if the City would be interested in purchasing the property for park purposes. Attached is a map with an outline of the property. As communicated by the owner, the size, proposed uses, and corresponding asking prices for the property are as follows: ,. Approximate size 2.5 acres ,. $495,000 if the City were to purchase for general use ,. $475,000 ifthe City were to develop as a dog park ,. $450,000 if the City were to use as a wildlife park (manage as open space) STAFF RECOMMENDATION: Based on the Parks and Recreation Master Plan, staff does not recommend the acquisition of this property for any park use for the following reasons: ,. Acquisition of open space or an additional dog park is not identified as a need or recommended in the plan. ,. Randall Park, a neighborhood park located at 41st and Fen ton, is one block to the north of this property. ,. Current funding priorities, as adopted in the budget, do not include an acquisition in this location for park use. Also attached for your infonnation is an email correspondence dated July 5, 20 II, between a realtor representing the property at that time and Lauren Mikulak. Planner I regarding allowed uses for the property. ATTACHMENTS: I. Site map 2. Email correspondence JM/dr City of Wheat Ridge Geographic Information Services N A ..... ,..,J!CI: -·· ..... ~t:J~.-J~ ........._ R..._wpan,_-...q ,.._,_..~ .,.............,,......,,.......~n.~­ ... llllldgltn""""""""~CIIIta.do-• .... ~ ......... OOI!nclo -~-·-""'-'~ .....,.._n.~ ....... ID ... .,~ ....... .... ..-n...-n.~.a...,...,..~ ...... .._ .. ,...,.,upon...,~ol .. '"""'*' a~end-UIIbrl....,_,n:llplndiltt..,_ Tht~,~~~tGI .. .........,._.~.-.:IIW:IId"""~ c:I~Aidllfrorlol ........................... ... ~ ......... ...ut •• .,..,.....ol,. ...... ... --- Cly oiVItiNt Ridge, Color- 7SOO Woot 28th Avenue Wtoat Ridge, CO 80033~001 303.234.5900 Doto Souroo: Cly o1 IMIHt Ridge From: Lauren Mikulak <lmikulak@ci.wheatridge.co.us> Date: July 5, 2011 12:18:47 PM MDT To: "rachelgille@msn.com" <rachelgille@msn.com> Subject: 5801 W. 38th Avenue Rachel, This email is a follow-up to our conversation last week regarding the property at 5801 W 38th Avenue. As we discussed the property is zoned Residential-Three (R-3). This zone district allows for a wide range of uses, and given the size of the subject property all of these uses may be considered for the site. Our planning staff discussed the property, and we imagine the site would continue to have a residential use. A zone change to a non-residential district is unlikely given 1ts location and the surrounding land uses. As for the intensity of development, staff has no agenda or plan that would dictate the residential density or highest and best use. If the property is developed by a purchaser to include additional dwelling units, the R-3 development standards would guide the permitted density. Access would likely need to come from Fenton Court or W 39th Place. The narrow access drive off W. 381h Avenue is not wide enough to meet our standards for a public street or private drive. The construction of additional dwelling units would likely require the property to be tied into the public infrastructure (water and sewer). I can confirm this tomorrow in our weekly meeting with Pubic Works. If a purchaser wishes to develop the property with multi-family housing or wishes to subdivide the property, the developer/subdivider would need to have a pre-application meeting with staff to discuss the requirements associated with the development proposal. If the property is purchased for use as a single-family home, this requirement does not apply and the property would continue to be used as it is today . As I mentioned last week, Wheat Ridge is not a full service city. For your records. the utility districts that serve the subject property are listed below. Wheat Ridge Water 303-424-2844 Wheat Ridge Sanitation 303-424-7252 Wheat Ridge Fire District #1 303-403-5900 The only other item that came up in staffs discussion of the property is the former greenhouse. Given the use, there is the potential for contamination in the soil. The Colorado Department of Public Health and Environment (not the City) would be the regulating authority that could provide additional information. Lastly, I have attached two maps for your files. The first is an aerial imaqe of the property. The second is an excerpt from t~e zoning map that also shows the existing right-of-way lines (public streets) m the neighborhood. Please feel free to be in touch with any further questions Be well, Lauren E. :\-1ikulak Planner I 7500 W 29th Avenue VVheat Ridge Colorado 80033 Office Phone 303-235-2845 Fax: 303-234-2845 www.cLwheatridge.co.us Attachment 2 .... ~4~ ... ., City of ~~Wheat Rl_dge ~OllCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manage~~ Daniel Brennan, Chief of Police ~ FROM: Mary McKenna, Community Services Supervisor Support Services Division DATE: January 30,2012 SUBJECT: Staff Report: Proposed Revisions to Sections 2-83 and 15-8 of the City Code of Laws BACKGROUND The City of Wheat Ridge adopted the Administrative Enforcement Process in 2007. This new ordinance provided the City with a new model to resolve nuisance code enforcement, moving it from a criminal, due process model, to an administrative hearing process. This new process made resolving nuisance code complaints timelier, as well as provided for specific timelines for a property owner to bring a property into compliance. Since 2007, this new model has enabled the City to be more responsive to community concems regarding nuisance code issues, and has minimized the time and effort spent by City employees in achieving compliance. As staff continues to use this process. ideas for change and improvements are recommended that would increase the effectiveness of enforcement and the transparency of the Administrative Hearing Process. Staff has met with the City Attomey regarding three minor changes to the Sections 2-83 and 15-8 ofthe City ofWheat Ridge Code of Laws. The ordinance revisions are attached for your review. ISSUES The first recommendation would authorize multiple methods of service in issuing notices and citations. Sections 2-83 and 15-8 of the City of Wheat Ridge Code of Laws are very specific in the manner in which a notice or citation can be served. The changes to these sections would allow Community Service Officers (CSO's) multiple methods of service in delivering nuisance notices, citations and abatement notices. The second is a clarification of the City's ability to rely on the real estate records from the Jefferson County Clerk and Recorder's Office. CSO's rely on the accuracy of the County real estate records in mailing notices to the last known address of a responsible party. The changes in Chapter 2 and Chapter 15 would include clarification, allowing the City to rely upon the accuracy of the County real estate records to obtain an address for a responsible party. Staff Report: Proposed Revisions to Sections 2-83 and 15-8 of the City Code of Laws January 30,2012 Page 2 The third is to authorize the Administrative Hearing Officer (AHO) or the Municipal Court Judge to consider the actual notice received by the responsible party, in lieu of a technically- perfect notice. The code currently does not provide authority to AHO's or the Municipal Court Judge to consider the actual notice received by a responsible party, when deciding whether they have been given adequate notice. The changes to Chapter 2 and Chapter 15 would provide authorization to the AHO or Municipal Court Judge to consider the actual notice received in lieu of a perfect or imperfect notice. There is no financial impact associated with these proposed changes. The benefits of the changes recommended provide the CSO's the ability to effectively enforce Chapter 2 and Chapter 15 through the Administrative Citation Process. The Administrative Citation Process has provided the City of Wheat Ridge with a high compliance rate on violations. A draft of the proposed changes of Chapter 2 and Chapter 15 are attached. RECOMMENDATIONS Staff is supportive of these changes, because these revisions will make the Administrative Enforcement Process and Nuisance Abatement Process more efficient and effective. Staff is seeking direction from City Council regarding these proposed changes, prior to bringing these ordinance revisions forward for City Council action. TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. Ordinance No. ___ _ Series of 2012 AN ORDINANCE AMENDING SECTIONS 2-83 AND 15-8 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ISSUANCE OF NUISANCE ABATEMENT NOTICES AND OF NOTICES OF CODE VIOLATIONS AND ADMINISTRATIVE CITATIONS IN THE ADMINISTRATIVE ENFORCEMENT PROCESS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), acting through its City Council (the "Council"), has the authority to enact ordinances proscribing certain acts detrimental to the public health, safety and welfare and to provide for penalties and enforcement of the same; and WHEREAS, exercising this authority, the Council has previously enacted Chapter 2 of the Wheat Ridge Code of Laws (the "Code") which sets forth an administrative enforcement procedure for certain violations of the Code; and WHEREAS, in further exercise of this authority, the Council has previously enacted Chapter 15 of the Code, which prohibits certain nuisances and provides an enforcement process for the abatement of such nuisances; and WHEREAS, based on their experience in enforcing laws pursuant to the administrative process and in pursuing nuisance abatement, City staff recommends certain amendments to the processes set forth in said Chapters 2 and 15; and WHEREAS, in particular, staff recommends the availability of multiple methods of service to responsible parties to permit officers different approaches based on different circumstances; and WHEREAS, staff further recommends endorsing an officer's reliance upon the accuracy of the County real estate records to obtain accurate mailing addresses and authorizing a Judge or Administrative Hearing Officer (AHO) to consider actual notice received by responsible parties; and WHEREAS, such recommended Code amendments are calculated to minimize the risk of dismissal of legitimate citations for which responsible parties have received actual notice; and WHEREAS, the Council finds and determines that such recommended Code amendments as set forth in this Ordinance further the public health, safety and welfare by increasing the efficiency of the administrative enforcement process and by decreasing the likelihood that Code violators who have been provided due process are not penalized. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-83 of the Wheat Ridge Code of Laws, concerning the service of a notice of violation of a Code section eligible for administrative enforcement, is hereby amended as follows: Sec. 2-83. Notice of Violation. (a) Upon becoming aware of a violation of an applicable section, a code officer may issue a notice of violation to the responsible party. The notice shall state the date and location of the violation, the approximate time the violation was observed, identifying, where applicable, the property in violation by address or legal description. The notice shall refer to the applicable section violated, describe the violation, and describe the action required to correct the violation. The notice shall require the responsible party to correct the violation within ten (1 0) days, and shall explain the consequences of failure to correct said violation, including the issuance of an administrative citation. (b) Service of a notice of a violation on the responsible party shall be by any of the following means: ( 1) If the responsible party resides at the site of the violation, tThe code officer may personally deliver a copy of the notice of violation to A tRe responsible party at that site; or (2) A copy of the notice may be mailed by first class mail to the last known address of A tRe responsible party as reflected in the county real estate records; or (3) A copy of the notice of violation may be posted in a conspicuous place AT THE SITE OF THE VIOLATION on the unoccupied premises. (C) THE CITY'S PROVISION OF NOTICE PURSUANT TO PARAGRAPH (B)(2) OF THIS SECTION TO THE LAST KNOWN ADDRESS OF A RESPONSIBLE PARTY AS REFLECTED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE SHALL BE CONSIDERED ADEQUATE NOTWITHSTANDING ANY ERROR IN THE COUNTY'S RECORDS. AN OFFICER MAY REASONABLY RELY UPON CURRENT COUNTY RECORDS TO OBTAIN AN ACCURATE ADDRESS FOR A RESPONSIBLE PARTY. (D) AT ANY HEARING CONDUCTED PURSUANT TO SECTION 2-88, THE ADMINISTRATIVE HEARING OFFICER (AHO) MAY CONSIDER EVIDENCE OF ACTUAL NOTICE RECEIVED BY A RESPONSIBLE PARTY IN DETERMINING WHETHER ADEQUATE NOTICE OF A VIOLATION OR OF A CITATION HAS BEEN PROVIDED. THE AHO MAY FIND THAT NOTICE IS ADEQUATE DESPITE A LACK OF TECHNICAL COMPLIANCE WITH SUBSECTION (B) HEREOF UPON EVIDENCE THAT A RESPONSIBLE PARTY RECEIVED ACTUAL NOTICE OF A NOTICE OF VIOLATION AT LEAST TEN (10) DAYS PRIOR TO THE ISSUANCE OF AN ADMINISTRATIVE CITATION FOR THE SPECIFIED VIOLATION(S) OR ACTUAL NOTICE OF AN ADMINISTRATIVE CITATION. Section 2. Subsection 15-8(b) of the Wheat Ridge Code of Laws, concerning the service of a notice to abate a nuisance, is hereby amended as follows: (b) SeNice of notice. If written notice to abate is given, it shall be served by: (1) Personally delivering a copy of the notice to A the responsible party described in the notice if the responsible party also resides at the property; or (2) Mailing a copy of the notice by first class or certified mail, return receipt requested, to the last known address of A the responsible party as reflected in the county real estate records; or (3) Posting a copy of the notice in a conspicuous place at the SITE OF THE NUISANCE unoccupied premises. Section 3. Section 15-8 of the Wheat Ridge Code of Laws, concerning nuisance abatement, is hereby amended by the addition of two new subsections, (e) and {f), to read in their entirety as follows: (E) THE CITY'S PROVISION OF NOTICE PURSUANT TO PARAGRAPH {B}(2} OF THIS SECTION TO THE LAST KNOWN ADDRESS OF A RESPONSIBLE PARTY AS REFLECTED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE SHALL BE CONSIDERED ADEQUATE NOTWITHSTANDING ANY ERROR IN THE COUNTY'S RECORDS. AN OFFICER MAY REASONABLY RELY UPON CURRENT COUNTY RECORDS TO OBTAIN AN ACCURATE ADDRESS FOR A RESPONSIBLE PARTY. (F) AT ANY HEARING CONDUCTED PURSUANT TO SUBSECTION (C) OF THIS SECTION, THE MUNICIPAL COURT JUDGE MAY CONSIDER EVIDENCE OF ACTUAL NOTICE RECEIVED BY A RESPONSIBLE PARTY IN DETERMINING WHETHER ADEQUATE NOTICE OF A VIOLATION OR OF A CITATION HAS BEEN PROVIDED. THE JUDGE MAY FIND THAT NOTICE IS ADEQUATE DESPITE A LACK OF TECHNICAL COMPLIANCE WITH SUBSECTION (B) HEREOF UPON EVIDENCE THAT A RESPONSIBLE PARTY RECEIVED ACTUAL NOTICE OF A WRITTEN NOTICE TO ABATE A REASONABLE AMOUNT OF TIME PRIOR TO THE EXPIRATION OF THE ABATEMENT PERIOD. Section 4. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. 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 on this __ day of , 2012, 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 -----------------' 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 , 2012. SIGNED by the Mayor on this ___ day of _________ , 2012. ATTEST: , City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney J-fc' n c-tv . .... ~ . ~ ... ~ r City of • .. ~Wheat&_dge ~OFFICE OF THE CnY MANAGER Memorandum FROM: Mayor and City Council Patrick Goff, Cit)' Manage~ TO: DATE: January 25, 2012 SUBJECT: Council District/Town Hall Meetings On December 12,2011, City Council adopted the City Council Meeting Calendar for the year 2012. A motion was made and approved to include City Council District and/or Town Hall Meetings on the fifth Mondays of the year to include April 30th, July 30th and October 29th. Further discussion with the Mayor and City Council is requested to determine the format for these three meetings.