Request for Council Action for Ordinance O-2005-5 REQUEST FOR COUNCIL ACTION

ORDINANCE: O-2005-5

SUBJECT: Ordinance authorizing the administrative approval of revocable license agreements for minor encroachments into public rights-of-way for items such as commercial type trash dumpsters, fences, mailbox pillars and similar items.

ADDRESS: Citywide

RECOMMENDATION: Approve the ordinance.

FUNDING SOURCE: Application & processing fees.

SUMMARY AND BACKGROUND OF SUBJECT MATTER: The City receives occasional requests for approval to place private improvements and items in public rights-of-way such as commercial type trash dumpsters, fences, mailbox pillars, irrigation improvements and similar items. These encroachments do not obstruct roads, sidewalks or other public uses but are located in unimproved portions of rights-of-way.

Processing these currently requires that the requests be approved by City Council. The proposed ordinance would allow these requests to be approved administratively, which would expedite the process and reduce the staff time required to process these requests. The proposed ordinance establishes criteria for these to be approved. Requests that do not meet these criteria would require City Council approval.

Commercial type trash dumpsters were an issue that required a great deal of review prior to the approval of Ordinance O-2002-38, which required the dumpsters to be located outside of City owned rights-of-way. While the general policy would remain in tact, staff has encountered instances where this requirement cannot be met without substantial expense by the property owner. These are generally located in older portions of the City where the dedicated rights-of-way are more than are needed for the road improvements. Dumpsters could be located discreetly within the rights-of-way without obstructing the public improvements.

DATE OF FIRST READING: February 14, 2004

DATE OF SECOND READING: February 28, 2005

ORIGINATED BY: Code Enforcement, Property Management

STAFF PERSON RESPONSIBLE: Mike Connor, Property and Purchasing Services Manager, 303-987-7659

DOCUMENTS ATTACHED: Ordinance O-2005-5
Redline Version

SUBMITTED BY:
Mike Connor, Property Manager
Larry Dorr, Director of Finance

REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager