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HomeMy WebLinkAbout06/10/2002 CITY COUNCIL MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Wheat Ridge June 10. 2002 The Regular City Council Meeting was called to order by Mayor Cerveny at 7 00 P m Councilmembers present: Jerry DiTullio, Vance Edwards, Dean Gokey, Ralph Mancinelli, David Schneider, Odarka Figlus, Lena Rotola, and Harry Hanley Also present: City Clerk, Wanda Sang, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Planning, Alan White, Director of Public Works, Bob Goebel, staff; and interested citizens APPROVAL OF MINUTES OF May 13, 2002 Motion by Mr DiTullio for the approval of the Minutes of May 13, 2002, seconded by Mr Gokey; carried 8-0 Mayor Cerveny announced that there are no fireworks allowed in Wheat Ridge CITIZENS' RIGHT TO SPEAK There was no one present to speak. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 15-2002 - An Ordinance providing for the approval of amendments to Article I, Article III, and Article IV of Chapter 26 of the Code of Laws of the City of Wheat Ridge, Colorado (Case No. ZOA-02-03) Council Bill 15-2002 was introduced on second reading by Mr DiTullio, who also read the title Clerk read summary and background and assigned Ordinance No 1251 Planning Director, Alan White, presented the staff report. CITY COUNCIL MINUTES June 10, 2002 Page - 2 - Motion by Mr DiTullio for the approval of Council Bill 15-2002 (Ordinance 1251) , Case No ZOA-02-03, and that it take effect immediately upon adoption, seconded by Mr Schneider; carried 8-0 Item 2. Application by Albert Holland for approval of a 2-lot minor subdivision plat with dedication and a lot width variance for the purpose of building a two- family structure on property located at 3114 Teller Street, zoned Residential- Two (R-2) (Case No MS-02-01) Item 2 was introduced by Mr DiTullio, summary and background was read by the Clerk. Albert Holland, applicant, was sworn in by the Mayor and asked for approval of his application He explained that his lot frontage is 5 ft less than the 100 ft requirement, which is why he is asking for the variance Mary Austin, Planner for the City of Wheat Ridge, was sworn in by the Mayor and presented the staff report and entered exhibits into the record The following speakers were sworn in by the Mayor and spoke in opposition to the variance Nancy Cupples, 3130 Teller Street Belle Haley, 3140 Teller Street Tracy Rubey, 3075 Saulsbury Street Eileen Wiseman, 3135 Saulsbury Street, did not receive notice of the hearings Sharon Heinien, 3145 Saulsbury Street, concerned about the trash on the empty lot. Their comments were that the integrity of the neighborhood needs to be maintained They have no problem with a single family home, but oppose the variance for a two-family structure Motion by Mr DiTullio that Case No MS-02-01, a request for approval of a 2-lot minor subdivision in a R-2 Zone District at 3114 Teller Street, be approved for the following reasons 1 The minimum lot size requirements of the R-2 zoning district have been exceeded 2 All requirements of the City's Subdivision Regulations have been met. CITY COUNCIL MINUTES June 10, 2002 Page - 3 - With the following conditions 1 A final drainage report shall be approved by the Department of Public Works prior to development of Lot 2 2. Public improvements of curb, gutter and sidewalk shall be constructed along Saulsbury Street. 3 Escrow is required in lieu of construction for public improvements along Teller Street; seconded by Mr Edwards Motion by Mr Edwards for an amendment that condition 2 be stricken and 3 be modified to require escrow along and Teller and Saulsbury Streets, seconded by Ms Figlus, carried 8-0 Original Motion as amended carried 8-0 Motion by Mr DiTullio that the request for a 6' lot width variance from the 100' minimum lot width requirement for a two-family dwelling be denied for the following reasons 1 The property may be developed with a single family residence without the need for a variance 2 The hardship is self-imposed through the desire to construct a two-family dwelling instead of a single family home 3 There are no unique circumstances attributed to the property that would warrant approval of the variance, seconded by Mr Edwards, carried 7-1 with Mr Hanley voting no Mr Hanley does not feel this is logical, since it is zoned for R-2 Item 3. Public Hearing on 2002 Local Law Enforcement Block Grant. Item 3 was introduced by Mr Edwards, who also read the summary and background Motion by Mr Edwards to accept the 2002 Local Law Enforcement Block Grant. I authorize the City Manager to execute all documents necessary for the acceptance of the award I further move that upon receipt of the funds during the fiscal year 2002, they be placed in the general fund I further move that the 10% match amount of $1,901 be appropriated from the general fund, be authorized and occur I further move that the City of Wheat Ride fiscal year 2002 Budget be amended accordingly with an additional authorized expenditure of $19,006 at Acct. No 01-201-700-750, seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES June 10, 2002 Page - 4 - ORDINANCES ON FIRST READING Item 4. Council Bill 16-2002 - An ordinance providing for the approval of rezoning from Restricted Commercial and Residential One-C to Residential One-C, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No. WZ-02-01) (The Buckeye Group) Council Bill 16-2002 was introduced on first reading by Mr Mancinelli, who also read the title, summary and background Motion by Mr Mancinelli that Council Bill 16-2002 be approved on first reading, ordered published, public hearing be set for Monday, July 8, 2002 at 700 P m in City Council Chambers, Municipal Building, and if approved on second reading, take effect 15 days after final publication, seconded by Mr DiTullio, carried 8-0 DECISIONS. RESOLUTIONS. AND MOTIONS Item 5. Resolution 14-2002 - authorizing an Intergovernmental Agreement between the City of Wheat Ridge and the Colorado Department of Transportation for the purpose of constructing the Traffic Safety Improvements at West 49th Avenue and Kipling Street. Resolution 14-2002 was introduced by Mrs. Rotola, who also read the title, summary and background Motion by Mrs Rotola to adopt Resolution 14-2002, seconded by Mr DiTullio, carried 8-0 Item 6. Motion to award Bid for West 35th Avenue, east of Wadsworth Blvd Drainage Improvement Project, Project No D-02-02, to Eaton-U, Inc., in the amount of their bid of $79,585 plus force account and contingency of $11 ,938 plus early completion bonus of $1 592, total amount $91,523 Motion by Mr Edwards that the West 35th Avenue, east of Wadsworth Blvd, Drainage Improvement Project, Project No D-02-02 be awarded to Eaton-U Inc in the amount of their bid of $79,585 I further move that a force account and contingency of $11 ,938 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 $91 ,523 CITY COUNCIL MINUTES June 10, 2002 Page - 5 - I further move that all costs associated with this contract be paid from Acct. No 30-302- 800-840, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series, seconded by Mr DiTullio, carried 8-0 Mr Edwards and Mr DiTullio asked that staff keep a close eye on this project because there were numerous problems when this same company did a project in District I Item 7. Mayor's appointments to Urban Renewal Authority Motion by Mr Gokey to approve the appointment of Tom Mallison to fill the vacant at-large seat on the Urban Renewal Authority, for a term expiring November 2005, seconded by Mr Edwards, carried 8-0 Item 8. CONSENT AGENDA, A. Approval of purchase of Communications System to operate the Government Access Channels B Amendment of the 2002 budget to reflect CDBG contracts C Resolution 13-2002 - authorizing an Intergovernmental Agreement between the City of Wheat Ridge and the Town of Mountain View for the purpose of crack fill and slurry seal D Transfer of funds for Worker's Compensation audit adjustment. E Approval of City Expenditures over $5,000 Mr DiTullio introduced and read the Consent Agenda Items A. and B got changed Ms Figlus asked to pull E. Motion by Mr DiTullio for approval of Items C and D , seconded by Mr Edwards, carried 8- o A. Motion by Mr DiTullio to approve the purchase of the TargetVision Communication System in the amount not to exceed $20,225, and to amend the budget accordingly; seconded by Mr Schneider; carried 8-0 CITY COUNCIL MINUTES June 10, 2002 Page - 6 - B Motion by Mr DiTullio to transfer $20,000 from the Capital Unallocated Fund Balance into Recreation Buildings Improvement Acct. No 30-603-800-862 and authorize payment to Oslo Corporation for work performed on the project. I further move to accept the 2000 and 2001 CDBG funds in the total amount of $189,560 into the Capital Projects Fund and that the additional $22,200 included therein, be specifically allocated for expenditure on the 38th Avenue Streetscape Pilot Project to various venders supplying elements eligible for reimbursement. I further move that the City of Wheat Ridge fiscal year 2002 Budget be amended accordingly; seconded by Mr Edwards, carried 8-0 E. Motion by Ms Figlus to approve E. as printed, seconded by Mrs Rotola, carried 7-1 with Mr Gokey voting no ELECTED OFFICIALS MATTERS Motion by Mr Mancinelli to direct the City Manager to give a copy of our position statement on the fireworks to our Police Department so they have a clear understanding that all fireworks are illegal, further a copy be given to our local newspapers and our local broadcasting systems, specifically Channel 8 and Channel 22 be used to educate the public that the use of any fireworks in the City of Wheat Ridge by private citizens is illegal, seconded by Mrs Rotola, carried 8-0 Motion by Mr Mancinelli that the Fire Chiefs of the Arvada and Wheat Ridge Fire Departments meet with the City Manager and/or the Director of Parks and Recreation and the Superintendent of Parks to discuss the preventative methods which could be taken to minimize the danger of wild fires in the Greenbelt. Particular attention should be given to the hill on the South side of the creek. I further move that the City Manager and Fire Chiefs should report their recommendations to Council at the June 24 Council Meeting, seconded by Mrs Rotola, carried 8-0 Motion by Mr Schneider that staff take a look at our Recreational Vehicle parking standards and/or the definitions, also look into RV's that are not registered in the City being parked in the City; seconded by Mr DiTullio, carried 8-0 CITY COUNCIL MINUTES June 10, 2002 Page - 7 - Motion by Mrs Rotola that the City Attorney and staff revisit Section 15-19, Defacing Property, and any other Code dealing with Graffiti; to draft a tougher and more enforceable Graffiti Ordinance including language for absentee landlords, seconded by Mr DiTullio carried 8-0 Motion by Mrs Rotola to have the City Attorney work with the Planning Department and the Police Department to draft a Resolution and/or Ordinance dealing with those who choose not to comply with our Code of Laws, even when a Court Order is given to do so, seconded by Mr Mancinelli; carried 8-0 Meeting adjourned at 9.02 p m 91<<-'. J ~ wanda Sang, City CI APPROVED BY CITY COUNCIL ON JUNE 24, 2002 BY A VOTE OF 2i TO Q e4J.. /21 o.~ '-~ -z.ff Ralph Mancinelli, Council President The preceding Minutes were prepared according to S47 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 Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions